Md. Code Regs. 14.17.05.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.17.05.03 - Application Notification, Submission, and Review

A. The Administration shall announce an application round at least 60 days prior to the acceptance of applications. The announcement shall include:

(1) Types of licenses available during the licensing round;

(2) Number of licenses available by license type;

(3) Beginning and closing day of the application period; and

(4) Any regional, jurisdictional, or other geographical considerations in the licensing round.

B. The Administration shall accept applications for a period of 30 calendar days.

C. The Administration shall conduct extensive outreach to small, minority, and women business owners and potential social equity applicants prior to accepting applications.

D. Upon the closing of any application period, the Administration shall announce the number of applications submitted and the maximum number of licenses that may be awarded within each license category and pool of applications.

E. Application Review.

(1) The burden of proving an applicant's qualifications rests on the applicant.

(2) The Administration may:

(a) Deny an application that:

(i) Is not complete in every material detail;

(ii) Contains a material misstatement, omission, misrepresentation, or untruth;

(iii) Does not meet the minimum qualifications for the lottery; or

(iv) Is not submitted by the established deadline;

(b) Request any additional information from any applicant, if it deems the information necessary to review or process the application; and

(c) If the applicant does not provide the additional requested information within 10 calendar days, deny the application.

(3) The Administration shall determine whether a submitted application meets the minimum qualifications for the lottery on a pass-fail basis by reviewing:

(a) A detailed operational plan for the safe, secure, and effective operation of the business;

(b) A business plan demonstrating a likelihood of success and sufficient ability and experience on the part of the applicant, and providing for appropriate employee working conditions;

(c) A detailed diversity plan; and

(d) For the first round of licensing and otherwise as required under Alcoholic Beverages and Cannabis Article, §36-404, Annotated Code of Maryland, for any subsequent round of licensing, documentation that the applicant meets the requirements of a social equity applicant.

F. Minimum qualifications in §E(3) of this regulation shall be established by the Administration and communicated to prospective applicants prior to the application period.

G. The Administration may award fewer licenses than authorized under law in any licensing round.

H. The Administration may require an applicant, or any individual or entity that holds an ownership interest in or control of the applicant, to complete an attestation demonstrating the applicant meets the requirements for award established in Alcoholic Beverages and Cannabis Article, Title 36, Subtitle 4, Annotated Code of Maryland.

Md. Code Regs. 14.17.05.03

Regulation .03 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.