Md. Code, Alco. Bev. § 12-2009

Current with changes from the 2024 Legislative Session
Section 12-2009 - Restricted operation of establishments by holder of Class A, Class B-D-7 licenses, and adult entertainment licenses
(a) In this section, "adult entertainment" has the meaning stated in Article 15, § 1-1 of the Baltimore City Code.
(b) This section applies only to:
(1) a holder of a Class A license;
(2) a holder of a Class B-D-7 license; and
(3) a holder of an adult entertainment license issued by the Board under § 12-2102 of this title and Article 15, Subtitle 1 of the Baltimore City Code.
(c) Except as provided in subsection (d) of this section, the holder of a license described in subsection (b) of this section may not operate an establishment later than 10 p.m. if the establishment is in an area bounded as follows: from the intersection of Holliday Street and East Fayette Street, east on East Fayette Street to the intersection with North Gay Street, south on North Gay Street to the intersection with East Baltimore Street, south on South Gay Street to the intersection with Water Street, west on Water Street to the intersection with Commerce Street, north on Commerce Street to the intersection with East Baltimore Street, then north on Holliday Street back to the intersection of Holliday Street and East Fayette Street.
(d)
(1) The holder of a license described in subsection (b) of this section that operates an establishment bounded in the area described in subsection (c) of this section may operate the establishment within the hours of operation authorized by the license if the holder submits to the Board a security plan that is approved by the Board after consultation with the Baltimore Police Department.
(2) The security plan required under paragraph (1) of this subsection shall include:
(i) the hiring of security personnel to be present at the licensed premises during all hours of operation;
(ii) the placement of security personnel inside and immediately outside the licensed premises;
(iii) procedures for securing the establishment and each entryway into the establishment, including the consistent use of metal detectors, and the area immediately around the establishment;
(iv) a plan for communication between security and the Baltimore Police Department;
(v) a plan for not exceeding a capacity limit for the licensed premises determined by the Baltimore City Fire Marshal; and
(vi) the name of and direct contact information for the owner and manager of the licensed premises.
(3) The holder of a license under this subsection shall, for security personnel hired in accordance with paragraph (2)(i) of this subsection:
(i) provide the identifying information, including name, birthdate, home address, and telephone number, of security personnel who are regular or part-time employees, including temporary employees during the preceding quarter, of the licensed premises to the Baltimore Police Department on a quarterly basis; and
(ii) ensure that a security guard who works for a third-party security contractor carries documentation showing their security guard certification with the Maryland State Police while they are working.
(4)
(i) The holder of a license under this subsection shall submit an updated security plan to the Board each year with an application for license renewal under § 12-1802 of this title.
(ii) The Board, in consultation with the Baltimore Police Department, shall consider the license holder's compliance with the previous year's security plan before determining whether to approve the license holder's updated security plan.
(e)
(1) The holder of a license described in subsection (b) of this section that operates an establishment bounded in the area described in subsection (c) of this section shall maintain and operate a digital surveillance system on the exterior of the licensed premises.
(2) The digital surveillance system under paragraph (1) of this subsection shall:
(i) be equipped with high-definition cameras that provide continuous, 24-hour video monitoring without audio recording capacity placed outside the licensed premises in such a way that the exterior of each entryway into and exit away from the licensed premises is monitored;
(ii) retain video recorded from the surveillance system for not less than 14 days; and
(iii) be registered with and accessible by the Baltimore City Intelligence Center.
(3) The license holder shall, on request, provide a recording created by the digital surveillance system in this subsection to the Baltimore Police Department.
(f) The Board, after consultation with the Baltimore Police Department, may authorize an exemption from the provisions of subsection (d) of this section for an establishment operating under a Class A license.

Md. Code, AB § 12-2009

Added by 2022 Md. Laws, Ch. 36, Sec. 1, eff. 7/1/2022.