§ 26-1618

Maryland § 26-1618

• Jurisdiction: Maryland
• Article gab: Alcoholic Beverages and Cannabis
• Title: 26

Text

(a) This section does not apply to a restaurant located in a chain store, supermarket, discount house, drug store, or convenience store.

(b) In accordance with the license quota limitations under § 26–1601 of this subtitle, the Board may issue or transfer a Class B beer (on–sale) license or Class B beer and wine (on–sale) license for use by:

(1) a franchisee who operates a restaurant under a franchise agreement with a franchisor; or

(2) a person who operates a restaurant under a business licensing agreement that:

(i) is made with a licensor; and

(ii) authorizes a person, in the operation of a restaurant, to use a trademark, trade name, or other identifying symbol owned by a licensor.

(c) The Board may issue or transfer a license under subsection (b) of this section regardless of whether a Class B beer (on–sale) license or Class B beer and wine (on–sale) license has been issued or transferred for use by:

(1) another franchisee operating a restaurant under a franchise agreement with the same franchisor; or

(2) another person operating a restaurant under a business licensing agreement with the same licensor.

(d) A licensor or franchisor:

(1) is prohibited from having an ownership interest in an entity that receives a Class B beer (on–sale) license or Class B beer and wine (on–sale) license under this section; but

(2) under a business licensing agreement or franchise agreement, may be paid a fee that is based on a percentage of revenue by a person that receives a Class B beer (on–sale) license or Class B beer and wine (on–sale) license.