Agenda Item 1 February 10,2014

Transcription

1 new local bill: Me (HB 960) Montgomery County - Alcoholic Beverages Residency Requirement Exemption, at page 1; Agenda Item 1 February 10,2014 Isiah Leggett County Executive OFFICE OF INTERGOVERNMENTAL RELA nons February 10,2014 Melanie Wenger Director TO: FROM: SUBJECT: Montgomery County Council MEMORANDUM Melanie L. Wenger, Director ~LW Office ofintergovernmental Relations Third Winter Update in Rockville The purpose for this afternoon's meeting is to discuss: update on 2014 session; minimum wage legislation; speed camera legislation; HB 489 Municipalities - Incorporation Referendums - Special Elections; HB County and Municipal Street Lighting Investment Act; status of local and bi-county legislation at page 6; local bond bill list, to date, at page 10; and anything else. NOTES: 1. The link to the Montgomery County Delegation website which allows you to access the text of all local and bi county bills is 2. The text ofany Senate or House bill may be accessed through the Maryland General Assembly'S website at 1 st.aspx?tab=home. lol Monroe Street Fourth Floor Rockville, Milryland FAX State Circle Suite 303 Annapolis, Milryland FAX MAILING ADDRESS: lol Monroe Street Fourth Floor Rockville, MilryJand

2 A2 HOUSE BILL 960 By: Montgomery County Delegation Introduced and read first time: February 6, 2014 Assigned to: Economic Matters 41r2827 CF 4lr3198 A BILL ENTITLED 1 AN ACT concerning 2 Montgomery County Alcoholic Beverages Residency Requirement 3 Exemption 4 MC FOR the purpose of exempting Montgomery County from certain provisions of law 6 requiring that a partner in a partnership for which an application for an 7 alcoholic beverages license is made or an applicant for an alcoholic beverages 8 license be a resident in the County for a certain number of years before the 9 application is filed; and generally relating to alcoholic beverages licenses in 10 Montgomery County. 11 BY repealing and reenacting, with amendments, 12 Article 2B - Alcoholic Beverages 13 Section 9-101(a) and (b)(4) 14 Annotated Code ofmaryland 15 (2011 Replacement Volume and 2013 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 17 :MARYLAND, That the Laws of Maryland read as follows: 18 Article 2B - Alcoholic Beverages (a) A license may not be issued to a partnership, to a corporation, or to a 21 limited liability company, but only to individuals authorized to act for a partnership, 22 corporation, or limited liability company who shall assume all responsibilities as 23 individuals, and be subject to all of the penalties, conditions and restrictions imposed 24 upon licensees under the provisions of the Tax - General Article that relate to the 25 alcoholic beverage tax and the provisions of this article. Ifthe application is made for a EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law

3 2 HOUSE BILL partnership, the license shall be applied for and be issued to all the partners as 2 individuals, [all of whom] AND, EXCEPT IN MONTGOMERY COUNTY, ALL THE 3 PARTNERS shall have resided in the city or county in which the place of business is 4 located for at least 2 years prior to the application. 5 (1) (i) In Montgomery County, if the application is made for a 6 partnership, the license shall be applied for and issued to at least 2 general partners 7 as individuals, at least one of whom is a registered voter of the county where the 8 application is made and resides there at the time of the application. Ifthere is only one 9 general partner, the license shall be issued to that partner as an individual, if that 10 partner is a registered voter of the county where the application is made and resides 11 there at the time of application. 12 (ii) 1. In Baltimore County, if the application is made for a 13 partnership, the license shall be applied for and issued to at least two general partners 14 as individuals, at least one of whom is a registered voter of any county of the State or 15 ofthe City of Baltimore and resides there at the time of application If there is only one general partner, the Board of 17 License Commissioners shall issue the license to that partner as an individual, if the 18 partner is a registered voter of any county or of the City of Baltimore and resides there 19 at the time of the application The provisions of this subparagraph may not be 21 construed to waive any of the requirements under 9-102, , and of this 22 article. 23 (2) In Harford County, the applicant shall be a bona fide resident of 24 Harford County for at least 1 year before filing the application and shall remain a 25 resident as long as the license is in effect. The applicant is not required to be a 26 registered voter.. 27 (3) In Prince George's County, if an application is made for a sole 28 proprietorship or partnership, the license shall be applied for and issued to all 29 partners as individuals, all of whom shall have resided in Prince George's County for 30 at least 2 years prior to the application, are registered voters in Prince George's 31 County, and shall continue to be bona fide residents of Prince George's County as long 32 as the license is in effect. 33 (4) (i) 1. In Frederick County, if an alcoholic beverages license 34 application is made for a partnership, the license shall be applied for and issued to 3 35 individuals None of the 3 individuals need to be partners. 37 However, all 3 individuals shall be authorized in writing to act for the partnership by 38 making application for and becoming holders of the license for partnership. 2

