Park v. Board of Liquor License Commissioners

658 A.2d 687, 338 Md. 366, 1995 Md. LEXIS 60
CourtCourt of Appeals of Maryland
DecidedMay 26, 1995
DocketNo. 106
StatusPublished
Cited by10 cases

This text of 658 A.2d 687 (Park v. Board of Liquor License Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Park v. Board of Liquor License Commissioners, 658 A.2d 687, 338 Md. 366, 1995 Md. LEXIS 60 (Md. 1995).

Opinion

KARWACKI, Judge.

The central issue which we shall resolve in this case is whether a provision dealing with zoning in Baltimore City enacted as part of Chapter 24 of the Acts of 1992 was a public local law within the meaning of Art. XI-A, § 4 of the Maryland Constitution and therefore exclusively delegated to the legislative authority of the Mayor and City Council of Baltimore.

I

Petitioners are individuals who operate their businesses pursuant to a Class B-D-7 beer, wine, and liquor license issued' by the Board of Liquor License Commissioners for Baltimore City (“the Board”). Under a B-D-7 license, retail sale of beer, wine, and liquor was permitted for consumption on the premises or elsewhere from 6 a.m. until 2 a.m. seven days a week. Many of these businessmen operate a seven-day [370]*370package goods store with no on-premises consumption facilities. Under Chapter 24 of the Acts of Maryland 1992 (“Chapter 24”), all B-D-7 licensees are required either to add on-premises consumption facilities to their operations or to obtain a Class A-2 license, newly created by Chapter 24. A Class A-2 licensee is restricted to retail sale of beer, wine, and liquor for off-premises consumption between 9 a.m. and midnight Monday through Saturday. Appellants challenge that provision of Chapter 24, codified as § 18A of Maryland Code (1957, 1990 Repl.Vol., 1993 Cum.Supp.), Article 2B,1 which provides that a business operation conducted under an A-2 license shall be considered a tavern for zoning purposes.

Article 2B encompasses the regulatory scheme in Maryland for the sale of alcoholic beverages. Prior to the enactment of Ch. 197 of the Acts of 1965, the Board was authorized to issue eight classes of liquor licenses. Class A licenses were for six-day package goods stores with no on-premises consumption. Class B licenses permitted seven-day sales at restaurants with ancillary package goods sales, provided that the gross receipts of such restaurants were comprised of a minimum percentage of food' sales. Class C licenses were for non-profit clubs. Class D licenses covered six-day taverns with on and off-premises consumption. Special Amusement licenses encompassed operations with live entertainment. Sales on steamboats, railroads and airplanes required Class E, F and G licenses, respectively. Thus, prior to 1965, there was no provision for a license authorizing a seven-day dispensary making sales only for off-premises consumption.

The Class B-D-7 liquor license was originally authorized by Ch. 197 of the Acts of 1965, codified as Article 2B, § 29A. As noted above, restaurants issued a Class B license were required to have a minimum percentage of food sales. Section 29A eliminated the food sales requirement and was designed to alleviate a problem for certain restaurant owners who were finding it increasingly difficult to meet the food sales quota. [371]*371Md.Code (1957, 1990 Repl.Vol.), § 29A(1) provides, in pertinent part:

“The Board ... may authorize the issuance of an additional license, to be known as a Class B-D-7 beer, wine and liquor license. Such special license shall authorize the holder thereof to keep for sale and sell all alcoholic beverages at retail at the place therein described, for consumption on the premises or elsewhere, during the hours from 6 o’clock a.m. to 2 o’clock a.m. on the day following, seven days per week.” (emphasis added).

