Council forwards Class A liquor-license draft to Annapolis with conditions; debate centers on caps, district limits and wholesaler language
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Summary
The council agreed by consensus to forward a draft state bill requested by Delegate Adams that would grandfather three current restaurant-associated Class A liquor licenses, cap the county at three Class A licenses, restrict licenses to one per councilmanic district and limit floor space; counsel noted a drafting deletion of wholesaler language that staff expect to correct in bill drafting.
The Wicomico County Council on Feb. 3 reviewed a draft state bill, prepared at the request of Delegate Chris Adams, that would alter the county's approach to Class A liquor licenses. County counsel and outside advisers explained the proposed changes and asked the council whether to ask the delegation to submit the draft to the General Assembly by the Feb. 12 bill deadline.
County Counsel described key provisions: grandfathering the three existing Class A licenses associated with restaurants, maintaining a three-license limit in the county, preventing more than one license in a single councilmanic district, limiting Class A retail floor space to 3,500 square feet, and decoupling future Class A licenses from restaurants so that on or after July 1 a new Class A must be a freestanding retail outlet. Counsel also noted that the draft appeared to have struck a provision allowing licensees to purchase liquor from a wholesaler; Delegate Adams told counsel he did not request removing that language and expects it to be corrected in bill drafting.
Council members debated fairness, proximity rules and litigation risk. One councilmember said limiting licenses to one per district could prompt legal challenges; others argued the board of license commissioners historically considers community need and proximity in license decisions. One councilmember proposed a two-mile spacing measure to avoid concentrations of stores; members discussed practical enforcement and whether a district-based rule better addressed that concern.
After extended discussion, the council recorded a 5-2 consensus to move the requested language forward to Annapolis with the expectation that drafting staff will correct the wholesaler language if necessary. Counsel cautioned that the senate had introduced a different bill that would allow one license per district (seven total), and advised the council that legislative amendments could change the measure during session. The council's letter of support and requested clarifications will accompany the delegate's submission.
