AGENDA QUEEN ANNE'S COUNTY BOARD OF LICENSE COMMISSIONERS TUESDAY, MAY 6, 2025 - 9:00 A.M. 110 VINCIT ST., CENTREVILLE, MD SPECIAL/TEMPORARY LICENSES: Kent Island Cornhole Foundation - Date of event May 4 and May 31 Queen Anne's Co. Chamber of Commerce Date of event - May 14 Church Hill Theatre = Dates of event - June 6-22 APPROVAL OF APRIL, 2025 MINUTES AND REPORTS: Approve April 1, 2025 Minutes and April 2025 Liquor Inspector Report LIQUOR INSPECTOR: CHESAPEAKE BARTENDERS, STEVENSVILLE, MD Courtney Smith, general questions REVIEW FOR ADVERTISING: A new Class "B" Beer & Wine License for Andreas Kurt Peter, Jr., for the Benefit of Chesapeake Chef Service, LLC, trading as Chesapeake Chef Service, permitting the sale of the aforesaid beverages on the premises located at 225 Saddler Rd., Grasonville, MD 21638 PUBLIC HEARING: CONTINUED TO MAY 6 A new Class "B" Beer, Wine & Liquor License for Andrew Zhang, for the Benefit of EZ Rolling, LLC, trading as Millennium Sushi, permitting the sale of the aforesaid beverages on the premises located at 408 Outlet Center Drive, Queenstown, MD 21658 PUBLIC HEARING: A new Class "B" Beer, Wine & Liquor License for Joseph Zagami, for the Benefit of ZC Restaurant Group, LLC, trading as Alibi Gastropub, permitting the sale of the aforesaid beverages on the premises located at 122 N. Commerce St., Centreville, MD 21617 HILLSIDE LIQUORS & DELI: 2640 Centreville Rd., Centreville, MD 21617. Review letter from Town of Centreville regarding relocation of business DRUG FREE COALITION: PUBLIC HEARING: Review proposed Amended and Restated Board of License Commissioners Rules and Regulations Manual NOTE: COPY OF PROPOSED CHANGES FOLLOW THIS AGENDA ON PAGE: 2 ROUNDTABLE: ADJOURN Queen Anne's County N INE'S 6 CETCRIEIR 1706 Board of License Commissioners Rules and Regulations Manual Bôr, Brackets! and stekethreugh indicates language to be deleted *Rel, llulnda and undelineindicates! language to be added Amended and Restated-9/H/29- 3/. /25 Revined-2/10/33 INTRODUCTION This booklet contains Rules and Regulations which have been adopted by the Board of License Commissioners for Queen Anne's County, Maryland (hercinafter Board). The Board is an agency which regulates and controls the sale and distribution of alcoholic beverages within Qucen Anne's County. The Board has the authority to: approve or disapprove applications for licenses to sell alcoholic beverages and to revoke, suspend and/or fine licensees who violate the liquor laws. In carrying out its function, the Board is governed by the laws and regulations of the State of! Maryland relating to alcoholic beverages, by the Rules and Regulations contained in this booklet, and by relevant rules of law relating to administrative agencies. The laws of the State of Maryland relating to alcoholic beverages are found in the Alcoholic Beverages Article of the Annotated Code of Maryland. The Alcoholic Beverages Article is a statutory scheme which contains provisions that apply: statewide: as well: as provisions which only apply locally. The local provisions thata apply to Qucen Anne's County are found under" Title 27. Licensel holders and other interested persons are encouraged to obtain a copy of the Alcoholic Beverages Article and to familiarize themselves with it. A copy oft the Alcoholic Beverages Article may be obtained from the Comptroller of the' Treasury,Alcohol and Tobacco Tax Division, Louis 1. Goldstein Treasury Building, P.O. Box 2999, Annapolis, Maryland 21404-2999, or by telephone at 410.260.7314. The Board of License Commissioners for Quccn Anne's County, Maryland, pursuant to the power invested in it by 5 27-206 oft the Alcoholic Beverages Article of the Annotated Code of Maryland, hercby repeals any and all prior Rules and Regulations and enacts the herein Rules and Regulations. This publication is not intended to include all rules and regulations or address all laws governing alcoholic beverages laws in Qucen Anne's County; rather, it is a compilation of the rules and regulations that most frequently arise in response to questions from licensees. The foregoing Rules and Regulations have been revised and adopted this jth day of Scptember 2020. The effective date is September 1, 2020. BOARD OF LICENSE COMMISSIONERS Gene M. Ransom, III, Es4., Chair Thomas E. Beery John TA McQuceney Lann M. Mason timmhyGi-Hibbn Charles W.Ferrar 2 TABLE OF CONTENTS Chapter 1. Definitions Chapter 2. General Provisions Chapter 3. Temporary Licenses Dedication. Maurice D. Dashicll Licensee. Attestation ast page, signed, detached, and retained by Board prior to issuance or rencwal of licensc. CHAPTER 1 DEFINITIONS 1.01 ALCOHOLIC: BEVERAGES alcohol, brandy, whiskey, rum, gin, cordial, beer, ale, porter, stour, wine, cider, and any other spirituous, vinous, malt or fermented liquor, liquid, or compound, by whatever name called, which contains one-half of one percent or more of alcohol by volume, which is fit for beverage purposes. This does not include a confectioncry food product that contains up to 5 percent of alcohol by volume and is regulated by the Department ofHealth and Mental Ilygiene under S 21-209 of the Ilealth General Article. 1.02 ALCOHOLIC BEVERAGE, INSPECTOR an individual or individuals: as identified in Maryland Annorated Code, Alçoholic Beverages Article S 6-202 and/or Alcoholic Beverages Article S 27-205. 1.03 BOARD or LOCAL LICENSING BOARD the Board of License Commissioners of Qucen Anne's County, Maryland. 1.04 CLUB an association or corporation which is organized and pperated exclusively for educational, social, fraternal, patriotic, political or athletic purposes and not for profit. 1.05 COMPLIANCE CHECK - A compliance check is a proactive enforcement approach to the problem ofl liquor sales to: minor violations. A person under the age of21 years is enlisted to attempt to purchase alcoholic beverages from a liçensee. A compliance check provides an investigative avenuc for the detection and deterrence of liquor sales to underage persons. 1.06 COMPTROLLER the Comptroller of the Treasury of the State of Maryland. 1.07 IMMEDIATE CONSUMPTION: Immediate Consumption means to be consumed within three (3) days of mixing. 1.08 KEG Keg means a container of beer with a capacity of at least 4 gallons, which is designed to dispense beer directly from the container. 1.09 KEG LICENSE HOLDER - Keg license hold means a person who holds a license that authorizes the person to sell beer in kegs at retail. 1.10 LICENSEE or LICENSE HOLDER the holder of any license or permit issued under the provisions of the Alcoholic Beverages Article of the Annotated Code of Maryland or of any other law of the State of Maryland and includes a county liquor control board and a county dispensary. 1,111 LICENSED PREMISES includes any building, parking lot, rerrace or grounds used in connection with the operation of the business conducted under the license, as defined and approved in the site plan submitted with the original license application or as amended and approved by the Board. 