SB 791
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 791 (Senator Young)
Education, Health, and Environmental Affairs
Frederick County – Alcoholic Beverages – Class B Licenses – Off–Premises
Consumption
This bill authorizes and establishes requirements for the sale or delivery of alcoholic
beverages for off-premises consumption by specified Class B license holders in
Frederick County. The bill also authorizes the holder of a Class B alcoholic beverages
license in the Ballenger (23rd) election district of Frederick County to sell beer, wine, and
liquor for off-premises consumption, as specified. The bill takes effect June 1, 2021.
Fiscal Summary
State Effect: None.
Local Effect: Frederick County can update its policies and regulations with existing
resources. Revenues are not affected.
Small Business Effect: Meaningful.
Analysis
Bill Summary: A Class B license that is authorized to sell alcoholic beverages at a
restaurant for on-premises consumption or on- and off-premises consumption may sell any
alcoholic beverages authorized under its license in a sealed or closed container for
off-premises consumption or delivery if (1) the alcoholic beverage is purchased along with
prepared food other than prepackaged snacks; (2) the individual purchasing the alcoholic
beverage is at least 21 years old, provides valid identification as proof of age, and any
documentation required by the board if the sale is for delivery; (3) the license holder has
registered and received written authorization from the board to sell alcoholic beverages
authorized under its license for off-premises consumption or delivery; (4) each alcoholic
beverage sold for off-premises consumption or delivery is provided in the manufacturer’s
original sealed container, as specified, and sold or delivered before 11 p.m.; (5) the delivery
of an alcoholic beverage is made from the licensed premises only by the license holder or
the holder’s employee to the individual purchasing the alcoholic beverage; and (6) the
alcoholic beverage is not delivered to another premises licensed to sell alcoholic beverage
or an address located outside the county.
Current Law: Retail delivery of alcoholic beverages is generally prohibited in the State
unless authorized by the local licensing board.
The Class B license in the Ballenger (23rd) election district is for use by luxury-type
restaurants, as specified.
A Class B beer, wine, and liquor hotel or restaurant license authorizes restaurants to sell
for off-premises consumption alcoholic beverages with an alcoholic content of not more
than 14.5%.
Small Business Effect: A small business restaurant that is able to deliver alcoholic
beverages in Frederick County under the bill is likely to experience increased sales and
revenues.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 1241 (Frederick County Delegation) - Economic Matters.
Information Source(s): Frederick County; Department of Legislative Services
Fiscal Note History: First Reader - February 17, 2021
an/tso
Analysis by: Hillary J. Cleckler Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 791/ Page 2


Statutes affected:
Text - First - Frederick County – Alcoholic Beverages – Class B Licenses – Off–Premises Consumption: 20-102 Alcoholic Beverages, 20-602 Alcoholic Beverages, 20-803 Alcoholic Beverages, 20-902 Alcoholic Beverages, 20-904 Alcoholic Beverages, 20-1901 Alcoholic Beverages, 20-1904 Alcoholic Beverages