Maryland § 25-405

§ 25-405.

    (a)    This section applies to a Class 7 micro–brewery (on– and off–sale) license in the county.

    (b)    The license may be issued to the holder of:

        (1)    a Class B beer, wine, and liquor (on–sale) license that is issued for use on the premises of a restaurant located in the county;

        (2)    subject to subsection (c) of this section, a Class D beer and wine license that is issued for the sale of beer and wine, at retail, at the place described in the license, for on– and off–premises consumption;

        (3)    a Class H beer and wine license that is issued for the sale of beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on–premises consumption;

        (4)    a Class BD–BWL license that is issued for the sale of beer and wine for on– and off–premises consumption, and liquor for on–premises consumption, at the place described in the license;

        (5)    a Class B–BWL (clubhouse/lodge) license that is issued for the sale of beer and wine for on– and off–premises consumption, and liquor for on–premises consumption, at the place described in the license; or

        (6)    a Class D beer, wine, and liquor license that is issued for the sale of beer, wine, and liquor for on–premises consumption, at the place described in the license.

    (c)    The Executive Director may not issue more than an aggregate amount of two Class 7 micro–brewery licenses to holders of Class D beer and wine licenses in the Town of Kensington.

    (d)    A holder of the license shall enter into a written agreement with the Alcohol Beverage Services for the sale and resale of malt beverages brewed under the license.

    (e)    (1)    Subject to paragraphs (2), (3), and (4) of this subsection, the holder of a Class 7 micro–brewery license may:

            (i)    brew in two locations using the same Class 7 micro–brewery license; and

            (ii)    obtain a Class 2 rectifying license for the premises at the two locations authorized under item (i) of this paragraph.

        (2)    The holder of a Class 7 micro–brewery license may brew in two locations using the same Class 7 micro–brewery license if the license holder:

            (i)    requests permission by submitting a written application to the Executive Director; and

            (ii)    obtains written approval from the Executive Director.

        (3)    Before authorizing a holder of a Class 7 micro–brewery license to brew in two locations using the same Class 7 micro–brewery license, the Executive Director shall:

            (i)    make a determination that a second location to brew additional capacity is necessary due to insufficient space at the existing Class 7 license location; and

            (ii)    consider any other factor relevant to approval of the application.

        (4)    Notwithstanding any other provision of this article, a holder of a Class 7 micro–brewery license may not serve or sell malt beverages for on– or off–premises consumption at the second brewing location authorized under this subsection.

    (f)    A holder of a Class B–BWL (clubhouse/lodge) license that is issued a Class 7 micro–brewery license is not subject to the licensure restriction on holders of Class 7 micro–brewery licenses set forth under § 2–216(e)(2) of this article.