Skip to main content

Maryland Code, Alcoholic Beverages § 11-1304

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) In this section, “festival” means the Anne Arundel County Beer and Wine Festival, the Benson-Hammond House Strawberry Festival, or any other festival that the Board approves under this section.

(b) There is a beer and wine festival (BWF) license.

(c)(1) The Board may issue the license to a holder of a retail license, a Class 3 winery license, or a Class 4 limited winery license.

(2) The Board may issue the license to a nonprofit organization, as defined by § 501(c) of the Internal Revenue Code, that meets the requirements of:

(i) this section;  and

(ii) any regulations that the Board adopts.

(d) The license authorizes the holder to display and sell:

(1) wine that is:

(i) manufactured and processed in any state;  and

(ii) distributed in the State when the license application is filed;  and

(2) beer that is brewed by a brewer:

(i) that brews less than 60,000 barrels of beer annually;  and

(ii) whose product is distributed in the State when the license application is filed.

(e) A license holder shall display and sell beer and wine:

(1) at retail for on- and off-premises consumption;  and

(2) during the hours and days designated for a festival.

(f) The Board:

(1) each year may choose 1 weekend, Friday through Sunday inclusive, for a festival to take place;

(2) may not choose a weekend that occurs within 14 days before or after the Maryland Wine Festival in Carroll County;

(3) shall choose a location that is not already licensed;  and

(4) shall ensure that the primary focus of a festival is the promotion of Maryland beer and wine.

(g)(1) The license holder may hold another license of a different class or nature.

(2) The license holder may display and sell beer or wine at a festival without holding a nonprofit beer, wine, and liquor festival permit under § 2-131 of this article.

(h) Beer and wine displayed and sold shall be:

(1) invoiced to the license holder by a wholesaler, a Class 3 winery, or a Class 4 limited winery;  and

(2) delivered to a festival from the licensed premises of the wholesaler, Class 3 winery, or Class 4 limited winery.

(i) A holder of a wholesale, Class 3 winery, or Class 4 limited winery license may enter into an agreement with the license holder to:

(1) deliver beer and wine not earlier than 2 days before the effective date of the license;  and

(2) accept returns not later than 2 days after the expiration date of the license.

(j) The Board may set the license fee.

(k) The Board shall adopt regulations to carry out this section.

a. The commissioner shall contract with appropriate agencies for the performance of preadmission screening or perform the screening directly through the division.  Preadmission screening shall be made available, upon request and for a reasonable fee to be established by the commissioner, to a private pay individual, whether or not the individual expects to become eligible for the Medicaid program.

b. The commissioner shall develop procedures for monitoring the preadmission screening program, for which purpose the commissioner may establish an independent review process, to ensure that screening standards are being met by the division or by those agencies which are under contract to perform preadmission screening pursuant to subsection a. of this section.

Cite this article: - Maryland Code, Alcoholic Beverages § 11-1304 - last updated December 31, 2021 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard