1. A. Definitions. In this regulation, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) ADA means the certain law commonly known as the Americans with Disabilities Act of 1990, as amended.
   2. (2) “ADA retailer compliance form” means a form prepared by the Agency and used to inspect a retailer’s location in connection with this regulation to ensure player accessibility to a retailer.
   3. (3) “Applicant” means a person that applies for a new retailer license or a change of ownership of a retailer.
   4. (4) “Corrective Action Plan” means a plan that an applicant is required to submit to the Agency describing how the applicant will modify its premises to comply with applicable State and federal law regarding accessible business establishments.
   5. (5) “Disability” has the meaning stated in the ADA.

3. C. Compliance.

   1. (1) The Agency shall:

      1. (a) Inspect the site of an applicant for compliance with the ADA for player accessibility;
      2. (b) If necessary, require an applicant whose business establishment is not accessible to submit a proposed Corrective Action Plan before the Director issues a retailer license; and
      3. (c) Require a new retailer or change of ownership to certify in the retailer application that their business establishment at issue in the application is accessible to individuals with disabilities who use wheelchairs.
   2. (2) The Agency may impose a sanction or take an action on a license for failing to comply with this regulation.

4. D. Waivers.

   1. (1) A retailer that is unable to comply with §C of this regulation, shall obtain an official waiver from the State to maintain a non-accessible business establishment; or
   2. (2) If the State no longer provides official waivers under §D(1) of this regulation, a retailer may obtain an official waiver from its local jurisdiction.

Authority: Criminal Law Article, §12-301.1; State Government Article, §§9-103, 9-104, 9-109—9-113, 9-115, 9-117, 9-118, 9-119, 9-122, 9-124, and 9-125, Annotated Code of Maryland; Ch. 603, §6, Acts of 2012

Effective date: May 13, 2013 (40:9 Md. R. 790)

Regulation .02C amended effective January 7, 2016 (42:26 Md. R. 1597)

Chapter revised effective January 14, 2019 (46:1 Md. R. 13)

Chapter revised effective December 2, 2019 (46:24 Md. R. 1104)

Regulation .02 amended effective September 21, 2020 (47:19 Md. R. 850)

Regulation .12 amended effective March 9, 2020 (47:5 Md. R. 313)

Chapter revised effective May 26, 2025 (52:10 Md. R. 439)