Md. Code art. Alcoholic Beverages and Cannabis, § 12-2005Md. Code, Alcoholic Beverages and Cannabis § 12-2005

Current with changes from the 2024 legislative session through Ch. 734, effective on or before 6/1/2024
Section 12-2005 - Restrictions of hours and days for consumption and sale
(a)
(1) In response to a complaint, the Board may petition the circuit court for a temporary order that, on a license holder's premises, limits the hours and days for the sale and consumption of:
(i) beer;
(ii) beer and light wine; or
(iii) beer, wine, and liquor.
(2) The court may issue the order if the court finds by clear and convincing evidence that:
(i) the activities arising from the sale and consumption of alcoholic beverages on the licensed premises have resulted in an extreme and continuing disturbance to a residential community;
(ii) the license holder has failed to exercise good faith in attempting to remedy the disturbance at the request or order of the Board; and
(iii) the Board has been unable to provide relief to the residential community by exercising its authority to suspend the license or reprimand the license holder.
(3) The duration of the order may not exceed the duration of the license term.
(4) The order shall be stayed pending appeal from the order.
(5) This section does not limit any other powers of the Board.
(b)
(1) This subsection applies only in the City on the inner perimeter of a rectangle bounded by 31st Street on the south, Greenmount Avenue on the east, 32nd Street on the north, and Barclay Street on the west.
(2) By regulation, the Board may restrict the hours and days for the sale and consumption of:
(i) beer;
(ii) beer and light wine; or
(iii) beer, wine, and liquor.
(c)
(1) This subsection does not apply to:
(i) a Class B beer and light wine license;
(ii) a Class B beer, wine, and liquor license;
(iii) a Class B-D-7 beer, wine, and liquor license;
(iv) a Class C beer and light wine license; and
(v) a Class C beer, wine, and liquor license.
(2) For a license holder in an area bounded by Liberty Heights Avenue, Northern Parkway, Druid Park Drive, and Wabash Avenue, the hours of sale:
(i) may not begin before 9 a.m. or end after 10 p.m.; and
(ii) may not be extended if they begin later than 9 a.m. or end before 10 p.m.
(3) For a license holder in an area bounded as follows: from the intersection of East North Avenue and Harford Avenue, southwest on Harford Avenue to the intersection of Harford Avenue and North Central Avenue, south on North Central Avenue to the intersection with East Monument Street, east on East Monument Street to the intersection of East Monument Street and North Wolfe Street, south on North Wolfe Street to the intersection of North Wolfe Street and McElderry Street, east on McElderry Street to the intersection of McElderry Street and North Collington Avenue, south on North Collington Avenue to the intersection of North Collington Avenue and East Fayette Street, east on East Fayette Street to the intersection of East Fayette Street and North Lakewood Avenue, north on North Lakewood Avenue to the intersection of North Lakewood Avenue and East Monument Street, west on East Monument Street to the intersection of East Monument Street and North Luzerne Avenue, north on North Luzerne Avenue to the intersection of North Luzerne Avenue and East Federal Street, west on East Federal Street to the intersection of East Federal Street and North Rose Street, north on North Rose Street to the intersection of North Rose Street and East North Avenue, then west on East North Avenue to the intersection of East North Avenue and Harford Avenue, the hours of sale:
(i) may not begin before 9 a.m. or end after 10 p.m.; and
(ii) may not be extended if they begin later than 9 a.m. or end before 10 p.m.
(d)
(1) This subsection does not apply to:
(i) a Class B beer and light wine (restaurant) license;
(ii) a Class B beer, wine, and liquor (restaurant) license issued under § 12-1603(c)(1)(ii) of this title;
(iii) a Class B-BWL (H-M) license;
(iv) a Class C beer and wine license;
(v) a Class C beer, wine, and liquor license;
(vi) an arena license; or
(vii) a marketplace license.
(2) For a license holder in the 40th alcoholic beverages district, the hours of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.:
(i) within an area bounded:
1. from the intersection of Reisterstown Road and Quantico Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road, southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on Quantico Avenue to the intersection with Reisterstown Road; and
2. from the intersection of Millington Avenue with Wilkens Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue, northeast on Frederick Avenue to the intersection with West Pratt Street, east on West Pratt Street to the intersection with South Mount Street, south on South Mount Street to the intersection with Eagle Street, southwest on Eagle Street to the intersection with South Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue;
(ii) within the area of West North Avenue between the 1000 block of West North Avenue and the 3200 block of West North Avenue, inclusive; and
(iii) for a license holder within 250 yards in any direction of the area described in item (ii) of this paragraph.

Md. Code art. Alcoholic Beverages and Cannabis, § 12-2005Md. Code, Alcoholic Beverages and Cannabis § 12-2005

Amended by 2024 Md. Laws, Ch. 997,Sec. 1, eff. 6/1/2024.
Amended by 2024 Md. Laws, Ch. 996,Sec. 1, eff. 6/1/2024.
Amended by 2023 Md. Laws, Ch. 389, Sec. 1, eff. 7/1/2023.
Amended by 2023 Md. Laws, Ch. 388, Sec. 1, eff. 7/1/2023.
Amended by 2022 Md. Laws, Ch. 375, Sec. 1, eff. 5/16/2022.
Amended by 2022 Md. Laws, Ch. 374, Sec. 1, eff. 5/16/2022.
Amended by 2021 Md. Laws, Ch. 664, Sec. 1, eff. 7/1/2021.
Amended by 2020 Md. Laws, Ch. 389, Sec. 1, eff. 7/1/2020.
Amended by 2020 Md. Laws, Ch. 92, Sec. 1, eff. 7/1/2020.
Amended by 2020 Md. Laws, Ch. 91, Sec. 1, eff. 7/1/2020.
Amended by 2018 Md. Laws, Ch. 755, Sec. 1, eff. 5/15/2018.
Amended by 2018 Md. Laws, Ch. 754, Sec. 1, eff. 5/15/2018.
Amended by 2017 Md. Laws, Ch. 601, Sec. 1, eff. 7/1/2017.
Added by 2016 Md. Laws, Ch. 41, Sec. 2, eff. 7/1/2016.