Class B licenses

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    (a)    The Board may allow a person to obtain a direct or indirect interest in:

        (1)    in addition to one or more licenses issued in another jurisdiction or state, not more than 12 Class B (on–sale –– hotels and restaurants) beer, wine, and liquor licenses; or

        (2)    if one of the restaurants for which a license is issued is located in the Liberty Road Commercial Revitalization District as defined by the County Council on October 18, 1999, not more than 13 Class B (on–sale –– hotels and restaurants) beer, wine, and liquor licenses.

    (b)    A restaurant described in subsection (a) of this section shall:

        (1)    meet the requirements of the regulations of the Board regarding the availability and issuance of licenses;

        (2)    meet the definition requirements of “restaurant” established under the regulations of the Board;

        (3)    have not more than 49% of sales in alcoholic beverages in connection with the business; and

        (4)    for a second or subsequent license, have a minimum capital investment of $250,000 for restaurant facilities.

    (c)    An indirect interest is presumed to exist between two persons, if the persons:

        (1)    have a common parent company;

        (2)    are parties to a franchise agreement, licensing agreement, or concession agreement;

        (3)    are part of a chain of businesses that is commonly owned and operated;

        (4)    share a director, stockholder, partner, or member;

        (5)    share a director, stockholder, partner, or member of a parent or subsidiary;

        (6)    share, directly or indirectly, profit from the sale of alcoholic beverages; or

        (7)    share a trade name, trademark, logo or theme, or mode of operation identifiable by the public.

    (d)    A second or subsequent license described in subsection (a) of this section does not confer an off–sale privilege.


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