Liquor board finds 51% protest met, denies authority to grant Falls Road license

The Board of Liquor License Commissioners for Baltimore City on April 24 denied a motion to dismiss a challenge to the statutory “more than 50%” protest provision and found that protestants within 200 feet had met the threshold, preventing the board from granting a new Class B license for 4001 Falls Road (Tucker’s Golf LLC).

The decision followed oral argument on a facial constitutional challenge to Alcoholic Beverages and Cannabis Article §12-15-08 (the so-called 51% rule). The board’s chair said he would deny the applicant’s motion to dismiss and that, after counting submitted affidavits, opponents had satisfied the statutory protest threshold. The chair concluded that the existence of a valid protest under §12-15-08 “deprives the board of the authority to grant the license under those circumstances,” and the board concluded the case without granting the license.

Why it matters: The board’s finding relies on the city/state protest provision that allows owners or…