SB 731
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 731 (Senator Edwards)
Education, Health, and Environmental Affairs Economic Matters
Allegany and Garrett Counties – Alcoholic Beverages – Gift Basket Permits
This bill establishes a gift basket permit in Allegany and Garrett counties. A gift basket
permit may be issued to a person whose primary business is the sale and delivery of flowers
or specified gift baskets who does not hold any other alcoholic beverages license or permit.
The gift basket permit fee is $100. The permit holder’s annual sales from alcoholic
beverages may not exceed 10% of the holder’s annual gross sales. The bill takes effect
July 1, 2021.
Fiscal Summary
State Effect: None.
Local Effect: Allegany and Garrett counties revenues increase to the extent gift basket
permits are issued in each county under the bill. The counties can monitor permits and
adopt the required regulations with existing resources.
Small Business Effect: Minimal overall, but potential meaningful impact for permit
holders able to sell gift baskets containing alcohol, as specified, under the bill.
Analysis
Bill Summary: The bill’s provisions are the same for each county, except that in
Garrett County there is an additional one-time issuing fee of $100 for a new permit.
A permit holder may sell and deliver, to consumers of a legal drinking age located in the
county, gift baskets containing up to 72 ounces of beer, 2.25 liters of wine, or 2.25 liters of
liquor. The permit holder or an employee of the permit holder must deliver the gift basket
and require the person receiving the delivery to display proof that the person is at least
21 years old. An individual who delivers a gift basket under the bill must be at least
21 years old. The alcoholic beverages contained in a gift basket must be purchased from a
retail license holder.
A permit may not be issued for use in conjunction with or on the premises of a chain store,
supermarket, or discount house. Each county’s Board of License Commissioners must
adopt regulations to carry out the bill. Additionally, a permit holder must maintain records
and submit reports as required by the board.
Local Fiscal Effect: Allegany and Garrett counties revenues increase by $100 annually
for each gift basket permit issued. In addition, Garrett County revenues increase from
one-time issuing fees of $100 for each new gift basket permit issued in the county. As the
number of individuals that will seek to obtain a permit, as a result of the bill, is unknown,
any corresponding revenue increase cannot be reliably estimated. The counties can monitor
permits and adopt the required regulations with existing resources.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 1059 (Allegany County Delegation and Garrett County
Delegation) - Economic Matters.
Information Source(s): Department of Legislative Services
Fiscal Note History: First Reader - February 15, 2021
an/tso Third Reader - March 19, 2021
Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 731/ Page 2


Statutes affected:
Text - First - Allegany and Garrett Counties – Alcoholic Beverages – Gift Basket Permits: 9-102 Alcoholic Beverages, 9-1001.2 Alcoholic Beverages, 21-102 Alcoholic Beverages, 21-1001.2 Alcoholic Beverages
Text - Third - Allegany and Garrett Counties – Alcoholic Beverages – Gift Basket Permits: 9-102 Alcoholic Beverages, 9-1001.2 Alcoholic Beverages, 21-102 Alcoholic Beverages, 21-1001.2 Alcoholic Beverages