Md. Code, Alco. Bev. § 25-1608
Except as provided in subsections (c)through (j)of this section, the Board may not issue a license for an establishment that is within 750 feet of:
The distance from the establishment to the place of worship, elementary or secondary school, or youth center is to be measured from the nearest point of the building of the establishment to the nearest point of the building of the place of worship, school, or youth center.
If the establishment is on land that is zoned commercial or industrial and is adjacent or contiguous to other land similarly classified, the Board, by majority vote, may issue a license for an establishment that is more than 300 feet from a place of worship, elementary or secondary school, or youth center.
The Board, by unanimous vote, may issue an on-sale license for a restaurant that is located in Burtonsville Town Square shopping center at the northwest corner of MD 198 and US 29 a if the issuance of the license will not adversely affect nearby places of worship, schools, youth centers, or the nearest residential community.
The Board, by majority vote, may issue an on-sale Class B beer, wine, and liquor license for a restaurant in Gaithersburg if:
The Board, by unanimous vote, may issue a license with an on-sale privilege for a restaurant that is located in the Hillandale Shopping Center at the northeast corner of MD 650 and Interstate 495 if the issuance of the license will not adversely affect nearby places of worship, schools, youth centers, or the nearest residential community.
The Board, by unanimous vote, may issue a license with an on- sale privilege for a restaurant in the Rockshire Planned Residential Unit development in Rockville if:
The Board, by unanimous vote, may issue a license with an on-sale privilege for an establishment in Rock Spring Centre bordered by Rock Spring Drive, Rockledge Drive, Interstate 270, and Old Georgetown Road in Bethesda, if the issuance of the license will not adversely affect nearby places of worship, schools, youth centers, or the nearest residential community.
REVISOR'S NOTE: This section is new language derived without substantive change from former Art. 2B, § 9-216(a) through (g).
Throughout this section, the former references to a "church" are deleted as included in the references to a "place of worship".
In the introductory language of subsection (a) of this section, the reference to a license "for an establishment" is added for clarity and consistency with subsections (b) and (c) of this section.
In the introductory language of subsection (a) and in subsection (d) of this section, the former reference to a license "to sell alcoholic beverages" is deleted as included in the defined term "license".
In subsection (a)(3) of this section, the reference to a governmental "unit" is substituted for the former reference to a governmental "agency" to conform to the terminology used throughout this article.
In subsection (b) of this section, the former reference to the "proposed" establishment "for which the license is requested" is deleted as surplusage.
In the introductory language of subsection (c)(1) of this section, the former reference to this section not "affect or prohibit, in any manner" the items listed in subsection (c)(1)(iii) is deleted as included in the reference to the section not "apply to" those items.
In subsection (c)(1)(iii)3 of this section, the former phrase "or the purposes of this section" is deleted as surplusage.
In subsection (d) of this section, the reference to an "establishment" is substituted for the former reference to the "building" to conform to the terminology used throughout this article.
Also in subsection (d) of this section, the reference to land that is "zoned commercial or industrial" is substituted for the former reference to land that is "classified in a commercial or industrial zone under the applicable zoning ordinance" for brevity.
Also in subsection (d) of this section, the former phrase "under the zoning ordinance" is deleted as surplusage.
In subsections (e), (f), (g), (h), (i), and (j) of this section, the former phrase "otwithstanding the provisions of subsection (a) of this section" is deleted as unnecessary in light of the introductory language of subsection (a) of this section that states "xcept as provided in subsections (c) through (j) of this section".
In subsections (e), (f), (h), (i), and (j) of this section, the former phrase "xcept for the distance restrictions provided in subsection (a) of this section" is deleted as unnecessary in light of the introductory language of subsection (a)
of this section that states "xcept as provided in subsections (c) through (j) of this section".
In subsections (e), (f), (h), and (j) of this section, the former definitions of "Burtonsville Town Square", "Takoma Park Transit Impact Area", "Hillandale Shopping Center", and "Rock Spring Centre", used once in the former law, are revised as part of the substantive provisions of those subsections for concision.
In subsections (e), (h), and (j) and in the introductory language of subsections (f)(2), (g), and (i) of this section, the former references to "the following conditions are satisfied" are deleted as implicit in the word "if".
In subsection (e) of this section, the reference to the authority of the Board to "issue an on-sale license for a restaurant" is substituted for the former reference to the authority of the Board to "approve an application for an alcoholic beverages license of an applicant for a restaurant" for brevity. Similarly, in subsection (h) and in the introductory language of subsections (f)(1) and (i) of this section, the references to the authority of the Board to "issue a license with an on-sale privilege for a restaurant" are substituted for the former references to the authority of the Board to "approve an application for an alcoholic beverages license of an applicant for a restaurant". Similarly, in subsection (j) of this section, the reference to the authority of the Board to "issue a license with an on-sale privilege for an establishment" is substituted for the former reference to the authority of the Board to "approve an application for an alcoholic beverages license of an applicant for an establishment".
In subsection (e) of this section, the former reference to the shopping center "located in Montgomery County" is deleted as unnecessary in light of the organization of this revised article. Similarly, in subsection (g)(1) of this section, the former phrase "in Montgomery County" is deleted and in subsections (h) and (j) of this section, the former phrases "located in Montgomery County" are deleted.
In subsection (f)(2)(i)1 of this section, the former phrase "f the restaurant building is outside the respective zone, district, or area the measurement of the distance of" the nearest point of the restaurant building is deleted as surplusage.
In the introductory language of subsection (g) of this section, the former reference to "the City of" Gaithersburg is deleted as surplusage. Similarly, in the introductory language of subsection (i) of this section, the former reference to "the City of" Rockville is deleted.
In the introductory language of subsection (i)(1) of this section, the former phrase "in existence as of June 1, 2004" is deleted as obsolete.
The Alcoholic Beverages Article Review Committee notes, for consideration by the General Assembly, that the distance restriction established under former Art. 2B, § 9-216(a)(2), revised in subsection (a) of this section, applies only to an elementary or a secondary school but not to a middle school.
Defined terms: "Alcoholic beverage" § 1-101
"Board" § 25-101
"License" § 1-101
"On-sale" § 1-101
"Restaurant" § 1-101
Md. Code, AB § 25-1608