4 HOUSE BILL Of the 3 individuals, 1 shall be a registered voter at 2 the time of application and prior thereto and be a resident of Frederick County for at 3 least 2 years prior to making application The names of all of the partners shall be stated on the 5 application. 6 (ii) If a corporation, partnership, or limited liability company is 7 a partner of the partnership for which application is being made, the applicants shall 8 state on the application: 9 1. The name of any owner of more than 33 percent of the 10 stock in the corporate partner; The name of any owner of more than 33 percent of 12 ownership interest of the partnership partner; or The name of any member with more than a 33 percent 14 interestin the limited liabilityeompany partner. 15 (5) (i) This paragraph (5) applies only to licenses issued by the 16 State Comptroller. 17 (ii) If a license application is made for a partnership, the license 18 shall be issued to three individuals, each ofwhom shall qualify as follows: An individual general partner; or When a general partner is a corporation, an officer of 21 the corporation as an individual 22 (iii) Ifless than three general partners or corporate officers exist, 23 then a license may be issued to all of the general partners or officers qualified under 24 subparagraph (ii)2 of this paragraph. 25 (iv) 26 applicants shall be: In each instance under this paragraph, at least one of the A resident of the State for at least 2 years preceding 28 the filing of the applications; and A registered voter of the State. 30 (v) This paragraph may not be construed to waive any of the 31 requirements under of this article. 32 (6) (i) This paragraph applies only in Wicomico County. 3

5 4 HOUSE BILL (ii) 1. Ifa stadium beer and light wine license application is 2 made for a partnership, the license shall be applied for and issued to three individuals None of the three individuals need be partners. 4 However, all three individuals shall be authorized in writing to act for the partnership 5 by making application for and becoming holders ofthe license for the partnership Of the three individuals, one shall be a registered 7 voter at the time of application and for 1 year prior to then and be a resident of 8 Wicomico County for at least 2 years prior to making application The names of all of the partners shall be stated on the 10 application. 11 (iii) If a corporation, partnership, or limited liability company is 12 a partner of the partnership for which application is being made, the applicants shall 13 state on the application: The name of any owner of more than 33 percent of the 15 stock in the corporate partner; The name of any owner of more than 33 percent of 17 ownership interest of the partnership partner; or The name of any member with more than 33 percent 19 interest in the limited liability company partner (b) Except as otherwise provided in this subtitle, every new application for a 22 license shall be made to the Board of License Commissioners on forms prescribed by 23 the Comptroller and sworn to by the applicant. Every application for a license shall 24 contain the following: 25 (4) (i) Except as provided in subparagraphs (iii) [and], (v), AND 26 (VI) of this paragraph, a statement that the applicant has been for two years next 27 preceding the filing of the application a resident of the county or of the City of 28 Baltimore in which the applicant proposes to operate under the license applied for. 29 (ii) The Board of License Commissioners of Prince George's 30 County shall apply the residency requirements as specified in ofthis article. 31 (iii) In Dorchester County the residency requirement is 1 year. 4

6 HOUSE BILL (iv) In Carroll County, in addition to the applicant's residential 2 statement required under this section, the license shall remain valid only for as long 3 as the resident applicant remains a resident of the county. 4 (v) In Baltimore County, a statement that the applicant has 5 been for 2 years next preceding the filing of the application a resident of the State is 6 required. 7 (VI) THIS PARAGRAPH DOES NOT APPLY IN MONTGOMERY 8 COUNTY. 9 [(vi)] (VII) An applicant for a license issued in the City of 10 Annapolis may meet the residency requirement by residing anywhere in Anne Arundel 11 County. 12 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13 July 1,

