§ 12-1604

(a) This section applies only to the 46th alcoholic beverages district, which at all times is coterminous with the 46th legislative district in the Legislative Districting Plan of 2022.

(b) Except as provided in subsections (c), (d), (i), and (j) of this section, the Board may not issue a new license in the 46th alcoholic beverages district.

(c) (1) The Board may issue:

(i) a 1–day license; and

(ii) except as provided in paragraph (2) of this subsection, and subject to paragraphs (3) and (4) of this subsection, a Class B beer, wine, and liquor license for use by a restaurant if the average daily receipts from the sale of food are at least 51% of the total daily receipts of the restaurant.

(2) The Board may issue a Class B beer, wine, and liquor license:

(i) for a restaurant in ward 26, precinct 8, ward 4, precinct 1, or ward 3, precinct 3 that has:

1. seating for more than 150 individuals;

2. a minimum capital investment of $700,000; and

3. subject to paragraph (3) of this subsection, average daily receipts from the sale of food that are at least 65% of the total daily receipts of the restaurant;

(ii) for a restaurant in ward 4, precinct 1, or ward 22, precinct 1, if the restaurant has:

1. seating for more than 75 individuals;

2. a minimum capital investment of $700,000;

3. average daily receipts from the sale of food that are at least 65% of the total daily receipts of the restaurant; and

4. except as provided in paragraph (5) of this subsection, no sales for off–premises consumption;

(iii) for not more than three restaurants in a residential planned unit development for Silo Point as approved by the Mayor and City Council of Baltimore City in Ordinance 04–697 on June 23, 2004, if each restaurant has:

1. a minimum capital investment of $700,000;

2. seating for more than 75 individuals;

3. average daily receipts from the sale of food that are at least 65% of the total daily receipts of the restaurant; and

4. except as provided in paragraph (6) of this subsection, no sales for off–premises consumption;

(iv) for not more than three restaurants in a business planned unit development in ward 24, precinct 5, if each restaurant:

1. has a minimum capital investment of $700,000;

2. has seating for more than 75 individuals, but not more than 150 individuals;

3. has average daily receipts from the sale of food that are at least 51% of the total daily receipts of the restaurant; and

4. except as provided in paragraph (6) of this subsection, may not sell for off–premises consumption;

(v) for a restaurant in the area that is commonly known as Port Covington, bounded on the north by Interstate 95, on the east by the South Locust Point Terminal, and on the south and west by the Patapsco River, and that has:

1. seating for more than 150 individuals;

2. a minimum capital investment of $700,000; and

3. subject to paragraph (3) of this subsection, average daily receipts from the sale of food that are at least 60% of the total daily receipts of the restaurant;

(vi) for a restaurant in Unit G of 3700 Toone Street in ward 26, precinct 8, if the restaurant has:

1. seating for at least 75 individuals;

2. a minimum capital investment of $700,000;

3. average daily receipts for the sale of food that are at least 65% of the total daily receipts of the restaurant; and

4. executed a memorandum of understanding with Brewer’s Hill Neighbors, Inc.; and

(vii) for a restaurant in the area bounded on the north by Eastern Avenue, on the east by South Duncan Street, on the south by Fleet Street, and on the west by South Chester Street, if the restaurant has:

1. a physical duckpin bowling alley; and

2. a minimum capital investment of $500,000, excluding residential improvements.

(3) When a license is renewed, the license holder shall file with the Board a statement of average daily receipts and an affidavit of a licensed certified public accountant that verify that the license holder has met the requirement under paragraph (1)(ii) or (2)(i)3 or (v)3 of this subsection.

(4) (i) A license may not be issued under paragraph (1)(ii) of this subsection for use in an establishment that is a fast–food–style restaurant.

(ii) A license issued under paragraph (1)(ii) of this subsection may not be transferred from the location of its first issuance.

(5) The Board may issue a Class B beer, wine, and liquor license for a restaurant in ward 21, precinct 4:

(i) in the 1400 block of Warner Street that has:

1. seating for more than 150 individuals;

2. average daily receipts from the sale of food that are at least 40% of the total daily receipts of the restaurant; and

3. no sales for off–premises consumption; and

(ii) in the 1300 block of Warner Street that has:

1. average daily receipts from the sale of food that are at least 40% of the total daily receipts of the restaurant, unless the license holder offers food truck options on the licensed premises, in which case the average daily receipts from the sale of food may be at least 20% of the total daily receipts of the restaurant; and

2. no sales for off–premises consumption.

