HB 430
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 430 (Montgomery County Delegation)
Economic Matters Education, Health, and Environmental Affairs
Montgomery County – Alcoholic Beverages – Seating Requirements MC 11–21
This bill repeals the capacity requirements for an applicant of a BWL Community
Performing Arts Facility alcoholic beverages license in Montgomery County. The bill
takes effect July 1, 2021.
Fiscal Summary
State Effect: None.
Local Effect: Montgomery County revenues to the extent that the bill results in additional
alcoholic beverages licenses are issued under the bill. The county can monitor any
additional licenses using existing budgeted resources.
Small Business Effect: Minimal.
Analysis
Current Law: A “community performing arts facility” is any facility used for art classes,
banquets, exhibits, live performances, shows, theater productions, visual arts shows,
weddings, and community-related activities.
The board may issue a BWL Community Performing Arts Facility license to an entity that
owns or leases a performing arts facility that has (1) a minimum capacity of 200 and
(2) a maximum capacity of 1,499. The license authorizes the licensee to, from 9:00 a.m. to
2:00 a.m. the following day, sell beer, wine, and liquor, by the drink, from one or more
outlets on the licensed premises, for on-premises consumption. The licensed facility must
serve food during the hours in which alcoholic beverages are sold or consumed. The board
may, as a condition for license issuance or renewal, impose restrictions on the areas within
the licensed facility where beer, wine, and liquor may be sold, served, possessed, or
consumed.
A licensee may contract with a licensed caterer to serve alcoholic beverages and food on
the premises.
A single entity may hold no more than three licenses for performing arts facilities in
separate locations. The annual fee for a BWL Community Performing Arts Facility license
is $750.
Local Fiscal Effect: As of February 2021, there were five BWL Community Performing
Arts Facility alcoholic beverages licenses issued for use in the county. Montgomery County
advises that there is one community performing arts facility interested in a
BWL Community Performing Arts Facility alcoholic beverages license. The annual license
fee is $750, and there is an initial application fee of $600 and an annual renewal fee of
$100. Therefore, Montgomery County revenues increase by $1,350 in fiscal 2022 for each
license issued and $850 in fiscal 2023 and annually thereafter for each license renewal.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Montgomery County; Department of Legislative Services
Fiscal Note History: First Reader - February 17, 2021
rh/tso Third Reader - March 17, 2021
Analysis by: Thomas S. Elder Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 430/ Page 2


Statutes affected:
Text - First - Montgomery County – Alcoholic Beverages – Seating Requirements MC 11–21: 25-102 Alcoholic Beverages, 25-1004 Alcoholic Beverages
Text - Third - Montgomery County – Alcoholic Beverages – Seating Requirements MC 11–21: 25-102 Alcoholic Beverages, 25-1004 Alcoholic Beverages