7 2014 General Assembly Session Montgomery County Local and Bi-County Legislation Active Bills # ISpon~o~ TitleL~e~riptiQ!l_~~ ~ ~ ~~--~."- Positions Status MC Montgomery County - Barbershops - Restriction on Operation Repealed 0117 H Del - FAV 20-0 ~~B0306 This bill would eliminate the restriction that barbershops may only be open six days a week in Montgomery County : Senate Delegation MC Montgomery County - Micro-Brewery Licenses and Class D Beer and Light Wine Licenses ~~to!sb0310 This bill would allow the Comptroller to a issue a Class 7 micro-brewery license in Montgomery County to the holder of a Class D beer and light wine license. Current law requires a Class H license (with restaurant) H Del - FWA 20-0 Senate Delegation 1:00 MC Montgomery County - Archery Hunting - Safety Zone ~=SB0309 This bill would change the safety zone for archery hunting in Montgomery County from 150 yards to 50 yards from any home, church, or occupied building or camp. MoCoCC LUT FWA 6-2 H Del FWA 17-4 MC Montgomery County - Alcoholic Beverages Sales - Prohibition on Use of Self-Scanning Cash Registers ~'t.{1;'sb0312 This bill prohibits retail licensees from selling alcoholic beverages via a self-scanning cash register or another similar device H Del - FWA 20-0 Senate Delegation 1:00 MC Montgomery County - Alcoholic Beverages - Special BWL Community Performing Arts Facility License ~ ~~~SB0311 This bill creates a Community Performing Arts Fadlity license for performing arts facilities with a capacity of 200 to 1, H Del - FAV 20-0 Senate Delegation 1:00 MC Montgomery County - Alcoholic Beverages - Beauty Salon License ~ '~7!SB0301 This bill creates a special Beauty Salon Beer and Wine license for holders of a beauty salon permit.' No Pos H Del FWA 17-5 Senate Delegation 1:00 Page 1 of 4 0)

8 #/Sl!onsor Title/Descril!tion Positions Status MC Alcoholic Beverages - Montgomery County - Beer Festivals 0117 H Del - FWA 20-0 ~6/SB0298 This bill allows a non-profit agency selected by Montgomery County to organize a beer festival on up to four 0211 Senate Delegation weekend a year :00 MC Montgomery County - Alcoholic Beverages - Class B Beer, Wine and Liquor Licenses ~~/SB0307 This bill removes geographic restrictions on Class B beer wine and liquor licenses in Montgomery County, and loosens restrictions on additional licenses, and makes other changes to Class B licenses. MaCo CC Hold Hold 0124 H Del - FWA :00 MC Montgomery County - Maryland Tort Claims Act - Human Services Torts ~7/SB0299 This bill clarifies the State is a proper defendant in child welfare cases administered by HHS on behalf of DHR, and provides that the County must be named in any tort claims. Hold 0122 JUD 1: H Del - FWA Senate Delegation MC Montgomery County - Proportion of Food and Alcoholic Beverages Sales - Class B Licenses and Class B-BWL (H-M) Licenses I'1CG HB142/SB0300 This bill reduces from 50% to 40% of the gross food and alcohol receipts that a Class B licensee must derrive from food sales H Del - FWA :00 MC Montgomery County - Town of Kensington - Alcoholic Beverages - Special B-K Licenses ~T35/SB0313 This bill adds Connecticut Avenue to the list of locations in Kensinmgton where a Class B-K lincese may be issued H Del - FWA Senate Delegation :00 MC Montgomery County - Alcoholic Beverages - Beer, Wine and Liquor Licenses MoO:; I Establises a Class D beer, wine and liquor (on-sale) license; alters the hours for Class B-BWL or Class B-BWL (H-M) sales on Friday, Saturday, and 0205 Co Aff FWA H Del FWA 22-1 MC Montgomery County - Law Enforcement Vehicles - Automated External Defibrillator No Pos :00 ~r~b0308 This bill requires every non-fedrallaw enforcement vehicle in Montgomery County be equipped with an AED and MaCa CE No Pos 1202 Hearing - Rockville that law enforcement officers be trained to use them. MC Montgomery County - City of Takoma Park - Alcoholic Beverages - Class B On- and Off-Sale License 0117 H Del - FAV 20-0 =SB0302 This bill removes the sunset provision that applies to a Class B off-premises consumption license in Takoma Park Senate Delegation :00 Page 2 of4 -...J