(6) A license specified under this subsection, including a license that does not allow sales for off–premises consumption, may include an off–sale privilege for sales of refillable containers under a refillable container license issued in accordance with § 12–1102 of this title.

(7) A license issued under paragraph (2)(vii) of this subsection:

(i) is not required to have a minimum amount of seating for patrons or a minimum amount of food sales to maintain licensure; and

(ii) may not be transferred from the location of its first issuance.

(d) (1) The Board may issue a Class D beer, wine, and liquor license to an applicant who holds or has applied for a Class 9 limited distillery license.

(2) A Class D beer, wine, and liquor license issued under this subsection may be transferred only to a holder of a Class 9 limited distillery license.

(3) Notwithstanding any restrictions or requirements in this title, a holder of a Class 9 limited distillery license who also holds a Class D (6–day) beer, wine, and liquor license and is located on the 4200 block of East Pratt Street may apply to the Board to convert the existing Class D (6–day) beer, wine, and liquor license into a Class D (7–day) beer, wine, and liquor license.

(e) The Board may issue:

(1) a Class C beer, wine, and liquor license in the 200 block of Holliday Street in ward 3, precinct 3;

(2) a Class C beer, wine, and liquor license in the 200 block of South Central Avenue in ward 3, precinct 3; and

(3) subject to subsection (f) of this section, a Class D beer license for the area in ward 24, precinct 5 that is bounded by East Fort Avenue on the north, the CSX access way on the east, East McComas Street on the south, and Whetstone Way on the west.

(f) A Class D beer license may be transferred into the area specified under subsection (e)(3) of this section if originally issued for another area.

(g) (1) Notwithstanding subsection (c)(1) and (2) of this section, the Board may not issue a Class B beer, wine, and liquor restaurant license in:

(i) the area covered by the Key Highway East Industrial Area Urban Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance 986 on June 29, 1987;

(ii) the area covered by the Key Highway Urban Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance 622 on March 12, 1986;

(iii) 1. except as provided in paragraph (2) of this subsection, ward 1, precinct 4 or 5;

2. ward 23, precinct 1; and

3. ward 24, precinct 5; and

(iv) the area known as Pen Lucy, ward 9, precincts 1 and 2.

(2) (i) The Board may issue one Class B beer, wine, and liquor license for a restaurant in ward 1, precinct 4, in the 2700 block of Boston Street that has:

1. seating for more than 75 individuals;

2. average daily receipts from the sale of food that are at least 51% of the total daily receipts of the restaurant;

3. a minimum capital investment of at least $700,000 for restaurant facilities; and

4. executed a memorandum of understanding with the Canton Community Association.

(ii) The license described in this paragraph may not:

1. except for delivery to a vessel docked at an adjacent marina, be used for off–premises sales; or

2. be transferred from the location of its original issuance.

(h) (1) Except as provided in paragraphs (2) and (3) of this subsection, the Board may not issue a license for:

(i) ward 1, precincts 4 and 5;

(ii) ward 23, precinct 1; or

(iii) ward 24, precinct 5.

(2) (i) The Board may issue not more than a combined total of five Class B beer, wine, and liquor licenses for use by establishments on the north side of the 900 block of East Fort Avenue and on the west side of the 1400 block of Lawrence Street.

(ii) A license issued for an establishment in these areas may not be transferred to another establishment.

(3) The Board may issue not more than one Class B–HM (hotel–motel) beer, wine, and liquor license to a hotel in the 1200 block of East Fort Avenue.

(i) The Board may issue a Class D beer and light wine license for an establishment in ward 26, precinct 8 on the west side of the 1200 block of South Haven Street that has executed a memorandum of understanding with Brewer’s Hill Neighbors, Inc.

(j) (1) In the area bounded on the north by Interstate 95, on the east by the South Locust Point Terminal, and on the south and west by the Patapsco River, the Board may issue not more than:

(i) a total of 10 new Class B–D–7 licenses; and

(ii) a total of 2 new Class A–7 licenses.

(2) Any license issued under this subsection may not be transferred outside the bounded area as defined under paragraph (1) of this subsection.

(3) The Board may not authorize the transfer of a license into the bounded area as defined under paragraph (1) of this subsection.