1.12 NUDITY AND SEXUAL DISPLAYS Nudity and sexual displays as defined in Alcoholic Beverages Article S 4-605. 1,13 RULES AND REGULATIONS MANUAL A compilation of the most recet Rules and Regulations contained herein as well as any addendums that may bei issued from time to time. CHAPTER 2 GENERAL PROVISIONS 2.00 COMPLY WITH ALL LAW, RULES, AND REGULATIONS Licensces must operate their establishments: at all times in accordance with the requirements of all federal, state, and local laws, regulations, and rules. Licensees shall operate their establishments in such a manner as toj promote the gencral welfare oft the communiry and to avoid disturbing the peace, safery, health, and quict. Licensees and/or licensee's agents or employces may not commit or allow the commission on the licensed premises of an act that is contrary to: any federal, state or local statute, law, ordinance, rule, or regulation, or of any act that is against the public peace, safery, health, welfare, quiet, or morals. 2.01 AGENDA Any person requesting to be placed on the agenda for a regularly scheduled mecting, must notify the Board's Clerk oft their request in writing at least 7 days prior to the mecting. The request must state the name of the person wishing to be heard and the topic to be addressed. The Chair of the Board or the Chair's designee will determine if the request is something that must be handled in a hearing or can be addressed administratively withour official Board action. While the Board will endeavor to include such requests on the agenda, due to potential scheduling concerns, the Board makes no guarantee that every request will be accommodated. While the public is invited to attend all open mcctings and can ask questions or share their views about liquor board related issues with the Board, there is no requirement that a member of the public come into a mecting to do sO. Instead, members of the public can contact the Liquor Board Office via email or phone to express any concerns or issues to be shared with the Board. 2.02. ALCOHOL AWARENESS CERTIFICATION. A licensee or a person employed and designated by the liçensee who is certified in an: approved Alcohol Awareness Program certifiedb by the State Comptroller must be on site ofthe licensed premises at all times. An up-to-date valid certificate must be kept at the establishment and presented to the proper authority upon request. 2.03 APPEALS Licensces desiring to: appcal any Board decision mus st file an appeal to the Circuit Court for Queen Anne's County, Maryland within thirty (30) days after the date oft the Board's decision. Thej party filing the appeal must pay for the transcription oft testimony. T'he order for such transcription should be placed within five (5) days after the appeal is filed. 2.04. APPLICATIONS (a) MEETING WITTI BOARD/INSPECTOR Any applicants for a new or transfer license must first mect with the Liquor Inspector or other authorized agent of the Board prior to the issuance ofa license. (b) REGULAR. LICENSES Applications for a regular license should be submitted at least 37 days prior to the hearing in which the license will be approved or denied. The fee for this application is $300. 1. Advertising Any new or transfer license must frst be advertised for two consecurive weeks in a newspaper of general circulation in this jurisdiction. 2. An applicant has the option to request a hearing for advertising or to: advertise at their own risk where an application is filed in less than 37 days. In cither event, a hearing on the license must be held: at least 7 days and no more than 30 daysaftert the date oft the last publication of advertiscment. 5 () TEMPORARY LICENSES Unless exception is made for good cause shown, applications for a temporary license must be submitted 5 business days prior to the dare of the hearing. (d) RULES AND REGULATIONS All applicants must be familiar with the Board's Rules and Regulations prior to the issuance ofa license. (e) LICENSEE ATTESTATION The applicant must provide a signed and dated copy of the Licensee Attestation prior to the issuance of a license. 2.05 BORROWING ALCOHOL: FROM ANOTHER LICENSEE A licensce may not borrow or loan alcoholic beverages to: another licensce. 2.06 CARDING, STANDARDS FOR (a) ACCEPTED FORMS OF PROOF. The licensee or employee of the licensee may accept, as proofof a1 person's age: @) Driver' s license or govemment issued identification card; (i). A United States military identification card; or a (ii) lassport. (b) LICENSE RESTRICTIONS A licensee or employee of the licensee is neither required to look at, nor consider the restrictions on the back of: a driver's license as those restrictions pertain to driving only. (c) LICENSE ORIENTATION There is no prohibition against accepting identification in a vertical format so long as the date of birth listed on the front of the driver license reflects that the holder of the license is ofl legal drinking age. 2.07 CHANGE IN INFORMATION Any change in the original application information or subsequent renewal application information in the files of the Board (ic. change of: address, phone number, death ofa Licensec, formation or dissolution of a Corporation, change of name, or change of Officers/licensec: and/or any other information necessary for the records), these changes are to bei immediately reported to the Board, and instructions will be given as to the proper procedure tol be followed in cach of the aforesaid changes. This information 1s required in writing tothel Board within ten (10) business days from the date of the occurrence or change. Alicensee desiring to resign from the License must notify the Board in writing. When the establishment has more than one licensee, a licensee who wishes to resign must first giver notice to the Board of this intention. The Board must promptly notify the licensees and meet with them to consider this request. The Board will grant the request unlcss it finds good cause to the contrary. The pendency of a violation hearing constitutes a good cause. Communication between the Licensees and the Board is essential. Tothat end (a) Licensces shall provide the Board with a functional telephone number, home address, work address, email address, and cell number for the licensce and the licensed premises. (b) Licensees must report any changes to any of the info listed in (a) above to the Board within 10 days of thc change. 2.08 CHANGES TO THE LICENSED PREMISES Any licensec proposing toexpand or reduce the: size of thel licensed premises or cstablishment must submit a written request to the Board along with a copy of the proposed plans. The licensee must obtain the Board's approval of the plans before any construction or alteration begins. Upon completion of the 6 modifications and the rekase of any necessary permits, zoning approval, or any required inspections, the Board will issue a final written approval. No license holder shall make any alteration or addition to a licensed premise or change the manner in which alcoholic beverages are dispensed without first obtaining permission from the Board. 