[HISTORY: Adopted by the Mayor and Council of the City of
Hagerstown 10-27-2009 by Ord. No. O-09-14. Amendments noted
where applicable.]
GENERAL REFERENCES
Entertainment clubs — See Ch. 92.
A.
BOTTLE CLUB
As used in this chapter, the following terms shall have the meanings
indicated:
A premises or establishment that serves, gives, dispenses,
keeps, or allows to be consumed by a patron, alcoholic beverages from
supplies that the patron purchased, reserved, or otherwise brought
to the premises or establishment. "Bottle club" includes any business,
enterprise, public or private club, restaurant, hotel, room, dance
studio, place of public entertainment, or other location open to the
general public. "Bottle club" does not include an establishment for
which a license has been issued pursuant to the provisions of Article
2B of the Annotated Code of Maryland.
It shall be unlawful for any person to conduct, keep, maintain,
operate, or to permit another to conduct, keep, maintain or operate
a bottle club in the City of Hagerstown, Maryland.
A.
License. Section 62-2 hereof notwithstanding, it shall be permissible for a restaurant which has accommodations for no more than 74 customers and is not regulated or licensed by the provisions of the Article 2B, to allow the consumption of beer and wine on its premises, so long as the establishment has a valid bottle club license issued by the City Clerk pursuant hereto.
B.
Application for license; fee. An applicant for a bottle club license
must provide the following:
(1)
The name, address and contact information of the applicant, and the
resident agent.
(2)
Name, address and contact information for the applicant if not an
individual.
(3)
The name, address and contact information of a manager or supervisor
designated by applicant.
(4)
The specific location of the premises upon which the bottle club
is to be operated.
(5)
Proof of approval of the owner of the premises, if different from
the applicant, for the operation of a bottle club upon said premises.
(6)
Proof of zoning, fire department, and health department certifications
or approvals for the operation of a restaurant at the premises.
(7)
Proof of a valid state restaurant license and trader's license
for the business operated at the premises.
(8)
Proof of completion of a state approved and certified alcohol awareness
program by the applicant or the applicant's supervisory designee.
(9)
A nonrefundable annual license fee of $100, or a nonrefundable annual
license renewal fee of $50 for a current, valid licensee applying
for a subsequent license year.
C.
Operating rules and regulations.
The following operating rules and regulations shall apply to all bottle
clubs licensed pursuant hereto:
(1)
The bottle club shall be operated in accordance with all federal,
state, and local laws, and shall maintain current, valid licenses,
certifications and approvals as required.
(2)
The bottle club shall not operate between 1:00 a.m. and 6:00 a.m.
(3)
The bottle club may only permit the consumption of beer, wine, and
nonalcoholic beverages on the premises.
(4)
The bottle club shall only permit the consumption of beer and wine
during the hours that prepared food is being served by the restaurant.
(5)
One employee certified by a state-approved alcohol awareness program
must be present on the licensed premises at all times during hours
of operation of the bottle club.
(6)
No nudity or sexual displays shall be permitted on the premises of
the bottle club.
(7)
The licensee or any employee thereof may not permit the consumption
of beer or wine on the premises by a person under 21 years of age
or by a person who at the time of the consumption is visibly under
the influence of any alcoholic beverage.
D.
Issuance of license; suspension and revocation. The City Clerk shall issue or deny an annual, nontransferable, nonassignable bottle club license within 30 days of receipt of a completed application. The Clerk may, at any time after a hearing, suspend or revoke a bottle club license for a violation of the requirements hereof. Any person adversely affected by any decision of the City Clerk may appeal to the City Review Board established in Chapter 92 of the City Code, within 30 days of the date of the adverse decision.
In addition to the sanctions outlined § 62-3D above, any person, firm, corporation, or other entity violating this chapter, or any rule or regulation hereof shall be guilty of a misdemeanor and shall be subject to a penalty of up to a maximum of 90 days in jail and/or a $500 fine. A separate offense shall be deemed to have occurred on each day upon which a violation of this chapter occurs.
The provisions of this chapter are severable. If any portion
of this chapter or its application is held to be invalid, such invalidity
shall not affect the other provisions or applications of this chapter,
which can be given effect without the invalid provisions or applications.
