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Section 26-1501 – Application of General Provisions

    (a)    Section 4–207 (“Licenses issued to minors”) of Division I of this article applies in the county without exception or variation.     (b)    The following sections of Title 4, Subtitle 2 (“Issuance or Denial of License Applications”) do not apply in the county:         (1)    § 4–206 (“Limitations on retail floor space”) and is superseded by § 26–1504 of this […]

Section 26-1503 – Tax Payments

    (a)    Subject to subsection (b) of this section, the Board may not issue a license to an applicant unless the Board is provided verification from the Comptroller and the county that the applicant has:         (1)    paid all undisputed taxes payable to the Comptroller and the county; or         (2)    provided for payment of the taxes described in item (1) […]

Section 26-1504 – Restrictions on Floor Space for Off-Sale Use

    (a)    Except as provided in subsection (d) of this section, a license holder may not devote more than 10,000 square feet of floor space to off–sale use.     (b)    (1)    Except as provided in subsection (d) of this section, floor space is the space devoted to the sale of alcoholic beverages for off–premises consumption, including:             (i)    a basement on the […]

Section 26-1505 – Multiple Licenses for Persons and Premises

    (a)    Unless otherwise authorized by this article, a person may not have an interest in more than one license issued by the Board, regardless of whether the person acts on the person’s own behalf or on behalf of another person.     (b)    The prohibition against issuing multiple licenses for the same premises or to an individual for the […]

Section 26-1506 – License Not Subject to Certain Actions

    A license is not subject to:         (1)    a writ of execution by a judgment creditor of a license holder; or         (2)    except as provided in § 26–1507 of this subtitle, a distraint for rent.

Section 26-1507 – Creation of Security Interest

    (a)    A license holder may create a security interest in the license in favor of a landlord or a creditor of the license holder.     (b)    The security interest shall be perfected in accordance with the Commercial Law Article.     (c)    The license holder shall deliver to the Board a copy of the underlying security agreement that is signed by […]

Section 26-1508 – License Expiration Date

    A license shall expire:         (1)    for a Class B license, on the next May 31 after its issuance; and         (2)    for a Class C or Class D license, on the next June 30 after its issuance.

Section 26-1509 – Restrictions on Issuance to Chain Stores, Supermarkets, or Discount Houses

    (a)    Except as provided in subsection (b) of this section, the Board may not issue a license that has an off–sale privilege to:         (1)    an establishment commonly known as a chain store, supermarket, or discount house; or         (2)    a franchisor, franchisee, or concessionaire of the establishment.     (b)    An establishment described in subsection (a) of this section that held a […]

Section 26-1510 – Extinguishing Class a License

    (a)    (1)    A person may obtain a Class A license of any kind to have the Board declare the license to be extinguished.         (2)    (i)    The person shall inform the Board of the purpose for obtaining the license.             (ii)    The Board shall declare the license to be extinguished when the person comes into possession of the license.         (3)    A person that […]

Section 26-1511 – Calendar of Hearing and Filing Dates for License Applications

    (a)    (1)    The Board may adopt a calendar that establishes:             (i)    filing dates by which license applications are required to be filed; and             (ii)    hearing dates for license application hearings.         (2)    A filing date for a license application shall be at least 60 days before the hearing at which the application is to be heard.     (b)    (1)    The Board shall determine the […]

Section 26-1512 – Posting of Notice of Applications to Be Heard

    (a)    In addition to the newspaper notice required under § 4–208 of this article, the Board shall post a suitable notice in a conspicuous place at the location described in an application for at least 10 days before the application hearing.     (b)    A notice under subsection (a) of this section shall state the class of license for […]

Section 26-1513 – Factors in Deciding Whether to Approve License Application

    (a)    The Board shall approve an application and issue the license for which application is made if the Board determines that:         (1)    issuing the license is necessary for the accommodation of the public;         (2)    the applicant is a fit person to receive the license for which application is made;         (3)    the applicant has not made a material false statement […]

Section 26-1514 – Board Restrictions on License Holders

    The Board may impose restrictions on a license holder to enable the Board to carry out the duties imposed on it by this article if the Board develops:         (1)    written restrictions that are reasonable, clear, and understandable; and         (2)    written regulations to enforce the restrictions that comply with due process, including providing for notice and a hearing.

Section 26-1515 – Opposition to Issuance of License

    The Board may not approve a license application and shall deny the license if the Board determines that more than 50% of the owners of real or leasehold property within 1,000 feet of the location described in the application are opposed to the issuance of the license.

Section 26-1516 – Waiting Period After Denial

    (a)    Except as provided in subsection (b) of this section, if a license is denied, another license application for the same location may not be made for 6 months after the denial.     (b)    This section does not apply to:         (1)    an application for the transfer of a license; or         (2)    a license application that is denied:             (i)    because of a […]