Two principal types of establishments conducted business under the Class B-D-7 license. Some maintained a separate package goods store, department, or section, with a full service bar available elsewhere on the premises. Others operated solely as a seven-day package goods store with no facilities for on-premises consumption. In its floor report, the House Economic Matters Committee, which had considered Senate Bill 346 proposing what ultimately was enacted as Chapter 24, explained the evolution of the B-D-7 package goods stores:

“During the hearing on Senate Bill 346, witnesses explained that, after the turmoil of the 1968 riots that occurred in Baltimore City neighborhoods, some taverns closed off their bar areas and began to sell for off-premises consumption only. Subsequent owners continued that practice and began to sell grocery items as well. Package goods licensees complain that these B-D-7 licensees have an unfair advantage because they are permitted to be open for longer hours than other package goods stores. Community associations complain because the B-D-7 licensees attract customers who drink on the street corners during the long hours the stores are open.”

Based on a survey it conducted, the Board determined that 40 of the 178 B-D-7 licensees had no facilities for on-premises consumption and were operating solely as seven-day package goods stores. They were thus operated as if they held a Class A license, but for seven rather than for six days per week and [372]*372for longer hours.2 Much opposition was waged against those businesses which operated solely as package goods stores, and the Board received numerous complaints, including reports of loitering, public urination, littering, and disorderly conduct in the area surrounding those establishments. The Board thereafter decided to eliminate the off-premises seven-day B-D-7 operations.

Prior to taking any action, however, the Board sought an opinion from the Attorney General. Analyzing the language in § 29A which authorized the sale of alcoholic beverages “for consumption on the premises or elsewhere,” the Attorney General advised that the statute was ambiguous and, in the absence of corrective legislation or regulation, the Board could not limit a B-D-7 licensee to any particular minimum level of on-premises operation. 76 Op.Att’y Gen. 101 (1991). In the opinion of the Attorney General, the Legislature had used “or” as a careless substitute for “and.” Id. at 104. Consequently, the Board proposed corrective legislation to the General Assembly which, inter alia, changed the troublesome “or” to an “and.”

The Board’s plan was composed of three parts. The first component was legislation to be passed by the General Assembly which would provide the statutory framework for the onetime conversion of a Class B-D-7 license to a new six-day Class A-2 license. The second component consisted of Board regulations to be adopted to implement the statutory changes. The final component was the modification of the zoning laws of Baltimore City to permit the one-time conversion from a B-D-7 to an A-2 license. This third stage was a key element of the plan and called for an amendment to the Zoning Ordinance to be enacted by the Baltimore City Council.3

[373]*373Bills were simultaneously drafted for introduction in the Legislature and the Baltimore City Council. By March of 1992, the City Council Bill still had not been introduced, and the Senate Economic and Environmental Affairs Committee amended the Senate Bill to add subsection (h) to the proposed § 18A.. Subsection (h) provided:

“Notwithstanding the provisions of § 43[4] of this Article, for purposes of zoning in Baltimore City, the operation conducted by a holder of a Class A-2 beer, wine and liquor off-sale package goods license shall be considered to be that of a tavern.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Syed v. State
Court of Special Appeals of Maryland, 2018
Viles v. Board of Municipal and Zoning Appeals
148 A.3d 358 (Court of Special Appeals of Maryland, 2016)
Anne Arundel County v. Bell
113 A.3d 639 (Court of Appeals of Maryland, 2015)
Tepeyac v. Montgomery County
779 F. Supp. 2d 456 (D. Maryland, 2011)
Getty v. Carroll County Board of Elections
926 A.2d 216 (Court of Appeals of Maryland, 2007)
Piscatelli v. Board of Liquor License Commissioners
837 A.2d 931 (Court of Appeals of Maryland, 2003)
Tyma v. Montgomery County
801 A.2d 148 (Court of Appeals of Maryland, 2002)
(2000)
85 Op. Att'y Gen. 120 (Maryland Attorney General Reports, 2000)
Bell Atlantic-Maryland, Inc. v. Prince George's County
49 F. Supp. 2d 805 (D. Maryland, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
658 A.2d 687, 338 Md. 366, 1995 Md. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-v-board-of-liquor-license-commissioners-md-1995.