Maryland Alcoholic Beverage Law

Administrative Law and Regulatory Matters in the Alcoholic Drink Industry

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Maryland only this past year repealed provisions of law applicable in specified counties that made it a criminal offense to knowingly selling or providing an alcoholic beverage to an individual with an intellectual disability or to an individual if a family member or guardian has given written notice to the license holder that the person is of an unsound mind. It is difficult to understand how in modern times in Allegany, Carroll, Charles, Harford, Kent,…
In the final days of 2018 the President signed into law H.R. 5317 repealing the pre-Civil War prohibition on certain alcoholic beverage manufacturing on Indian lands. I the parlance of the early 19th century the bill repeals a prohibition on creating or continuing a distillery in Indian country for manufacturing ardent spirits, when it almost cryptically provides, “Section 2141 of the Revised Statutes (25 U.S.C. 251) is repealed.” The now repealed 1834 law…
Last week the Baltimore County Board of Liquor License Commissioners issued a new Class B-ECF/DS alcoholic beverage license to the University of Maryland Baltimore County. Despite that there were already 781 alcoholic beverages licenses issued for use in Baltimore County, this license is significant. For those interested in inside baseball, this is an entirely new class of license. The Class B Education Conference Facility/ Dining Service beer, wine and liquor license was created by Senate
The Board of Liquor License Commissioners for Baltimore County has issued new Rules and Regulations effective September 30, 2018. Liquor board Rules are of great import and govern the issuance of an alcoholic beverage license as well as the day to day operations of a business selling alcoholic beverages. While hyper technical in nature, the Rules have the force of law and a violation of a Rule can result in civil penalties and ultimately suspension…
Talbot County, on the eastern shore of Maryland, is one of only a handful of places in America that prohibits the selling or providing of alcoholic beverages on an election day during the hours when the polls are open. The picturesque waterfront county is named for Lady Grace Talbot, the sister of Lord Baltimore and wife of Sir Robert Taylor, whose family was an owner of Sean’s in Athlone, the oldest pub in Ireland (that…
Given that a liquor license is “the” key asset in a business selling alcoholic beverages, be it a restaurant or package goods store, violations of laws associated with those licenses are of great import. The twenty three counties in Maryland, Baltimore City, and the City of Annapolis each issue retail alcoholic beverages licenses and local boards of liquor license commissioners police activities under those licenses. This blog post is a review of retail liquor license…
A liquor license holder in Maryland may now be issued more than one restaurant liquor license. Effective July 1, 2018, House Bill 2018-1003, now Chapter Laws 225, authorizes a single individual to hold multiple Class B, beer, wine, and liquor licenses or equivalent licenses issued by different local liquor licensing boards for restaurants, hotels, or motels. Nancy Hudes has focused experience advising chain restaurants and other with multiple restaurant locations about alcoholic beverage licensing matters.…
You may not yet know that you need an expert witness? But, in a public hearing before a Board of Liquor License Commissioners, expert witness testimony often is admitted when the Board determines that the testimony will assist it, as the trier of fact, to understand the evidence or to determine a fact in issue. Thomas Jefferson may be the earliest known expert witness in an American court when in 1771 in Hite v. Fairfax,…
I have just returned from a month of mountain climbing in Pakistan where alcoholic beverages are banned. Pakistan has the world’s greatest concentration of high peaks and glaciers, with more than 160 summits of over 6,000 meters and a beauty, isolation and sheer immensity like nothing else on the planet. It was this wilderness of ice and rock that Eric Shipton called “the epitome of mountain grandeur” that drew me to the confluence of the…
  The transfer of a liquor license often involves issues of life and death, and in some instances, zombies and phantoms. A decision last year by the Maryland Court of Special Appeals in Liquor License Commissioners for Baltimore City v. Austin was instructive as to when a liquor license is really dead. The court explains at the beginning of the 25 page opinion, .. a zombie is defined as the supernatural power according to voodoo…