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*sb0803*
SENATE BILL 803
A1 (6lr2231)
ENROLLED BILL
— Finance/Government, Labor, and Elections —
Introduced by Senator Beidle
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Alcoholic Beverages – Class 3 Wineries and Class 4 Limited Wineries – Bulk 2
Wine and Pomace Brandy Alterations 3
FOR the purpose of expanding the definition of “pomace brandy” authorized to be produced 4
and sold by the holder of a Class 4 limited winery license; authorizing the holder of 5
a Class 3 winery license to acquire bulk wine from the holder of a Class 4 limite d 6
winery license; authorizing the holder of a Class 4 limited winery license to sell and 7
deliver bulk wine to the holder of a Class 3 winery license; clarifying that the holder 8
of a Class 4 limited winery license must report all pomace brandy distilled and 9
bottled by the holder as a distilled spirit for purposes of the alcoholic beverage tax; 10
authorizing the Board of License Commissioners for Montgomery County to issue a 11
Class D beer, wine, and liquor license to the holder of a Class 3 winery license under 12
certain circumstances; and generally relating to Class 3 wineries and Class 4 limited 13
wineries. 14
2 SENATE BILL 803
BY repealing and reenacting, without amendments, 1
Article – Alcoholic Beverages and Cannabis 2
Section 1–101(a) and, 2–206(a), (b), and (e)(1), and 25–102 3
Annotated Code of Maryland 4
(2024 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Alcoholic Beverages and Cannabis 7
Section 2–205 and 2–206(c)(1) 1–101(bb), 2–205, and 2–206(c)(1), (e)(2), and (k) 8
Annotated Code of Maryland 9
(2024 Replacement Volume and 2025 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Alcoholic Beverages and Cannabis 12
Section 2–206(b) 13
Annotated Code of Maryland 14
(2024 Replacement Volume and 2025 Supplement) 15
BY adding to 16
Article – Alcoholic Beverages and Cannabis 17
Section 2–206(k) and 25–1612 18
Annotated Code of Maryland 19
(2024 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Alcoholic Beverages and Cannabis 23
1–101. 24
(a) In this article the following words have the meanings indicated. 25
(bb) “Pomace brandy” means: 26
(1) brandy that is distilled from the pulpy residue of wine pressing, 27
including the skins, pips, and stalks of grapes; OR 28
(2) A BRANDY, NOT EXCEEDING 80 PROOF, THAT IS DISTILLED BY A 29
CLASS 4 LIMITED WINERY LICEN SE FROM WINE PRODUCE D UNDER THE CLASS 4 30
LIMITED WINERY LICEN SE WITH INGREDIENTS THAT INCLUDE AT LEAS T 51% 31
MARYLAND–GROWN AGRICULTURAL PRODUCTS. 32
2–205. 33
(a) There is a Class 3 winery license. 34
SENATE BILL 803 3
(b) A license holder may: 1
(1) establish and operate a plant for fermenting and bottling wine at the 2
location described in the license; 3
(2) import bulk wine from the holder of a nonresident dealer’s permit; 4
(3) ACQUIRE BULK WINE FR OM THE HOLDER OF A CLASS 4 LIMITED 5
WINERY LICENSE; 6
(4) sell and deliver wine to: 7
(i) a holder of a wholesaler’s license; 8
(ii) a holder of a permit that is authorized to acquire wine; and 9
(iii) a person outside the State that is authorized to acquire wine; 10
[(4)] (5) subject to subsection (c) of this section, sell at retail wine made 11
at the plant from products grown in the State to an individual participating in a guided 12
tour of the plant; and 13
[(5)] (6) serve, at no charge, not more than 6 ounces of wine made at the 14
plant to an individual who has attained the legal drinking age and is participating in a 15
guided tour of the plant. 16
(c) An individual may purchase wine under subsection [(b)(4)] (B)(5) of this 17
section if the individual has attained the legal drinking age. 18
(d) The license holder shall report to the Executive Director annually on a form 19
provided by the Executive Director on: 20
(1) the amount of alcoholic beverages produced under the license; 21
(2) the amount of alcoholic beverages sold for off –premises consumption; 22
and 23
(3) the amount of alcoholic beverages served for on–premises consumption. 24
(e) Except as otherwise provided by law, the license holder may not sell alcoholic 25
beverages for off –premises consumption to a person who intends to resell the alcoholic 26
beverages. 27
(f) The annual license fee: 28
4 SENATE BILL 803
(1) shall be determined by the Executive Director; and 1
(2) may not exceed $750. 2
2–206. 3
(a) (1) In this section, “Maryla nd–grown agricultural product” means any 4
product produced or cultivated on a farm or vineyard in the State. 5
(2) “Maryland–grown agricultural product” does not include: 6
(i) cannabis; or 7
(ii) any other product containing tetrahydrocannabinol as defined in 8
§ 36–1102 of this article. 9
(b) There is a Class 4 limited winery license. 10
(c) (1) A license holder may: 11
(i) subject to paragraph (2) of this subsection, from available 12
Maryland agricultural products: 13
1. ferment and bottle wine; and 14
2. distill and bottle pomace brandy; [and] 15
(ii) sell and deliver the wine and pomace brandy to: 16
1. a holder of a wholesaler’s license; 17
2. a holder of a permit that is authorized to acquire wine or 18
pomace brandy; or 19
3. a person outsi de the State that is authorized to acquire 20
wine or pomace brandy; AND 21
(III) SELL AND DELIVER BULK WINE TO THE HOLDER OF A CLASS 22
3 WINERY LICENSE. 23
(e) A license holder may: 24
(1) store on its licensed premises, in a segregated area approved by the 25
Executive Director, the product of other Class 4 limited wineries to be used at Maryland 26
Wineries Association promotional activities, provided records are maintained and reports 27
filed regarding the storage under this item as may be required by the Executive Director; 28
SENATE BILL 803 5
(2) SUBJECT TO SUBSECTIO N (K) OF THIS SECTION , distill and bottle 1
not more than 1,900 gallons of pomace brandy made from available Maryland agricultural 2
products; 3
(K) ALL POMACE BRANDY DIS TILLED AND BOTTLED B Y THE LICENSE 4
HOLDER SHALL BE REPORTED BY THE LICENSE HOLDER AS A DISTILLED SPIRIT IN 5
ACCORDANCE WITH TITLE 5 OF THE TAX – GENERAL ARTICLE. 6
[(k)] (L) The annual license fee: 7
(1) shall be determined by the Executive Director; and 8
(2) may not exceed $200. 9
25–102. 10
This title applies only in Montgomery County. 11
25–1612. 12
(A) THIS SECTION APPLIES ONLY TO SILVER SPRING. 13
(B) THE BOARD MAY ISSUE A CLASS D BEER, WINE, AND LIQUOR LICENSE 14
TO THE HOLDER OF A CLASS 3 WINERY LICENSE THAT PRODUCES NOT MORE THAN 15
20,000 GALLONS OF WINE EACH YEAR. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2026. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.