Alcohol laws of Maryland
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State laws
Underage possession, consumption, and furnishing
It is illegal under state law for a person under the age of 21 to possess or consume an alcoholic beverage.[1]
It is illegal to purchase alcohol for someone under age 21 so that the underage person may drink it.[2]
It is illegal for an adult to knowingly and willfully allow an individual under age 21 to possess or drink an alcoholic beverage at a home where the adult lives, rents, or owns.[3] There are a few exceptions:
- It is legal if the adult and underage person are members of the same immediate family and the alcoholic beverage is provided and is consumed in the adult's home or the land immediately surrounding the home.[4]
- It is legal if the adult and the underage person are participants in a religious ceremony.[5]
- It is legal if the adult is an instructor teaching a course or program in wine-making, fermenting, brewing, or hospitality and tourism at a post-secondary educational institution; the adult remains in control of the alcoholic beverage; the underage person is enrolled in the class; the underage person is at least age 18; and the underage person tastes and then spits out the alcoholic beverage.[6][7]
It is a separate offense for an underage person to misrepresent age for the purpose of obtaining alcohol.[8] It is also a separate offence for an underage person to possess any sort of card or document that falsely identifies the underage person's age.[9] An underage person who illegally possesses alcohol or false identification is subject to a citation rather than arrest, and the event is considered a civil offense, meaning that it does not count as a criminal conviction and cannot result in imprisonment in and of itself.[10]
Employment
A person must be at least 21 years old to be employed to serve alcoholic beverages or sell alcoholic beverages, although some counties have different laws.[11]
A person must be at least 18 years old to work in another capacity at an establishment that serves alcohol.[12] If the business serves alcohol and food service is not the primary focus of the business, then the minimum age to work there is 21.[13]
Open containers
State law prohibits open containers with any amount of alcohol within the passenger area of a motor vehicle.[14] Passengers of a vehicle are similarly prohibited from consuming alcohol in the passenger area, but the law provides exceptions for non-drivers in the back of hired vehicles such as taxis, limousines, and buses, as well as in the living areas of motor homes.[15] The driver is also shielded from prosecution if it is based solely on another occupant of the vehicle having an open container.[16]
The law defines an open container to be a container that is open, or whose seal is broken, or that has had some of its contents removed.[17]
The law defines the passenger area as an area that "is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions."[18] The law states that certain areas are not part of the passenger area, such as "a locked glove compartment; the trunk of a motor vehicle; or if a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle."[19]
Like underage possession above, violation of the open container law is a civil offense.[20]
Taxation
In July 2011, Maryland's taxation of alcohol was increased for the first time since the 1970s, from 6 percent to 9 percent.[21] The tax is applied at the consumer level, appearing as a line-item on the customer's receipt.[21]
County laws
| County | Alcoholic beverage control county | Alcohol sale hours | Grocery Store Sales | |||||
|---|---|---|---|---|---|---|---|---|
| Beer | Wine | Spirits | On-premises | Off-premises | Beer | Wine | Spirits | |
| Allegany County | No | 24hrs at Rocky Gap Casino Only[a] | 7 a.m. – 2 a.m., Monday – Saturday. 11 a.m. – 12 a.m. Sunday. |
No | ||||
| Anne Arundel County | No | 6 a.m. - 2 a.m. | No | |||||
| Baltimore City | No | 6 a.m. – 2 a.m.[b][c] | 6 a.m. – 12 a.m. (Monday – Saturday)[d][e] | No | ||||
| Baltimore County | No | 6 a.m. – 2 a.m.[f] | 6 a.m. – 12 a.m. Monday – Saturday.[g] | No | ||||
| Calvert County | No | Follows state law. | No | |||||
| Caroline County | No | Unknown | Yes | |||||
| Carroll County | No | 8 a.m. – 11 p.m. Monday – Saturday 11 a.m. – 11 p.m. Sunday.[h] |
No | |||||
| Cecil County | No | 6 a.m. – 2 a.m. Monday – Saturday. 10 a.m. – 11 p.m. Sunday.[i] |
6 a.m. – 2 a.m. Monday – Saturday. 8 a.m. – 11 p.m. Sunday.[i] |
Rarely | ||||
| Charles County | No | Unknown | No | |||||
| Dorchester County | No | Unknown | No | |||||
| Frederick County | No | 6 a.m. – 2 a.m. Monday – Saturday. 11 a.m. – 2 a.m. Sunday.[25][j] |
No | |||||
| Garrett County | No | Unknown | Unknown | |||||
| Harford County | No | 8 a.m. – 2 a.m. | No | |||||
| Howard County | No | Unknown | No | |||||
| Kent County | No | Unknown | Unknown | |||||
| Montgomery County | Yes | Restaurants or taverns selling beer and/or wine: 9 a.m. – 2 a.m. Restaurants or taverns selling beer, wine, and liquor: 9 a.m.–2 a.m. Sun–Thu, 9 a.m.–3 a.m. Fri–Sat.[26] |
If selling beer and/or wine: 6 a.m.–1 a.m.[26] If selling spirits: 10 a.m.–9 p.m. Mon–Sat, 12 noon–5 p.m. Sun.[27] |
No (some grandfathered in)[28][k] | ||||
| Prince George's County | No | Retail: 6 a.m. – 2 a.m., except Sunday. Bars: 6 a.m. – 2 a.m.[l] |
Beer and wine.[m] | |||||
| Queen Anne's County | No | Unknown | No | |||||
| Saint Mary's County | No | 6 a.m. - 2 a.m., including Sundays | All yes | |||||
| Somerset County | Yes | Unknown | Unknown | |||||
| Talbot County | No | Unknown | Yes | |||||
| Washington County | No | Unknown | No | |||||
| Wicomico County | Yes | Unknown | Yes | |||||
| Worcester County | Yes | Unknown | Yes | |||||
History
Prior to 1973, the minimum age to buy or possess alcoholic beverages was 21 years old. In 1973, the minimum age was decreased to 18 years old in Montgomery County and Prince George's County. On July 1, 1974, the minimum age was decreased to 18 years old for the entire state.[30] In 1982,[31] the minimum age was increased to 21 years old but with a grandfather clause which allowed those who had already turned 18 (born June 30, 1964 or earlier) to consume beer and wine.[32][33]
See also
Notes
- Restaurants may sell alcoholic beverages 1 p.m. – 2 a.m. on Sunday.
- 6 a.m. – 1 a.m. (for Class D beer/wine licenses).
- One liquor license per store/corporation.
- In Montgomery County, six grocery chains — Giant Food, Safeway, Shoppers Food & Pharmacy, Magruder's, Bestway Supermercado, and 7-Eleven — and one independent grocery store - Snider's Foods - received an exception from the state law that bans grocery stores from selling beer and wine under a grandfather clause.[29] These seven stores are allowed to have one location that sells beer and wine in Montgomery County: Giant's New Hampshire Avenue store in the White Oak neighborhood of Silver Spring, Safeway in Olney, Shoppers in Germantown, Magruder's in Gaithersburg (NOTE: all Maryland Magruder's locations were closed in 2013), Bestway Supermercado in the Long Branch neighborhood of Silver Spring, Snider's Foods in the Woodside neighborhood of Silver Spring, and 7-Eleven's store on Georgia Avenue in Aspen Hill.[29] These licenses can be transferred to any of the chain's other locations in Montgomery County subject to approval by the county Board of License Commissioners.[29]
- Bars that feature live entertainment may serve alcohol until 3 a.m. Friday and Saturday nights.
- Each corporation may sell beer and wine at only one location. The Shoppers in College Park and the Giant in Lanham are two examples.