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*hb0456*
HOUSE BILL 456
A2 6lr0788
By: Howard County Delegation
Introduced and read first time: January 23, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable
House action: Adopted
Read second time: March 7, 2026
CHAPTER ______
AN ACT concerning 1
Howard County – Alcoholic Beverages – Gift Basket Permit 2
Ho. Co. 2–26 3
FOR the purpose of establishing, in Howard County, a gift basket permit that authorizes a 4
permit holder to sell and deliver gift baskets containing beer, wine, or liquor to 5
certain individuals under certain circumstances; providing that certain distance 6
requirements do not apply to the issuance of the permit; and generally relating to 7
alcoholic beverages in Howard County. 8
BY repealing and reenacting, without amendments, 9
Article – Alcoholic Beverages and Cannabis 10
Section 23–102 11
Annotated Code of Maryland 12
(2024 Replacement Volume and 2025 Supplement) 13
BY adding to 14
Article – Alcoholic Beverages and Cannabis 15
Section 23–1003.1 16
Annotated Code of Maryland 17
(2024 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Alcoholic Beverages and Cannabis 20
Section 23–1602 21
2 HOUSE BILL 456
Annotated Code of Maryland 1
(2024 Replacement Volume and 2025 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Alcoholic Beverages and Cannabis 5
23–102. 6
This title applies only in Howard County. 7
23–1003.1. 8
(A) THERE IS A GIFT BASKET PERMIT. 9
(B) (1) THE BOARD MAY ISSUE THE PERMIT TO A PERSON: 10
(I) WHOSE PRIMARY BUSINESS IS THE SALE AND D ELIVERY OF 11
FLOWERS; 12
(II) WHOSE BUSINESS INCLU DES THE SALE AND DEL IVERY OF 13
GIFT BASKETS OF FLOWERS, FOOD, OR OTHER ITEMS; AND 14
(III) WHO DOES NOT HOLD AN Y OTHER ALCOHOLIC BE VERAGES 15
LICENSE OR PERMIT UNDER THIS ARTICLE. 16
(2) THE BOARD MAY NOT ISSUE T HE PERMIT FOR USE IN 17
CONJUNCTION WITH OR ON THE PREMISES OF A CHAIN STORE, SUPERMARKET, OR 18
DISCOUNT HOUSE. 19
(C) A HOLDER OF THE PERMIT: 20
(1) MAY SELL AND DELIVER , TO CONSUMERS OF A LE GAL DRINKING 21
AGE LOCATED IN THE COUNTY, GIFT BASKETS CONTAINING: 22
(I) NOT MORE THAN 72 OUNCES OF BEER; 23
(II) NOT MORE THAN 2.25 LITERS OF WINE; OR 24
(III) NOT MORE THAN 2.25 LITERS OF LIQUOR; AND 25
(2) SHALL MAINTAIN RECORDS AND SUBMIT REPORT S AS REQUIRED 26
BY THE BOARD. 27
HOUSE BILL 456 3
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE PERMIT 1
HOLDER OR AN EMPLOYEE OF THE PERMIT HOLDER SHALL: 2
(I) DELIVER THE GIFT BAS KET CONTAINING ALCOH OLIC 3
BEVERAGES; AND 4
(II) REQUIRE THE PERSON R ECEIVING A DELIVERY OF A GIFT 5
BASKET CONTAINING AL COHOLIC BEVERAGES TO DISPLAY PROOF THAT T HE 6
PERSON IS AT LEAST 21 YEARS OLD. 7
(2) AN INDIVIDUAL WHO DEL IVERS A GI FT BASKET CONTAINING 8
ALCOHOLIC BEVERAGES SHALL BE AT LEAST 21 YEARS OLD. 9
(E) THE HOLDER’S ANNUAL SALES FROM ALCOHOLIC BEVERAGES MAY NOT 10
EXCEED 10% OF THE HOLDER’S ANNUAL GROSS SALES. 11
(F) THE ALCOHOLIC BEVERAGES CONTAINED IN A GI FT BASKET SHALL BE 12
PURCHASED FROM A RETAIL LICENSE HOLDER. 13
(G) THE BOARD SHALL ADOPT REGULATIONS TO CARRY OUT THIS SECTION. 14
(H) THE FEE FOR A GIFT BASKET PERMIT IS $100. 15
23–1602. 16
(a) (1) Subject to subsection (b) of this section, the Board may not issue: 17
(i) a Class B license for a restaurant that is within 400 feet of the 18
nearest point of a public school building; or 19
(ii) any other license for an establishment that is within 500 feet of 20
the nearest point of a public school building. 21
(2) A decision of the County Board of Education to locate a public school 22
building within 500 feet of the premises of a license holder may not be the basis to revoke 23
or deny the renewal or transfer of the license. 24
(b) For a license issued on or before June 30, 1971, the Board may re new the 25
license or approve the transfer of the license to a new license holder for the same 26
establishment and type of license. 27
(C) THE PROHIBITION AGAINST ISSUING A LICENSE IN SUBSECTION (A) OF 28
THIS SECTION DOES NOT APPLY TO THE ISSUANCE OF A GIFT BASKET PERMIT. 29
4 HOUSE BILL 456
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.