2,09 CLASS B OR BD (RESTAURANT) LICENSE HOLDERS Restaurant licenses shall be issucd to an establishment equipped with sufficient dining: and kitchen facilities for preparing and serving regular mcals to the general public. A menu shall be maintained, advertising the serving ofa a varicty of foods. Class B Average daily reccipts from the sale of food shall comprise at least 51% of the average daily gross reccipts of the establishment. Class BD Average daily reccipts from the salc of food shall comprise at least 25% of the average daily gross reccipts of the establishment. These records must be kept in the cstablishment at all times ande lopen for inspection by any duly authorized representative of the Comptroller or the Board at all umes during regular business hours. Licensces are required to complete a Statement of Purchases and Sales of Alcoholic Beverages and Food. This report must be submitted along with the annual renewal application. Quarterly reports may be required if the Board decms them necessary. 2,10 COMPLAINTS (a) Complaints about a current licensee/licensed premises AU complaints regarding a current licensce shall be referred to the Board ofl License Commissioners' Office. The Inspector or an authorized agent oft the Board may investigate the complaint and make a written report of his/her findings to the Board. (b) Complaints about a non-licensed premises All complaints about a non-licensed premise may be referred to the Board of License Commissioners' Office, and/or referred to state law cnforcement, local law enforcement, and/or regulatory enforcement agencies, including, but not limited to Centreville Police, Queen Anne's County Sheriff, Maryland State Police, Queen Anne's County State's Attorneys'" Office, and/or the Comptroller's Ficld Enforcement Division. 2.11 COMPLIANCE CHECKS Compliance checks may be conducted by the Board, the Liquor Inspector, any authorized agent of the Board, the Comptroller's Office, or any other regulatory or enforcement agency of the State. (a) OCCURRIENCE Compliance checks will be performed as follows: 1. Routine Basis On a random basis at least once per year on every licensed premise to ascertain leveis of compliance among licensces and to deter sales to minors gencrally, and 2. Complaint Basis When a complaint has been logged that licensee is selling to persons under 21 years of age. (b) UNDERAGED BUYER - The underaged buyer will be berween the age of 18 years and 20 years,9 9 months. A picture of the underaged buyer on the day of the attempted purchase will be taken and saved to the file as will a copy ofthe underaged buyer's valid drivers' license or identification. Compliance check underaged buyers must abide by the Board's rules and regulations regarding compliance checks atall times. Ifasked for identification, the underaged buyer must present their valid drivers' license. Ifasked for their age, the underaged buyer must tell the seller their actualage. Ifservice is refused, the underaged buyer will make no further attempts to convince the scller or server to provide alcohol. The underaged buyer must 7 be the person who attempts to make a purchase, meaning the underaged buyer must order the alcohol (if in a restaurant or bar setting) or must select the alçohol, walk it to the counter, and attempt to purchase the alcohol. () PROCESS IF A SALE IS MADE - 1. Off-premised sales if a sale is made, the underaged buyer must exit the building, hand the proceeds of the sale to the inspector, describe the seller to the inspector or otherwise identify the seller, and wait in the car for the inspector to re-emerge. 2. On-premised sales ifa sale is made, the underaged buyer must call the inspector or visually waive the inspector over, identify the proceeds of the sale to the inspector, identify the seller, and then exit the building and wait in the car for the inspector to re emerge. (d) RESULTS The results of all compliance checks will be reported to the licensee and to the Board. Should a licensec fail a compliance check, said establishment shall be notified of the failure in writing by the Board, and the license holder will be required to come before the Board for a hearing to address the violation and possible sanctions that may be imposed by the Board. The license holder shall be provided with any and all information that the Board possesses regarding the alleged failure/violation at least (en (10) days prior to the meeting date. Reports of an alleged failure will be forwarded to local and/or state law cnforcement agencies. 2.12 CONSUMPTION/POSSESSION ON PREMISES (a) No licensee or their employces shall have in their possession at any place on the licensed premises any alcoholic beverages which their license does not permit the licensee to: sell. Nol licensee or their employees shall keep upon the licensed premises any alcoholic beverages except those so purchased. (b) It shalll be unlawful for: any person to drink on the licensed premises, or for any license holder to permit any person to drink any alcoholic beverages not purchased from the license holder on said premises. Exception: A restaurant, club or hotel which holds: a Class B or Class CI license that allows the sale of wine may allow: an individual to consume wine not purchased from or1 provided by the license holder onlyi if @) The wine is consumed with a mcal during the hours of sale specified by the license; (i) The individual receives the approval of the license holder; (in) The wine is not available for sale on the license holder $ wine list; and (v) The license holder obtains a permit from the Board before allowing an individual the privilege of consuming wine not purchased from or provided by the license holder. (c) A license holder that allows an individual the privilege of consuming wine specificd in subparagraph (b) of this section may determine and charge the individuala fee for the privilege, on which a sales tax shall bei imposed. (d) The license holder shall dispose of wine described above that remains after the meal is finished. ()Thei individual may remove from the licensed premises a bottle of winc, the contents of which are only partially consumed with the meal, if the license holder or an employce of the license holder inserts a cork in or places a cap on the bottle. A bottle of wine that is removed from the licensed premises is an "open container" for purposes off 10-125 oft the Criminal law Article. (DA license holder may not: allow an individual who is under 21 years old the privilege of consuming wine described under subparagraph (b) of this section. 2.13 CONVICTIONS RELATING TO ALCOHOL OR DRUGS Any licensee who is convicted of: a felony and/or violating any drug law, driving while impaired by drugs or alcohol, or driving under the influence of drugs or alcohol must report the same to the Board in writing within 30 days of the date of the conviction. Said conviction may subjcct the licensec to a possible fine and/or suspension or revocation pursuant to: a hearingi in accordance with the Alçoholic Beverages Article. 