Montgomery County, MD - Board of Liquor License Commissioners

An application package with the appropriate filing fee is filed with this office, which results in a hearing date being scheduled. All applicants are required to attend the licensing hearing before the Board. The license is usually granted or denied the same day as the hearing, and the license issued as soon as the applicants have all the appropriate licenses required to do business in Montgomery County. The alcoholic beverage license is the last license issued. The licenses required are: State of Maryland tax license registration number; food service facility license, use and occupancy permit and an alcohol awareness certificate for a minimum of one applicant and/or employee.

DISTANCE REQUIREMENT:

A facility that is LESS THAN 300 FEET from an elementary or secondary school, church, library, or government sponsored youth center CANNOT APPLY FOR AN ALCOHOLIC BEVERAGE LICENSE. This distance requirement does not apply when the facility is located in a Central Business District Zone (CBD) or within 500 feet of a CBD zone, the Takoma Park Transit Impact Area, Rockville Town Center Performance District, or the Rockshire Planned Residential Unit Development Zone, AND IS FOR AN " ON PREMISES ONLY CONSUMPTION" LICENSE.
The Board of License Commissioners may within their discretion by UNANIMOUS decision, approve the application for any license to sell alcoholic beverages more than 300 feet but less than 750 feet from any elementary or secondary school, church, library, or government sponsored youth center.
Measurement of required distance shall be made from the nearest point of proposed establishment to the nearest point of any elementary or secondary school, church, library, or government sponsored youth center.

DRY DISTRICTS:

No license to sell alcoholic beverages can be authorized within the 12th election district (Damascus), and the towns of Barnesville, and Washington Grove.

FILING FEE:

Filing fee is $500 plus the criminal record check fee of $68 per applicant. This fee is NON-REFUNDABLE. Checks should be made payable to Montgomery County, Maryland.

CRIMINAL RECORD CHECK/FINGERPRINTS:

Each applicant must be fingerprinted and submit two (2) fingerprint cards. The fingerprint cards are part of the application packet provided to all applicants. The cards are for the FBI and State of Maryland record checks. Fingerprint locations are specified in the application packet.
A $68 fee must accompany each applicant's fingerprints which will pay for the processing costs charged by the F.B.I./State of Maryland/Montgomery County for a National Criminal Records Check. One check should be submitted when the application is filed which includes the filing fee and the fingerprint costs. (A separate check for the fingerprint charge is not necessary)

ALCOHOL AWARENESS:

Prior to the issuance of an alcoholic beverage license, a licensee or an employee designated by the licensee, must complete a State approved alcohol awareness course. A listing of some of the approved courses and telephone numbers is enclosed in this packet.

BEER, WINE & LIQUOR LICENSES:

Submit an Affidavit of Intent (NOTARIZED) signed by at least one of the applicants, stating that it is your intention to maintain a food/alcoholic beverage minimum ratio of 50% food to 50% alcoholic beverages. This affidavit is part of the application package.

CORPORATE APPLICATIONS:

Applicant must submit a STATE CERTIFIED COPY of the corporation's Articles of Incorporation (may be obtained from the Dept. of Assessments & Taxation in Baltimore).
Minutes of meeting electing the officers of the corporation.
At least one officer/applicant in the corporation must meet the two-year Montgomery County, Maryland residency requirement.
The officers of the corporation must apply as applicants UP TO AND INCLUDING THREE OFFICERS. If you have four or more officers, choose three officers to apply for the alcoholic beverage license.

LIMITED LIABILITY COMPANY:

Applicant must submit a STATE CERTIFIED COPY of the Articles of Organization (may be obtained from the Dept. of Assessments & Taxation in Baltimore).
Applicant must submit a copy of Articles of Organization, Operating Agreement, Resolution, etc. indicating that each applicant is an AUTHORIZED PERSON entitled to act on behalf of the LLC.
The license shall be applied for by and be issued to 3 of the authorized persons of the limited liability company, at least 1 of whom shall be a resident of Montgomery County, Maryland for the past 2 years. If there are less than three authorized persons of the LLC, all authorized persons shall make application.
An authorized person does not need to be a member of the LLC.

PARTNERSHIP:

The license shall be applied for and issued to at least 2 general partners as individuals, at least one of whom shall be a resident of Montgomery County, Maryland for the past 2 years. In there is only one general partner, the license shall be issued to that partner as an individual if that partner is a resident of Montgomery County, Maryland for the past 2 years.

AFFIDAVIT:

State and Local Tax Affidavit must be signed and notarized by at least one applicant. This Affidavit is part of the application package. The Affidavit states that the applicant will comply with all retail sales, withholding, and amusement tax obligations of the State of Maryland.

TRANSFER:

It is recommended that you IMMEDIATELY CONTACT the Maryland State Sales and Use Tax Division (410-767-1637) to determine if there are outstanding or delinquent retail sales, withholding, or amusement taxes owed by the current licensee. ALL SUCH TAXES MUST BE PAID PRIOR TO THE TRANSFER OF ANY LICENSE.
Transfer Affidavit (settlement information) signed by applicant and notarized. This affidavit is part of the transfer application package.
Bulk transfer papers must be submitted to the Alcohol & Tobacco Tax Division in Baltimore. The bulk transfer application is part of the transfer application package, and is for the transfer of alcoholic beverages to the new owner(s).
Transferee must obtain the signatures of ALL EXISTING LICENSEES on the transfer permission form in order to operate the facility under the existing license and until their license is granted/issued. This form is part of the transfer application package.

NON U.S. CITIZENS

Applicants ARE NOT REQUIRED TO BE U.S. CITIZENS, but must present a valid immigration card AT THE TIME OF APPLICATION.

RESTROOMS:

Facilities which will serve alcoholic beverages ON PREMISES must provide restrooms for each sex. The men's room must be equipped with a urinal in addition to a toilet and handsink. A unisex restroom is acceptable if it has been approved as meeting the requirements of a food service facility restroom by Health & Human Services.

HOTEL/RESTAURANT CLASSIFICATION:

Any license with a hotel/restaurant designation (title) must have at least 10 tables and seating for 40 patrons.

OUTSIDE EATING/DRINKING AREAS:

Any facility which proposes to have outside service of alcoholic beverages must have: (1) an on-sale license; (2) BOARD PERMISSION; (3) the area must be directly attached to the licensed premises; (4) enclosed with a continuous and contiguous barrier (36" in height); (5) limited ingress (entrance) and egress (exit); (6) waiter/waitress service; (7) must be located on private property, or on public property if specific conditions and governmental approvals are met; (8) signature of property owner; and (9) cannot be located on customer parking areas.
Notwithstanding the provisions of number 1 through 9 above, a licensee may operate an outdoor café that is non-contiguous (not attached) to the licensed premises if specific requirements are met as stated in the Boards Rules and Regulations.
Plans shall be submitted to the Board at the time of the hearing for approval.
Plans may be submitted after the license has been issued subject to provisions of number 1 through 9 above.

REGULATIONS:

A complete set of the Board of License Commissioners Rules and Regulations which details all alcoholic beverage licensing and enforcement requirements, can be obtained from the Board's office for $5.00 ($6.00 if mailed).