1. (a) There is a gift basket permit.

2. (b)

   1. (1) The Board may issue the permit to a person:

      1. (i) whose primary business is the sale and delivery of flowers;
      2. (ii) whose business includes the sale and delivery of gift baskets of flowers, food, or other items; and
      3. (iii) who does not hold any other alcoholic beverages license or permit under this article.
   2. (2) The Board may not issue the permit for use in conjunction with or on the premises of a chain store, supermarket, or discount house.

3. (c) A holder of the permit:

   1. (1) may sell and deliver, to consumers of a legal drinking age located in the county, gift baskets containing:

      1. (i) not more than 72 ounces of beer;
      2. (ii) not more than 2.25 liters of wine; or
      3. (iii) not more than 2.25 liters of liquor;
   2. (2) shall maintain records and submit reports as required by the Board; and
   3. (3) is subject to the alcohol awareness training requirements under § 4-505 of this article.

4. (d)

   1. (1) Subject to paragraph (2) of this subsection, the permit holder or an employee of the permit holder shall:

      1. (i) deliver the gift basket containing alcoholic beverages; and
      2. (ii) require the person receiving a delivery of a gift basket containing alcoholic beverages to display proof that the person is at least 21 years old.
   2. (2) An individual who delivers a gift basket containing alcoholic beverages shall be at least 21 years old.
5. (e) The holder's annual sales from alcoholic beverages may not exceed 10% of the holder's annual gross sales.
6. (f) The alcoholic beverages contained in a gift basket shall be purchased from a retail license holder.
7. (g) The Board shall adopt regulations to carry out this section.
8. (h) The fee for a gift basket permit is $100.

Added by Acts 2021, c. 539, § 1, eff. July 1, 2021; Acts 2021, c. 540, § 1, eff. July 1, 2021.