(a) This section applies to an establishment:
(1) for which the Board has not issued a license;
(2) that is subject to any other license issued by the State or county; and
(3) that is:
(i) a restaurant, hotel, club, room, dance studio, or disco;
(ii) a place of adult entertainment that allows any form of sexual display or attire prohibited under § 4–605 of this article; or
(iii) any other place open to the public.
(b) A person, including an owner or operator of an establishment may not:
(1) serve, keep, or allow to be consumed by a customer, alcoholic beverages:
(i) from supplies that the customer purchased, reserved, or otherwise brought to the establishment; or
(ii) from supplies purchased or otherwise brought to the establishment by the owner or operator of the establishment or an agent of the owner or operator; or
(2) (i) serve setups, including drinking containers and ice; or
(ii) serve, keep, or allow to be consumed other component parts of mixed alcoholic drinks.
(c) (1) The Board or an inspector of the Board may order that an establishment be closed immediately if the Board or the inspector determines that the public health, safety, or welfare requires emergency action.
(2) If an immediate closure is ordered, the Board or the inspector who ordered the closure shall give the owner or operator of the establishment:
(i) written notice of and the reasons for the closure; and
(ii) written notice of a hearing on the closure at which the owner or operator may be heard and present evidence.
(3) The Board shall hold the hearing within 3 business days after the closure.
(4) (i) At the hearing, the Board shall determine whether the threat to the public health, safety, or welfare causing the closure continues to exist.
(ii) Subject to subparagraph (iii) of this paragraph, if the Board determines under subparagraph (i) of this paragraph that the threat continues, the Board may:
1. order the permanent closure of the establishment; or
2. impose conditions under which the establishment may reopen.
(iii) The Board shall order the establishment to be permanently closed if:
1. the closure under paragraph (1) of this subsection for which the hearing is being held is the third closure in a 2–year period; and
2. the previous two closures under paragraph (1) of this subsection were not overturned by the Board or on judicial review.
(5) The Board shall issue a decision within 3 business days after a hearing is held under paragraph (4) of this subsection.
(6) An owner or operator who is aggrieved by a decision of the Board may petition for judicial review to a circuit court.
(d) The Board may impose a fine not exceeding $12,500 for each violation on a person who the Board finds has violated this section.
(e) In addition to any other penalty authorized by law, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
Structure Maryland Statutes