Md. Code Ann., Alc. Bev. & Cannabis § 4-1107
Local delivery service permit
Effective Jul 1, 2024Added by Acts 2024, c. 774, § 1, eff. July 1, 2024; Acts 2024, c. 775, § 1, eff. July 1, 2024.State of Maryland
- (a) This section applies only in a jurisdiction where the local licensing board has adopted regulations to authorize the delivery of alcoholic beverages by a third-party contractor, an independent contractor, or an agent.
- (b) A local licensing board may issue a local delivery service permit.
- (c) The permit authorizes the holder to deliver alcoholic beverages from a retail license holder authorized to deliver alcoholic beverages under § 4-507 of this title to an individual in the jurisdiction where the retail license holder is located.
(d) A local licensing board may set by regulation:
- (1) the application requirements for the local delivery service permit; and
- (2) additional requirements for holders of the local delivery service permit who deliver alcoholic beverages on behalf of a retail license holder.
(e)
- (1) The local licensing board may charge a fee for the local delivery service permit.
- (2) The annual fee for the local delivery service permit is $1,000.
(f) A local delivery service permit holder may:
- (1) use the delivery service's employees or independent contractors who are at least 21 years old to deliver alcoholic beverages; and
- (2) facilitate orders for the sale and delivery of alcoholic beverages by telephone, Internet, or other electronic means.
(g) The purchaser or receiver of alcoholic beverages under this section shall:
- (1) be at least 21 years old; and
- (2) provide valid identification as proof of age on receipt of the alcoholic beverages.
(h) Alcoholic beverages sold for off-premises delivery under this section shall be:
- (1) provided in the manufacturer's original sealed container; and
- (2) sold only during the hours the retail license holder is open for in-store purchases.
(i) An individual delivering alcoholic beverages under a local delivery service permit shall:
- (1) be at least 21 years old; and
- (2) have successfully completed an approved alcohol awareness program under § 4-505 of this title.
(j) A local delivery service permit holder may not deliver alcoholic beverages to:
- (1) an individual who does not provide valid identification proving that the individual is at least 21 years old;
- (2) another premises licensed to sell alcoholic beverages; or
- (3) an individual located outside the jurisdiction where the retail license holder is located.
(k) A local delivery service permit holder is subject to the following penalties for violating this section:
- (1) for a first violation, a fine of $1,000;
- (2) for a second violation, a fine of $3,000 and a suspension of the local delivery service permit for 30 days;
- (3) for a third violation, a fine of $6,000 and a suspension of the local delivery service permit for 60 days; and
- (4) for any subsequent violation, revocation of the local delivery service permit.
(l) The holder of a local delivery service permit may not:
- (1) sell alcoholic beverages; or
- (2) store alcoholic beverages for delivery.
(m)
- (1) A person shall apply to the local licensing board for a local delivery service permit before contracting to deliver alcoholic beverages for a retail license holder.
- (2) If a retail license holder contracts with a local delivery service permit holder to deliver alcoholic beverages, the retail license holder and the local delivery service permit holder shall establish a method to ensure that the retail license holder retains control over sales to and payments made from a purchaser for the alcoholic beverages.
- (n) The Executive Director may adopt regulations to enforce this section.
Added by Acts 2024, c. 774, § 1, eff. July 1, 2024; Acts 2024, c. 775, § 1, eff. July 1, 2024.