2.14 CRIMINAL HISTORY RECORDS CHECK A Criminal listory Records Check Report for all applicants applying for new or transfer application must be reccived by the Board prior to an application for an alcoholic beverage license being presented for hearing. The Board may require applicants for license renewals to meet these requirements upon filing an application for renewal if there is reason to belicve that during the license year a license holder has been convicted of any offense against the laws of the State or of the United States, which in the judgement of the Boardi is of such a nature as to render such person unfit or disqualificd toobtain said renewal; provided that in such a case a public hearing shall be held by the Board prior to renewal at which all relevant facts and circumstances of such offense may be inquired into. 2.15 DEATH OF A LICENSEE In the event of the death ofa licensce, the license will need to be transferred. The Board may extend the license until the first scheduled meeting occurring more than 30 days after the death of the licensee. Thereafter, the personal representative of the licensee can attend the first scheduled meeting occurring more than 30 days after the death of the licensee to discuss if and how a transfer will be cffectuated. 2.16 DELIVERY Licensces and/or their employces may not deliver alcoholic beverages off the licensed premises unless specifically authorized in writing pursuant to Alcoholic Beverages Article S 4-507a and the required permit fce is paid in full. All off-premise sales must be in factory sealed containers only. At no time, may an individual under the: age of21 be employed or allowed to deliver alcoholic beverages. Board permission to deliver must be renewed cachy yearatt the time of license renewal. All licenscesg granted permission to deliver alcoholic beverages shall require identification from the recipient of the alcoholic beverages. All licensees shall maintain a delivery log, which includes the followingi information: the delivery emplayee's name and age; the date of delivery; the type and amount of alcohol delivered; the delivery address; the name and age oft the recipient of the alcoholic beverages, as well as the type of identification and identification number used to verify the same. 2.17 DISORDERLY CONDUCT (a) GENIERALLY All licensees shall operate their stablishments in such a manner as to avoid disturbance of the peace, safery, and tranquility of the neighborhood in which the place of business is located. Congregation of patrons in a noisy, unruly, or disturbing manner after leaving the interior portion of the licensed premiscs shall be prohibited. (b) NOISE Outside amplification of music shail be strictly prohibited between the hours of 12:30 a.m. and 10:00 a.m. 2.18 DISPLAY OF LICENSE Every licensee shall frame their license under glass and display in their place of business in a conspicuous and casily read manner near where alcohol is dispensed and wherc the public can view the license. 2.19 DISPOSAL OF EMPTY CONTAINERS, NO REFILLING Refillable Container Permit - Unless a licensce has a refillable container permit pursuant to Alcoholic Beverages Article $27-1102, no bottles or containers may be refilled. No retail dealer or his agent or employee shall reuse or refill any container of alcoholic beverages with any substance whatsocver after such container has been fully or partially emptied of its original contents; nor shall any licensee adulterate, dilute, or fortify the contents of any such bottle or container. On premise sale licensees are required to properly dispose of all containers of alcoholic beverages after the original contents are empticd. Thel bottles cannot be reused or used for mixing. 2.20 DRINKS CARRIED OUTSIDE No bottles, cans, or mixed drinks of alcoholic beverages may be purchased and/or opened inside an cstablishment and taken outside for consumption uniess that outside area is approved by the Board: as part of the licensed premises. 2.21 EMPLOYEES (a). AGETOSHI.- pere aiantaw under the age of 182Larn may Formatted: Font color: Red not be tkieAufavhehmps employed to sell, deliver, or otherwise deal with alcoholic beverages. -twte Maye-- Articles 27-1902(b)(1). Anindisidual: atl keast IBcars old may bsmplasssltu: (i) stock alcoholic beveragesi inay premises for which a Class A license isi issued: () serve alcoholic beverages while actingasa a server on the licensed premises othert than a premises for whicha a Class AI license isi issued: and () operate a ticket terminal ina a premises for which a Class AI liçense isi issued. Article 6 27-1902/b)2) (b) RECORDS Licensces shall maintain records containing the legal names, aliases, addresses, ages, and social security numbers ofa all persons employed by them. Such records shall be open for inspection at any time by duly authorized representatives of the Board, all police departments, and other governmental agencies. Employees shall be defined to mean all permanent, full- and part time employces as well as all temporary or casual labor who handles alcoholic beverages. 2.22 FEES. AND FINES All fees and fines must be paid within 30 days of assessment, by cash, check, money order or credit card and paid to the order of the Qucen Anne's County Commissioners. The failure to timcly pay fees and/or fines may result in the suspension or revocation oft the alcoholic beverages license in question. 2.23 GAMBLING/GAMES OF CHANCE OR SKILL/DRINKING GAMES (a)A licensee, owner, manager, operator, or employce may not allow the cstablishment to be used for any illegal gambling activity. (b) A licensce, owner, manager, operator, or employee may not encourage drinking games or contests to be conducted on the licensed premises. 10 2.24 GRANTING OF LICENSE/TIME LIMIT OF APROVAL Any transfer or new license approval granted by the Board is valid for no mor e than ninety (90) days from the date of the hearing unless the Board establishes some other deadline when granting approval. Ifthe license is not issued within that time period, the approval of the license shall expire unless the applicant requests and receives an extension of time from the Board. lt is solely within the Board's discretion to approve or deny an extension of time. The license must not be issued until the applicant is fully ready for use: and: all other approvals have been received. 2.25 HEARINGS AND CONFERENCES Unless excused by the Board, all licensecs or applicants for a license must be present during any hearing or conference scheduled by the Board. A licensce may submit a request to the Board to postpone a scheduled hearing or conference within five (5) business days oft the date of the hearing or conference. If the Board approves the request, all administrative costs associated with the rescheduling of the hearing must be paid prior to rescheduling the hearing or conference. 2.26 INSPECTIONS All license holders, their agents and employces, must cooperate with representatives of the State Comptroller, his/her duly authorized deputies, inspectors and clerks, the Board ofLicense Commissioners for Qucen Anne's County, its duly authorized agents and employees, the Maryland State Police, and any peace officer, Fire Authorities, Health Department, Planning and Zoning, Codes Inspector, the Grand Jury, and representatives of other authorized agencies whenever any of these persons arc on the licensed premises on official business and shall comply with any reasonable order of such authorities, or other public authoriry designated to promote the health, safety, and gencral welfare ofthe public at large. 2.27 INTOXICATED PERSONS No licensce or any of their employees, shall sell, barter, furnish, or give any alcoholic beverages to any person who, at the time of such sale or delivery, is visibly under the influence of any alcoholic beverage. 2.28 KEG LICENSE HOLDER (a) REGISTRATION: A keg! license holder may not sell or otherwise transfer, offer to sell, or otherwise transfer the contents of a keg for off-premises consumption unless: (1) the keg license holder provides to the purchaser a keg registration form approved and distributed by the Comptroller that is designed to be affixed to the keg: and that indicates the name and address oft the licensed establishment and a registration number; (2) the purchascr provides identification and completes and signs a registration form with the followingi information: @ the purchaser's name and address as shown on the identification produced; and (i) the date of purchase; and (3) the keg license holder affixes the completed registration form to the keg and retains a copy of the form for 30 days on the licensed premises. (b) RETURNS (1) On retum of a registered keg from the purchaser, the keg license holder shall remove or obliterate the keg registration form affixed to the keg and note the removal and the date of the removal on the copy of the keg registration form rctained by the keg license holder at the licensed premises. (2) @ Ifa kegi 1s made of disposable packaging that does not have to be returned to the kegl license holder, the keg! license holder shall indicate on the keg registration form that the kegi is disposable. (Gi) Disposal of cmpty kegs made of disposable packaging docs not constitute obliteration of the keg registration form. 11 (C) REGISTRATION FEE A keg license holder may charge a keg registration fee to a purchaser. () VIOLATIONS (1) A keg license holder who violates this section is subject to a fine as outlined in Alcoholic Beverages Article S 5-303 () or a suspension or revocation of the license, or both a fine and suspension or revocation. (2) The existence of a completed registration form signed by the purchaser creates a presumption that the keg license holder has complied with the requirements of this section. 2.29 LIENS. AGAINST LICENSES NOT REÇOGNIZED In Qucen Anne's County licenses issued under The. Alcoholic Beverages Article of the Annotated Code of Maryland shall not be subject to writs of execution by a judgement creditor ofa licensee, nor shall said licenses be subject to a distraint for rent. 2.30 LIQUOR INSPECTOR 'The Liquor Inspector is to act as an agent of the Board and may not take any action in contravention of the Board's express directions, instructions,; goals, and/or purpose. 2.31 MINORS UNDER 21 YEARS OF AGE No licensee or any oft their employces, shall sell or furnish any alcoholic beverages at any time to a minor under rwenty-one years of age, either for his own use or the use of any other person. 2.32 NUDITY AND SEXUAL DISPLAYS (a) PROHIBITED ATTIRE AND CONDUCT. No licensed premiscs shall allow nudity, sexual displays, or pictures, films, or depictions of the same. An individual may not (1) be employed or used in the sale or service of alcoholic beveragesi in or on the licensed premises while the individual is unclothed or in attire, costume, or clothing so as to expose to view any portion of the female breast below the top of the arcola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals; (2) be employed or act as hostess or act in a similar capacity to mingle with the patrons while the hostess ori individual acting in a similar capacity is unclothed or in attire, costume, or clothing described in item (1) of this subsection; (3) encourage or allow an individual on the licensed premises to caress or fondle the breasts, buttocks, anus, or genitals of another individual; or (4) allow an employcc or other individual to wear or use a device or covering exposed to view that simulates any portion of the breast, genitals, anus, or pubic hair. (b) PROIIIBITED ENTERTAINMENT: With respect to entertainment provided, a person may not: (1) allow an individual to perform an act of or act that simulates: 0 sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law; Gi) the caressing or fondling of the breast, buttocks, anus, or genitals; or (in) the display of the pubic hair, anus, vulva, or genitals; (2) subject to item (1) of this subscction, allow an entertainer whose breasts or buttocks are exposed to perform closer than 6 fcet from the nearest patron; or (3) allow ani individual to use: an artificial device ori inanimate object to depict, perform, or simulate an activity prohibited under item (1) of this subsection. (c) PROHIBITED MOTION PICTURES, STILL. PICTURES, ELECTRONIC REPRODUCTION, OR OTHER VISUAL. REPRODUCTION. A person may not show a motion picture, a still picture, an electronici reproduction, or other visual reproduction depicting: 12 (1) an act or a simulated act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law; (2) ani individual being caressed or fondled on the breast, buttocks, anus, or genitals; (3) a scene in which an individual displays the vulva, anus, or genitals; or (4) a scenc in which an artifiçial device or inanimate object is used to depict, or a drawing is used to portray, a prohibited act described in this subsection. (d) INDIVIDUALS WHO MUST LEAVE PREMTSES. A person may not allow an individual to remain in or on the licensed premises who exposes to public view any portion of the individual's genitals oc anus. 2.33 OTHER PERMITS, LICENSES AND APPROVALS (a) FIRE MARSHIAI. The Fire Marshal must approve any new or transfer application prior to the issuance ofa any: alcoholic beverage license. Licensecs must completely comply with all Fire Marshal orders. Ift the Fire Marshall closes a licensed establishment for any reason, the license must be returned to the Board until the Fire Marshall allows the establishment to re-open. (D)IEALTH DEPARTMENT Any new or transfer application for any alcoholic beverage license must mcet all Ilealth Department requirements prior to the issuance of any alcoholic beverage license. If the Heaith Department closes a licensed establishment for any reason, the license must be returned to the Board until the Health Department allows the cstablishment to reopen to prepare and serve food or beverages. All