§ 4-1107

Maryland § 4-1107

• Jurisdiction: Maryland
• Article gab: Alcoholic Beverages and Cannabis
• Title: 4

Text

(a) This section applies only in a jurisdiction where the local licensing board has adopted regulations to authorize the delivery of alcoholic beverages by a third–party contractor, an independent contractor, or an agent.

(b) A local licensing board may issue a local delivery service permit.

(c) The permit authorizes the holder to deliver alcoholic beverages from a retail license holder authorized to deliver alcoholic beverages under § 4–507 of this title to an individual in the jurisdiction where the retail license holder is located.

(d) A local licensing board may set by regulation:

(1) the application requirements for the local delivery service permit; and

(2) additional requirements for holders of the local delivery service permit who deliver alcoholic beverages on behalf of a retail license holder.

(e) (1) The local licensing board may charge a fee for the local delivery service permit.

(2) The annual fee for the local delivery service permit is $1,000.

(f) A local delivery service permit holder may:

(1) use the delivery service’s employees or independent contractors who are at least 21 years old to deliver alcoholic beverages; and

(2) facilitate orders for the sale and delivery of alcoholic beverages by telephone, Internet, or other electronic means.

(g) The purchaser or receiver of alcoholic beverages under this section shall:

(1) be at least 21 years old; and

(2) provide valid identification as proof of age on receipt of the alcoholic beverages.

(h) Alcoholic beverages sold for off–premises delivery under this section shall be:

(1) provided in the manufacturer’s original sealed container; and

(2) sold only during the hours the retail license holder is open for in–store purchases.

(i) An individual delivering alcoholic beverages under a local delivery service permit shall:

(1) be at least 21 years old; and

(2) have successfully completed an approved alcohol awareness program under § 4–505 of this title.

(j) A local delivery service permit holder may not deliver alcoholic beverages to:

(1) an individual who does not provide valid identification proving that the individual is at least 21 years old;

(2) another premises licensed to sell alcoholic beverages; or

(3) an individual located outside the jurisdiction where the retail license holder is located.

(k) A local delivery service permit holder is subject to the following penalties for violating this section:

(1) for a first violation, a fine of $1,000;

(2) for a second violation, a fine of $3,000 and a suspension of the local delivery service permit for 30 days;

(3) for a third violation, a fine of $6,000 and a suspension of the local delivery service permit for 60 days; and

(4) for any subsequent violation, revocation of the local delivery service permit.

(l) The holder of a local delivery service permit may not:

(1) sell alcoholic beverages; or

(2) store alcoholic beverages for delivery.

(m) (1) A person shall apply to the local licensing board for a local delivery service permit before contracting to deliver alcoholic beverages for a retail license holder.

(2) If a retail license holder contracts with a local delivery service permit holder to deliver alcoholic beverages, the retail license holder and the local delivery service permit holder shall establish a method to ensure that the retail license holder retains control over sales to and payments made from a purchaser for the alcoholic beverages.

(n) The Executive Director may adopt regulations to enforce this section.