9 #/Sponsor Title/Description. Dne.i.in",e..._.._ Status MC ~;gr32/sb030 Montgomery County - Alcoholic Beverages - Beer Sales and Delivery to Retail Dealers Authorizes a holder of a Class 7 limited beer wholesaler's license or a nonresident brewery permit to sell or deliver its own beer to a county liquor dispensary, a restaurant, or any other retail dealer in Montgomery County Co Aff FWA H Del FWA (Voice) MC f:eldf11<3/'l HB0269/ MC l:xjrnais HB0638/ Montgomery County - Alcoholic Beverages - Class B Beer, Wine and Liquor (Clubhouse/Lodge) License Establishes a special Class B beer, wine and liquor (BWl) (clubhouse/lodge) license in Montgomery County. Criminal Law - Telecommunication Devices in Place of Confinement - Montgomery County Work Release and Prerelease Programs For the purpose of exempting certain work release and prerelease programs in Montgomery County prohibitions on telecommunication devices in a place of confinement Co Aff FWA H Del FWA (Voice) 0205 Co Aff FAV H Del FAV 23-0 MC I-/I./dreI: 960/ Montgomery County - Alcoholic Beverages - Residency Requirement Exemption Repeals, for Montgomery County, the requirement that all partners in a partnership be residents of the County for two years before applying for an alcoholc beverages permit : H Del - Accept/late 0207 H Del - late Filed 0214 H Del - Hearing PG/MC ~S/ Washington Suburban Sanitary Commission - Commission Infractions - Watershed Regulations This bill increases the fines for watershed violations from $50 to $250 for a first offense and $100 to $500 for subsequent offenses. MoCoCC MoCoCE WSSC 0204 Bi 4:00 PG/MC F Washington Suburban Sanitary Commission - Customer Affordability Program This bill enables the WSSC to establish a customer afford ability program. MoCoCC WSSC :00 PG/MC WSSC I Public Utilities - System Development Charge - Definitions This bill defines "apartment" and clarifies the definion of "new service connection" for the systems development charge. MoCoCC 0128 Bi Co LIMBO 4-0 MoCoCE :00 WSSC PG/MC Gildlrist I Washington Suburban Sanitary Commission - System Development Charge - Upgrade of Facilities This bill would allow a developer to upgrade an existing facility without increasing capacity and have the cost of that upgrade count toward the developer's sysyem development charge. MoCoCC No Pas :00 No Pos WSSC Oppose PG/MC Maryland-National capital Park and Planning Commission Park Police - Workers' Compensation Bi-County FAV 5-0 fi1orjtgornery Lyme Disease Presumption - Repeal of Termination Date 0131 H Del FAV (Voice) This bill repeals the sunset provision that provides a presumption that a Park Police officer that contracts Lyme Disease did so while working. PrGeo CC Hold I Page 3 of4 co

10 #/Sponsor Title/Description Positions Status PG/MC Maryland-National Capital Park and Planning Commission - Regulations to Prohibit Smoking or Use of LUT FWA 8-0 /(ramer Electronic Cigarettes 0207 H Del FWA Requires I the Maryland-National Capital Park and Planning Commission to adopt regulations to prohibit smoking tobacco products and electronic Cigarettes or similar products and provides exemptions and exclusions. Page 4 of 4 (0

11 Montgomery County 2014 Local Bond Bill Submissions As of 2/7/2014 ~tch Key: Hard =Cash; 1 =Real Property; 2 =In Kind Contributions; 3 = Prior Expenditures