licensees are strictly accountable for enforcing and observing all health regulations in effect in Qucen Anne's County or any incorporated municipality in which the establishment is located, conceming the proper sanitation of cating and drinking cstablishments. (c) OCCUPANCY PERMIT Before any new license is issued, the Board must receive a copy of the occupancy permit. () SALES & USE TAX. LICENSE- Every licensee shall: supply the Board with a copy oft their Maryland Sales & Use" Tax License; said license shall bei issued prior to thei issuance ofany alcoholic beverage license by the Board. (€) TAXES Applicants for a new W or transfer of an existing license must keep current all State and local tax obligations, including but not limited to, State sales and use tax, withholding tax and admissions tax. (0 TRADER S LICENSE Applicants for either a new liçense or a transfer must submit a valid trader's license issued by the Clerk of the Court for the operation of the business to be conducted if the license is granted by the Board. () WORKERS" COMPENSATION. Applicants fora new or transfer of an existing license must submit proofofWorkers' Compensation insurance or indicate on the application that the: applicant 1S not requircd to provide coverage. This coverage must be kept current. () ZONING No license shall be issued nor shall the premises be used in any way which violates any zoning or other statutory land use restriction. Licensees must comply with all zoning regulations. 2.34 OUTSIDE AREAS Every licensee is responsible for policing the immediate area outside of the cstablishment. Loitering and drinking outside of the licensed premise arca is prohibited. Unless licensecs obtain written permission from the Board, alcoholic beverages are not to be dispensed or consumed outside regardless of where the alcoholic beverages are purchased. All licensees must strictly enforce this requirement. Every licensee is 13 responsible for removing litter, trash, cans, bottles, etc. from the outside of the establishment and the parking lot. 2.35 OUTSIDE SOLICITATION No licensee shall employ any solicitor or salesman for the purpose of soliciting orders for alcoholic beverages outside the licensed place of business and no sale may be consummated outside the licensed place of business as designated on your original application. 2.36 PROHIBITED HOURS OF CONSUMPTION Noj person shall consume: any alcoholic beverages on any premiscs open to the general public between the hours of two o'clock a.m. and Six o'clock a.m. and no licensee, owner or operator shall knowingly permit such consumption. By 2:00 a.m. all patrons must be out of the establishment and all tables and counters must be clear of bottles, glasses, cups, or other drinking vessels containing any alcoholic beverages after the 2:00 am. closing hour. Jast call should not be later than 1:40 a.m. and patrons should be advised to leave by 2:00 a.m. Owners and employces must finish their work and be out of the cstablishment within a reasonable time. Bands may remain long enough to pack and load their cquipment. 2.37 PROTESTS, NEW OR TRANSFER LICENSES The signers of any protest against any license must state their full name and address, the location of thc premises, and the reasons for protest. All persons who are speaking must either appcar in person at the hearing or sign a swom affidavit. 2.38 PURCHASES/SALES FROM ANOTHER RETAIL: DEALER PROHIBITED (a) No retail dealer isp permitted to purchase alcoholic beverages except from a duly licensed manufacturer, wholesaler, or private bulk sale permit holder or nonresident winery permit holder. (b) No retail dealer shall sell alcoholic beverages to another retail dealer of alcoholic beverages except to the holder ofa a Special Class C or temporary license holder. 2.39 RAFFLES Absent express written approval by the Board, no licensee may sell or give chances or otherwise raffle any bottle containing alcoholic beverages or a gift certificate to purchase alcoholic beverages whether the procecds are for profit or non-profit or charitable purposes. At no time may a chance/raffle as mentioned above be sold or given to a person under the age of 21. 2.40 RECORDS All licensecs shall maintain accurate records of their transactions in alcoholic beverages. These records must be kept on the premises wherc alcoholic beverages are sold for: at least rwoy years, and made available for inspection by authorized personnel of the Comptroller's Office and the Board of License Commissioners. 2.41 RELOCATION OF ESTABLISHMENT Ab licensee whoi intends to transfer the location of the business must complete an application for a transfer. 2.42 RENEWAL APPLICATIONS Applications for rencwal of alcoholic beverage licenses must be filed with the Board of License Commissioners for Qucen Anne's County at least thirty (30) days prior to expiration of present license. AmPmte-ie-tae-S* faeirin The application must be the 14 eriginal fom provided by the Board. Tirasheyiw-t Ekctronic filing ofthea application for rnaliacsptable No revision in licensees, classification, location, etc., may be processed on a renewal application provided, however, that a less restrictive license of the same class may be issucd. All such revisions or applications for transfer must be finalized by March 1 or after May 1 renewal has been issued. All State (Retail Salcs, Employee Withholding, Amusement, and Admission) and County raxes must be paid before the rencwal licensei is issued. 2.43 REQUESTS FOR BOARD REPRESENTATIVE Any request for a Board Member, agent, or employce to attend a mecting or other event on behalf of the Board, must be directed tot the Board of License Commissioners' Office. The Administrator for the Board will distribure the request to all Board Members and the Chair or the Chair's designee will decide which member, ifany, will represent the Board: ats said meetinge or event. At not time shall the Board representative bind the Board to any action or position at said mecting or event. 2.44 RESPONSIBILITY The licensee shall be personally responsible for the operation of the licensed premises and shall be responsible for violations committed not only be him/her but also by his/her agents, employees, and operators. 2.45 RULES AND REGULATIONS MANUAL FAMILIARITY AND LOCATION ON SITE Every licensee must read and be familiar with the Rules and Regulations Manual and kecp a copy of the current Rules and Regulations Manual (along with any addendums) near the cash register, bar, or area where the Manual is casily accessible for the licensee or their employces' reference. All licensces must ensure that their employces read and are familiar with these Rules and Regulations. Prior top picking up a new, transferred, temporary, or renewal license, every licensec must sign the Licensee Attestation indicating that they read: andare familiar with the Rules and Regulations and will act in accordance with them. The Licensce Attestation is the last page of this Manual and must be returned to the Board Office before a license will be issued. ALTERATIONS, CHANGIES, AND DELETIONS. Should the Board make any alterations, changes, or deletionst to the Rules and Regulations, an addendum will bei issued to cach licensee detailing the change. The licensec shall affix a copy of the addendum to the on-site Rules and Regulations Manual and ensure that their employees are aware of the change. 