Bill Summary – FastDemocracy

HB 795
                      Department of Legislative Services
                             Maryland General Assembly
                                   2021 Session
                          FISCAL AND POLICY NOTE
                             Third Reader - Revised
House Bill 795                 (Wicomico County Delegation)
Economic Matters                         Education, Health, and Environmental Affairs
            Wicomico County - Alcoholic Beverages - License Alterations
This bill repeals the requirement in Wicomico County that the holder of a Class B beer,
wine, and liquor (golf course) license must have average daily receipts from the sale of
food for each month that exceed the average daily receipts from the sale of alcoholic
beverages. The bill also expands the authorized days in which a holder of a Class A beer,
wine, and liquor (BWL) license in the county may sell beer, wine, and liquor to Monday
through Sunday, from 6 a.m. to midnight instead of Monday through Saturday, from 6 a.m.
to midnight. The bill takes effect July 1, 2021.
                                   Fiscal Summary
State Effect: None.
Local Effect: Wicomico County revenues increase to the extent that the board issues
additional Class B beer, wine, and liquor (golf course) licenses under the bill.
Wicomico County can handle any additional enforcement activity with existing resources.
Small Business Effect: Overall minimal, but potential meaningful for the holder of a
Class A BWL alcoholic beverages license able to sell alcoholic beverages on Sundays
under the bill.
                                         Analysis
Current Law:
Class B Beer, Wine, and Liquor (Golf Course) License
The Wicomico County Board of License Commissioners may issue a Class B beer, wine,
and liquor (golf course) license for the use of a golf course or organization that is open to
the public, is operated for profit, owns real estate in the county, and has a golf course with
a minimum of 18 holes. The license may be issued for a golf course that has average daily
receipts from the sale of food for each month that exceed the average daily receipts from
the sale of alcoholic beverages. In calculating average daily receipts from the sale of food,
an allocation of foodstuff contained in a mixed drink may not be included in average daily
receipts from the sale of food. The annual license fee for a Class B beer, wine, and liquor
(golf course) license is $2,000.
Class A Beer, Wine, and Liquor License
A holder of a Class A BWL license may sell beer, wine, and liquor on Monday through
Saturday, from 6 a.m. to midnight. The board may only issue a Class A BWL license to an
establishment that has been (1) issued a Class B license, and (2) continually operating as a
restaurant in the county since at least three months before the application of the license.
The board may not issue a license to an establishment that is a corporation or limited
liability company unless the license applicant owns 75% of the total issued capital stock of
the corporation or the limited liability company. The board may not issue more than
three Class A BWL licenses in the county. The annual license fee for a Class A
BWL license is $4,400 and is in addition to the fee paid for the underlying Class B license.
Local Fiscal Effect: Wicomico County advises that there are two Class B beer, wine, and
liquor (golf course) alcoholic beverages licenses issued for use during fiscal 2020. For each
additional license issued, Wicomico County revenues increase by $2,000.
Wicomico County also advises there are three Class A BWL licenses issued for use in the
county. The board can handle any enforcement activity with existing resources.
                                Additional Information
Prior Introductions: None.
Designated Cross File: SB 715 (Senators Carozza and Eckardt) - Education, Health, and
Environmental Affairs.
HB 795/ Page 2
Information Source(s): Wicomico County; Department of Legislative Services
Fiscal Note History:   First Reader - February 17, 2021
rh/tso                 Third Reader - March 18, 2021
                              Revised - Amendment(s) - March 18, 2021
Analysis by: Thomas S. Elder                     Direct Inquiries to:
                                                 (410) 946-5510
                                                 (301) 970-5510
HB 795/ Page 3
Statutes affected: 
Text - First - Wicomico County - Alcoholic Beverages - Repeal of Food Sales Requirement for Class B (Golf Course) License: 32-102 Alcoholic Beverages, 32-1003 Alcoholic Beverages
Text - Third - Wicomico County - Alcoholic Beverages - License Alterations: 32-102 Alcoholic Beverages, 32-1003 Alcoholic Beverages, 32-2004 Alcoholic Beverages