Maryland Wine & Liquor, Inc. v. Board of License Commissioners

McWilliams, J., delivered the opinion of the Court. A difference of opinion, born of competition in the sale of spirits, requires us to consider the effect of Chapter 720 of the Laws of Maryland of 1970. The trial judge, Loveless, J., upheld the view of the Board of License Commissioners of Prince George’s County (Board). The appellant, claiming to have been roundly put upon, has appealed.

It is best that we begin by setting forth the relevant part of the Legislature’s enactment: “Section 1. Be it enacted by the General Assembly of Maryland, That Sections . . . 103 (a), 103 (d) and 103 (e) of Article 2B of the Annotated Code of Maryland (1968 Replacement Volume and 1969 Supplement), title ‘Alcoholic Beverages,’ subtitle ‘Hours and Days of Sale,’ be and the same are hereby repealed and reenacted, with amendments, and that Section 103 (b) be and it is hereby repealed, and all to read as follows: “In Prince George’s County, (a) no holder of any retail alcoholic beverage license or any agent, servant or employee of a holder of any alcoholic beverage license shall sell or serve any alcoholic beverages or permit any alcoholic beverages to be consumed on the licensed premises between the hours of 2:00 A.M. and 6:00 A.M. [and no] No holder of any retail alcoholic beverage license or any agent, servant or employee of a holder of any alcoholic beverages license shall be permitted to sell any alcoholic beverage or permit any alcoholic beverage to be consumed on the licensed premises between the hours of [12:00 midnight on Saturday] 2:00 AM. and 6:00 A.M. [the following Monday, except that holders] Holders of any ‘on-sale’ retail alcoholic beverage license, their agents, servants, or employees may sell beer and light wine on Sunday, except between the hours of 2:00 A.M. and 8:00 ⁴⁴⁰ A.M. [and 12:00 midnight and no] No holder of a Class A, beer, wine and liquor license shall be permitted to make any sale between the hours of [midnight] 2:00 A.M. and 6:00 A.M. or on Sunday after 2:00 A.M. “(d) In Prince George’s County the holder of a Class A (off-sale) license who offers for sale in his licensed premises commodities other than alcoholic beverages and is open on Sundays for the sale of such commodities shall keep all alcoholic beverages upon the premises in a separate beverage department securely closed and locked in a compartment, compartments or enclosure between the hours of [12:00 o’clock midnight on Saturday] 2:00 o’clock A.M. on Sunday and 6:00 A.M. the following Monday, subject to rules and regulations of the board of license commissioners not inconsistent with the provisions hereof. The provisions of this subsection shall not apply to alcoholic beverages in storage areas which are not open to the public. “(e) In Prince George’s County notwithstanding any other provisions of this article, but in addition thereto the holder of a beer, wine and liquor license, Class B, his agents, servants or employeés shall not sell any alcoholic beverages for consumption off the licensed premises between the hours of [12:00 midnight and] 2:00 A.M. and 6:00 A.M. or on Sunday after 2:00 A.M. from any separate store established on the licensed premises as an ‘off-sale store’ or to keep said ‘off-sale store’ open for business during said hour and for the purpose of this provision, the board of license commissioners of Prince George’s County shall determine by reasonable standards what shall constitute an ‘off-sale store.’ Nothing herein contained shall prohibit the sale of alcoholic beverages for consumption off the licensed premises between 12:00 midnight and 2:00 A.M. of any day [except ⁴⁴¹ What follow are excerpts from a letter dated 24 May 1972 from counsel for the appellant to the Board: “My office represents . . . [appellant] which is the holder of a Class A beer, wine and liquor license. It has not opened its store in the past from midnight on Sunday until 2:00 a.m. on Monday.

However, its competitor across the street with a Class B license is now open during these hours, and is placing itself in an unfair competitive advantage. Although it is my opinion that my client could legally operate its store during the hours in question, it was advised by your inspector that the statutes involved are subject to further interpretation, and' that it will have to be determined whether a distinction can be made between these two licenses for the hours involved. It is for this reason that I recommend that it make no attempt to open its store during these hours, but that it seek a hearing for the purpose of obtaining a ruling