2.46 SIGNAGE REGARDING NO SERVICE TO MINORS All cstablishments shall have signage posted upon the outside of the entrances to their establishment, dearly visible signs stating "NO. ALCOHIOLIC BEVERAGE: SALES OR PROVISIONS TO PERSONS UNDER 21 YEARS OR AGE" in large bold type. 2.47 SITE PLAN FOR LICENSED PREMISE A site plan indicating the licensed premise arca of the establishment is required upon application for any alcoholic beverage license. The site plan will indicate all areas approved for the sale, service and storage of alcohol and any areas that are restricted. Any change to the approved site plan must be submitted and approved in writing by the Board. Any structural changes enlarging or altering the licensed premises also requires the Board's approval. 15 2.48 SPECIAL AND TEMPORARY LICENSES Special and Temporary Licenses may be granted for any qualified, bona fide religious, fraternal, veterans, political, civic or other nonprofit organization when such organizations are having a function at which there will be a cash bar or admission charge or both, provided that the application and fee for the license is filed with the Board at least five (5) business days prior to the hearing. 2.49 STORAGE No licensce shall store or keep any alcoholic beverages anywhere other than on their licensed premises or any other storage area permitted by the Comptroller s Office. 2.50 SUBSTITUTION OF OFFICERS Any club holding a Class CI license may, during: any license year, substitute the name of any one officer for the name of any other officer on the license when the depleted officer has died, retired, been removed from office, or no longer holds: an office in the club. The club shall file a Request to Change Officer Form showing the substitution along with a copy of the club minutes documenting such change. 2.51 TRADE NAME No licensee may change the name of his establishment without prior approval from the Board oflicense Commissioners. The trade name shall be displayed prominently on the outside of the licensed cstablishment. 2.52' TRANSFER OF LICENSE No license holder is permitted to transfer an Alcoholic Beverage License without first filing an application for transfer with the Board of License Commissioncrs. An application for transfer must be filed: as in the case ofa new license. A1 licensce selling his business who wants to have the purchasers operate the business until the transfer 1s complete, may do so by submitting a notarized statement. This can only be done once the application for transfer has been received by the Board and has been advertised: at least once. T'his statement must include the name ofthe licensee(s), license number, address, and the names of the applicants who will be operating the business. The statement must be signed by all those appcaring on the present license and notarized. All accounts associated with the business must remain in the name of the current licensee. The current liçensee is responsible for all actions of the purchasers or anyone acting on behalf of the purchasers until the Board approves the transfer oft the license. 2.53 UNLAWFUL SALES No licensee shall sell or otherwise distribute any alcoholic beverages to any person if there is reason to suspect that such person intends to unlawfully distribute such alcoholic beverages. 2.54 PRE-MIXED ALCOHOLIC BEVERAGES AClss B, C, or D licensee may pre-mix alcoholic beverages for high-capacity or spccialty drinks for Immediate Consumption. Any-premix container must not be allowed to sit for more than three (3) days. Fach pre-mix container must have the following information affixed to the container the date the pre-mix was placed in the container, the contents oft the pre-mix, and the date the container was emptied and cleaned. The container must be cleaned prior to be used for another pre-mix or as often as the health department requires ifl less than three (3) days. 16 2.55 POPULATION AND NUMERICAL LIMITATIONS - FOURTH ELECTION DISTRICT The number of Class A Alcoholic Beverages Licenses permitted in the Fourth Election District of Queen Anne's County shall be limited, as follows: (a) The maximum number of Class A licenses shall be limited to one (1) Class A license for each two thousand (2,000) registered voters, as determined by the Qucen Anne's County Board ofl Election Supervisors. (b) All cxisting Class A licenses are, grandfathered and: are cligible to request transfer within the Fourth lection District. (c) Any Class A license transferring to the Fourth Election District is subject to the population limitation. (d) Reclassification of a Class. A license within the Fourth Election District is prohibited. For example, a Class A Beer and Wine license may not upgrade to a Class A Beer, Wine and Liquor license. (€) EXCEPTIONS. - The population limitation shall not apply to: 0) A marina convenience store located within a marina with a minimum of twenty- five (25) slips. (i) A commercial location that is more than thrce (3) vehicular miles from another Class A licensed location. (i) An application which provides, for the benefit of the public, a unique concept that is not currently offered in the Fourth Election District. 2.56 Issuance of license before completion ofestablishment Formatted: Font: italic, Underline, Font color. Red The Boardn mav: (I) give tentative approval to issuing a license for anestablisiment that is not completed. basedon plans and specifications that accompay the application: and 2) issue the license when the construction is completed in accordance with the plans and specifications. Md Code, AB $ 27-1505 Formatted: Underline, Font color: Red Aientative approwal under Md Code. AB$27-15056 expires On the next renewal date Formatted: Font: Italic, Underline, Font color Red (May P that is more thans Six 16) months from the date suche approval is grantedunless Applicant requesis an extension oft time prior t0s such licenserenerals date. or the Board approves a greater lengih oftime at the time thel license is approved. The Board may grantan extension, for good cause shown regarding the delay for a period not 106 exceed 12months. Thereafter, the Board will only grant an additional extension ifapplicant is inreceiptofa biilding permit issued by the appropri iate issuing authorin in accordance with theplasand specifications previously approved by the Board. 