(a) There is a Class B–DD (Development District) 7–day beer, wine, and liquor license.
(b) (1) The Board may issue the license for use in a restaurant in any single area designated in § 26–1614 of this subtitle.
(2) Except as provided in paragraph (3) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.
(3) (i) Notwithstanding any other provision of this title, for each area designated in § 26–1614 of this subtitle that is not located inside the Capital Beltway, the Board may issue the license with an off–sale privilege for use in one restaurant in the area if:
1. the restaurant has at least 100 permanent seats;
2. the combined area of the kitchen, bar, and dining area of the restaurant, including permanent year–round outdoor seating, is greater than 3,500 square feet;
3. the restaurant is located at least 1 mile away from any other establishment that holds a Class A beer, wine, and liquor license or a Class B–Plus beer, wine, and liquor license that is exercising its off–sale privileges;
4. the restaurant has a minimum capital investment of more than $1,000,000, excluding the costs of the land, building, or lease;
5. the individual applicants holding a combined ownership interest of at least 75% in the restaurant have operated a restaurant in the county that has held an alcoholic beverages license under this title for at least 7 years prior to the filing of an application for a license under this section;
6. the restaurant is open at least 5 days per week and serves lunch and dinner at least five times per week; and
7. the restaurant does not hold an ownership interest in more than two restaurants that hold a license under this section with an off–sale privilege.
(ii) A holder of a license under this section with an off–sale privilege shall maintain “off–sale” shelves or counters in an area of the licensed premises that is:
1. partitioned or otherwise separated from the main bar and the usual serving area for on–premises consumption; and
2. contiguous to the restaurant.
(iii) The portion of the restaurant dedicated to the sale of alcoholic beverages for off–premises consumption may not:
1. be considered when calculating the square footage of the restaurant under subparagraph (i)2 of this paragraph; and
2. be greater than 3,500 square feet.
(iv) Off–sale privileges under the license authorize the license holder to sell beer, wine, and liquor for off–premises consumption on Monday through Sunday, from 9:00 a.m. to 10:00 p.m.
(c) (1) An applicant for a license for a restaurant in a single area described in § 26–1614 of this subtitle is not eligible for a Class B–DD license unless:
(i) the restaurant meets all of the requirements set out in paragraph (2) of this subsection; and
(ii) the average daily receipts of the restaurant from the sale of food and nonalcoholic beverages exceed the average daily receipts of the restaurant from the sale of alcoholic beverages for on–premises consumption only.
(2) A restaurant shall:
(i) be located in a permanent building with sufficient space and accommodations for preparing, serving, and selling hot meals to the public during the restaurant’s hours of operation;
(ii) have the minimum sanitary facilities required by the county health department regulations;
(iii) meet the minimum health requirements adopted by the county health department regulations;
(iv) have a dining area with sufficient tables, chairs, or booths to comfortably seat and accommodate the public;
(v) be equipped with a kitchen that has complete facilities and utensils for preparing hot and cold meals for the public;
(vi) employ a sufficient number of cooks and wait staff to serve the public using the dining area;
(vii) maintain and display a menu that advertises the serving of a variety of hot meals; and
(viii) maintain sufficient food on the premises at all times to fill an order made from the menu.
(3) The Board may revoke a license to enforce this subsection.
(4) The license holder shall submit to the Board a monthly report of the restaurant’s average daily receipts from the sale of food and nonalcoholic beverages and the restaurant’s average daily receipts from the sale of alcoholic beverages to verify that the restaurant has met the requirements of paragraph (1) of this subsection.
(d) (1) Except as provided in paragraph (2) of this subsection, the Board shall determine:
(i) the number of licenses to be issued;
(ii) to whom the licenses may be issued; and
(iii) the number of licenses each recipient may hold.
(2) The Board may not issue the license for use by a restaurant in a single area described in § 26–1614 of this subtitle if the applicant is the license holder of three Class B–DD licenses.
(e) (1) A license holder may hold a Class B–DD license in addition to any other license issued under this article.
(2) Subject to paragraph (3) of this subsection, for each Class B–DD license a person is issued, the person may obtain one other Class B license located anywhere in the county if all requirements for the Class B license are met.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, a Class B license that is issued for use in a restaurant in a development district under § 26–1614 of this subtitle to a holder of a Class B–DD license remains in effect only as long as the restaurant in the development district remains open for business as a restaurant.
(ii) If a restaurant in the development district is closed for not more than 6 months, the Class B license shall remain in effect.
(f) The Board may approve the transfer of the ownership of a license for use at the same location but not for use at a different location.
(g) The Board may not issue the license for use by a restaurant in a chain store, supermarket, discount house, drug store, or convenience store.
(h) (1) Except as provided in paragraph (2) of this subsection, the annual license fee is $3,025.
(2) The annual license fee for a license with an off–sale privilege issued under subsection (c)(3) of this section is $5,000.