§ 31-1601

(a) In this section, “population ratio quota” means one license for every 3,000 individuals residing in the election district where the license will be issued:

(1) as determined by the last federal population census; but

(2) excluding individuals detained or confined in a correctional facility as defined in § 1–101 of the Correctional Services Article.

(b) Except as provided in subsections (c) and (d) of this section, the Board may not issue a Class A off–sale license, a Class B on– and off–sale license, or a Class D on– and off–sale license in an election district if the number of licenses exceeds the population ratio quota.

(c) The Board may:

(1) issue a Class A off–sale license, a Class B on– and off–sale license, or a Class D on– and off–sale license if the Board:

(i) determines that there is a public need and desire, including government–sanctioned economic revitalization; and

(ii) states in the order issuing the license the reasons for its decision to exceed the population ratio quota; or

(2) renew the license or approve the transfer of a license for the same premises.

(d) The Board may issue an on–sale license to a restaurant that:

(1) is located in a permanent building;

(2) regularly sells and serves food to the public;

(3) has a seating capacity of at least 50 persons; and

(4) has annual gross sales of food and nonalcoholic beverages that exceed its annual gross sales of alcoholic beverages.