17 CHAPTER 3TEMPORARY LICENSES 3.01 SPECIAL ONE-DAY AND MULTIPLE EVENT LICENSES The Board may grant special licenses of any class, except manufacturer's and wholesaler's, which entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any momprofi/not-forproft club, socicty, or association at the place described in the license, for: period not exceeding seven consecutive days from the effective date thercof. Wherca temporary licensce rents or uses a portion of a regular licensee's premises, both licensees shall be responsible for adhering to all state and local alcoholic beverages laws and regulations. At temporary license holder may purchase alcoholic beverages from retailer. Whenever a special one-day licensci is issued, the holders of wholesale licenses may enter into an agreement with the holderc ofas special one-day license to deliver beer or wine two days prior to the effective date, and to: accept returns two days after the expiration date of the special license. Delivery ofthe beer or winc only may be made ift the holder oft the special license has in hand the special license at the time of delivery. A spccial license may not be granted to any organization more than 12 times in any license year. Instead of Purchasingindividual event licenses for a particular class of license, an applicant may purchase a special multiple event license for the same class of license. The total number of days for which special multiple event licenses may be issued to single applicant may not exceed 36 days per calendar year. The applicant shall pay in advance the fee for a special multiple event license. The Board may not issue a refundi if the holder ofthe license in a license year holds fewer than the number of event S that the holder is entitled to conduct. The fee for a special one-day or multiple event license is $25 per day. A special multiple event license may be issued for one premises only and to the same applicant for all events for which the license isi issued, unless the Board in writing approves a substitute applicant. T'he Board may hold a hearing before approving a substitute applicant. 3.02 ALCOHOL. AWARENESS Iishighly recummeualelihar: a server whoi is currently certificd as having completed an alcohol awarencss program hal be on the premises for which a one-day temporary or special multiple event license isi issued whencver alcoholic beverages are served under the license. 3.03 SPECIAL CONDITIONS Any and all conditions imposed by the Board for the granting of a temporary license must be adhered tO. 3.04 STORAGE Alcoholic beverages may not be stored on the premises once the event had concluded. Exception for voluntcer fire companies only: (a) Alcoholic beverages may be stored on the licensed premises in between individual licensed events if the alcoholic beverages: Arei in a locked and sccured location that has been approved by the Board; and (i) Are not sokd or consumed except during licensed event hours. (b) A liçense holder shall keep completeand accurate records of all alcoholiç beverages purchased: and sold on the licensed premises. The records shall be: 18 0 Maintained on thel licensed premises for two (2) years; (i) Available for inspection by authorized personnel of the Comptroller's Office and the Board of license Commissioners; and (t) The records shall include a completed pre- and post-inventory of all alcoholic beverages for cach individual event, (c) Authorized personnel of the Comptroller's Office and the Board of License Commissioners may inspect the premises of: a license holder during an event and with appropriate notice to the license holder, on: a day when there is not an event, 3.05 BEER. AND WINE TASTING AND SAMPLING The Board may issue a onc-day Class BWIS beer and wine (on-p -premises) tasting or sampling license. A Class BWTS. license may only be issued to a holder of a current alcoholic beverages license or an organization that qualifies for a special Class C beer or Class C beer and wine license. A Class BWIS license may not be granted to a person more than 26 tmes in a calendar year, The license fee is $100. The Board need not publish an application for a Class BWIS license before granting the license. 3.06 NO CHARGE A Class BWIS license authorizes the holder to permit the consumption of wine or beer for tasting or sampling, if the alcoholic beverages are given to consumers at no charge. 3.07 CONSUMPTION (a) A person may consume wine or beer in a quantity not exceeding: @ WINE - 1 ounce from a single brand ofv wine, and 4 ounces from all brands in a single day; and (i) BEER - 3 ounces from a single brand of beer, and 8 ounces from all brands in a single day. (b) All consumption of alçoholic beverages shall occur on the license premises of the holder of the Class BWIS license as: approved by the Board. 3.08 DISPOSAL OF UNCONSUMED, ALCOHOL At the end of the day for which a Class BWIS license is valid, the license holder shall dispose of unconsumed alcoholic beverages remaining in a container opened for tasting or sampling. CHAPTER 4 MISCELLANEOUS PROVISIONS 4.01 SEVERABILITY Ifany rule or regulation of these Rules and Regulationsi is held to be unconstitutional, invalid, or inapplicable to any person or circumstancel by the final decision of a Court of competent jurisdiction, all other rules or regulations of these Rules and Regulations and their application to all other persons and circumstances are severable and remain unaffected by the decision. 4.02 COOPERATION Licensees and their agents and employces shall cooperate with representatives of the Board, Health Department, Fire Department, Planning and Zoning, Law Enforcement, and any other representatives of other governmental agencies who are on official business. 19 4.03 FALSE STATEMENTS An applicant for: a license or a licensee may not make a false statement, material or otherwise, in an original application for an alcoholic beverage license, renewal application, letter or written statement, in testimony before the Board or to any other represcntative of the Board conducting an official investigation. DEDICATION This publication 1s dedicated to License Commissioner Maurice D. Dashicll in recogninon and appreciation of over 25 years of service as a License Commissioner for Qucen Anne's County. 20 LICENSEE. ATTESTATION By signing below, I, llicensce name(s)I hereby attest that: lInitial alll Thave received a copy of the Board of License Commissioners Rules and Regulations; have read and am familiar with these Rules and Regulations; I will: acti in accordance with these Rules and Regulations; I will ensure that my employees have read and are familiar with these Rules and Regulations; and I willl keep a copy of these Rules and Regulations on the licensed premises near the cash register, bar, or other area where they are casily accessible for the licensee or their employces' reference. I will make sure that any addendums, changes, or delctions regarding these Rules and Regulations will be affixed to the on-site copy of the Manual and that my employees arc apprised of the same. Licensee Signature Date Licensee Namc Printed licensee Signature Date Licensce Name Printed Licensce Signature Date Jicensce Name Printed [This) page must be signed, daled, and retured lo the Board prior to the issuance or rnewal ofany licnse.) 21