Md. Code Ann., Alc. Bev. & Cannabis § 25-310
Dispensaries
Effective Jul 1, 2019Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2017, c. 127, § 1, eff. April 11, 2017; Acts 2017, c. 442, § 1, eff. July 1, 2017; Acts 2018, c. 11, § 1, eff. April 5, 2018; Acts 2018, c. 125, § 1, eff. July 1, 2018; Acts 2019, c. 624, § 1, eff. July 1, 2019; Acts 2019, c. 673, § 1, eff. July 1, 2019.State of Maryland
- (a) With the approval of the County Executive, the Director may establish a dispensary at one or more locations that the Director determines.
(b)
(1) The Services may sell its inventory through:
- (i) dispensaries selling at wholesale and retail; and
- (ii) subject to subsection (c) of this section, retail outlets operated by individuals with whom the Services contracts.
- (2) Notwithstanding any other law, the Director may sell at wholesale or retail alcoholic beverages in whole cases or in individual bottles through dispensaries to a license holder in the county.
- (3) The Services may not sell alcoholic beverages at different prices to different license holders or classes of license holders.
(c)
(1) The Director may not contract with a person to operate:
- (i) a dispensary; or
- (ii) except as provided in paragraph (2) of this subsection, a retail outlet for the sale of beer, wine, and liquor.
- (2) The Director may enter into a contract with a person to operate a retail outlet for the sale of liquor for off-premises consumption if the person holds any license for off-premises consumption or for on- and off-premises consumption.
- (3) The Services shall establish criteria for contracting with retail outlets.
(d)
(1)
- (i) In this subsection the following words have the meanings indicated.
- (ii) “Beer” includes draft beer in refillable and nonrefillable containers.
- (iii) “Wine” includes wine in refillable containers.
(2) A dispensary:
(i) may sell only:
- 1. except as provided for in subsection (e) of this section, for off-premises consumption, nonchilled beer, wine, and liquor;
- 2. ice;
- 3. bottled water; and
- 4. items commonly associated with the serving or consumption of alcoholic beverages, including bottle openers, corkscrews, drink mixes, and lime juice; and
- (ii) may not sell snack foods or soft drinks.
(e)
(1) A dispensary may sell any product in the dispensary's inventory for the purpose of:
- (i) holding tastings of beer, wine, and liquor on the premises of the dispensary only;
- (ii) serving, for tasting, beer, wine, and liquor; and
(iii) allowing the consumption of beer, wine, and liquor by an individual for tasting in a quantity of not more than:
- 1. one-half ounce from each offering of liquor;
- 2. 1.5 ounces from all offerings of liquor in a day;
- 3. 1 ounce from each offering of wine;
- 4. 4 ounces from all offerings of wine in a day;
- 5. 3 ounces from each offering of beer; and
- 6. 12 ounces from all offerings of beer in a day.
- (2) Once opened, a bottle used for beer, wine, or liquor tasting shall be marked that it is to be used for that purpose only.
(3) A dispensary may sell chilled beer or chilled wine for off-premises consumption only from a keg for the purpose of filling:
- (i) for beer, a refillable container or a nonrefillable container; and
- (ii) for wine, a refillable container.
- (f) The Services may sell or deliver alcoholic beverages to a retail license holder from 6 a.m. to midnight on every day except Sunday.
(g) A manager of a dispensary, an individual who contracts to operate a retail outlet as authorized under subsection (c) of this section, or an employee of a dispensary or retail outlet who commits a prohibited act related to the sale or providing of alcoholic beverages to individuals under the age of 21 years under this article or the Criminal Law Article is subject to:
- (1) any penalty authorized by law, including a civil citation issued under § 10-119 of the Criminal Law Article; and
- (2) a fine and suspension or revocation of employment by the Board in the same manner as a license holder or employee of a license holder would be subject to a fine and suspension or revocation of the license for the violation.
- (h) Title 4, Subtitle 2 of this article does not apply to this section.
Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2017, c. 127, § 1, eff. April 11, 2017; Acts 2017, c. 442, § 1, eff. July 1, 2017; Acts 2018, c. 11, § 1, eff. April 5, 2018; Acts 2018, c. 125, § 1, eff. July 1, 2018; Acts 2019, c. 624, § 1, eff. July 1, 2019; Acts 2019, c. 673, § 1, eff. July 1, 2019.