Bill Summary – FastDemocracy

HB 312
                      Department of Legislative Services
                             Maryland General Assembly
                                   2021 Session
                           FISCAL AND POLICY NOTE
                              Third Reader - Revised
House Bill 312                  (Delegate Reilly)
Economic Matters                           Education, Health, and Environmental Affairs
     Harford County – Alcoholic Beverages – Assisted Living Program License
This bill establishes a Class ALP (assisted living program) beer, wine, and liquor license
in Harford County. The Harford County Board of License Commissioners may issue the
license to a manager of an assisted living program that (1) is licensed by the Department
of Human Services under § 19-1804.1 of the Health-General Article and (2) may be
operated under a management agreement. The annual license fee is $3,500. The bill takes
effect July 1, 2021.
                                    Fiscal Summary
State Effect: None.
Local Effect: Harford County revenues increase to the extent Class ALP licenses are
issued under the bill. Harford County can handle enforcement activities with existing
resources.
Small Business Effect: Minimal.
                                         Analysis
Bill Summary: The board may issue up to five Class ALP licenses to a person. The license
authorizes the license holder to:
     provide beer and wine for on-premises consumption by a resident or a guest of a
      resident of the assisted living program;
     store liquor that has been purchased by a resident in a secure locker that is accessible
      only to individuals at least 21 years old;
      prepare mixed drinks using liquor that has been purchased by a resident and mixers
       provided by the resident or license holder; and
      serve liquor that has been purchased by a resident, or a mixed drink that is prepared
       using a resident’s liquor, to a resident or guest of a resident for on-premises
       consumption.
The license holder may provide or serve beer, wine, and liquor for on-premises
consumption on Monday through Sunday, from 8:00 a.m. to 2:00 a.m. the following day.
The license holder must require each individual who serves beer, wine, or liquor on the
premises to hold a certificate of completion from an approved alcohol awareness program
as described in § 4-505 of the Alcoholic Beverages article.
An employee of the assisted living program who is at least 18 years old may serve alcoholic
beverages or assist in preparing mixed drinks.
The license must be applied for by and issued to the manager of the assisted living program.
Specified pecuniary interest requirements, including stock ownership and limited liability
company membership interest, do not apply to an applicant for a Class ALP beer, wine,
and liquor license.
County laws restricting the issuance of an alcoholic beverages license to an establishment
located within a specified distance of a place of worship or school do not apply to the
issuance of a Class ALP license.
Current Law: “Assisted living program” means a residential or facility-based program
that provides housing and supportive services, supervision, personalized assistance,
health-related services, or a combination thereof that meets the needs of individuals who
are unable to perform or who need assistance in performing the activities of daily living or
instrumental activities of daily living in a way that promotes optimum dignity and
independence for the individuals.
                                Additional Information
Prior Introductions: HB 962 of 2020 passed the House, was referred to the Senate
Education, Health, and Environmental Affairs Committee, but no further action was taken.
Its cross file, SB 373, passed the Senate, was referred to the House Economic Matters
Committee, but no further action was taken.
HB 312/ Page 2
Designated Cross File: SB 386 (Harford County Senators) - Education, Health, and
Environmental Affairs.
Information Source(s): Harford County; Maryland Department of Health; Department of
Human Services; Department of Legislative Services
Fiscal Note History:     First Reader - February 7, 2021
an/tso                   Third Reader - March 19, 2021
                                Revised - Amendment(s) - March 19, 2021
Analysis by: Hillary J. Cleckler                   Direct Inquiries to:
                                                   (410) 946-5510
                                                   (301) 970-5510
HB 312/ Page 3
Statutes affected: 
Text - First - Harford County – Alcoholic Beverages – Assisted Living Program License: 22-102 Alcoholic Beverages, 22-1001 Alcoholic Beverages, 22-1405 Alcoholic Beverages, 22-1602 Alcoholic Beverages, 19-1801 Health General
Text - Third - Harford County – Alcoholic Beverages – Assisted Living Program License: 22-102 Alcoholic Beverages, 22-1001 Alcoholic Beverages, 22-1405 Alcoholic Beverages, 22-1602 Alcoholic Beverages, 19-1801 Health General