REQUEST FOR PROPOSALS
To Purchase the Worcester County Shore Spirits Retail Liquor Store located at 122 Newtowne Boulevard in Pocomoke City, Worcester County, Maryland
The Worcester County Conunissioners (Conunissioners) have adopted an Exit Strategy with respect to the operations of the Worcester County Department of Liquor Control and intend to cease retail liquor operations on or before June 30, 2017. As a result, the Conunissioners recently declared the following property as surplus property and are currently accepting proposals from qualified individuals or entities to purchase this property, including specified furniture, fixtures and inventory to be operated as a retail liquor store. The Subject Property is located at 122 Newtowne Boulevard just north of Old Snow Hill Road (MD Route 756) and east of Ocean Highway (US Route 13). The property is identified as Condominium Units 101 and 102 of the Newtowne Plaza Condominiums and comprises a total enclosed area of2,954 square feet with furniture, fixtures and improvements for the operation of a retail wine and liquor store. The selection of the successful bidder will be based upon a combination of the price offered for purchase of this property and the contents thereof, as well as a demonstrated ability and experience owning and operating a retail liquor store or other similar retail establishment. Bid packages are available from the Office of the County Conunissioners, Room 1103 - Worcester County Government Center, One West Market Street, Snow Hill, Maryland 21863. A pre-bid inspection will be held onsite on Wednesday, March 8, 2017 at 9:00 am at 122 Newtowne Boulevard, Pocomoke City, MD 21851. Interested bidders are encouraged to attend. Sealed proposals will be accepted until 1:00 PM, Friday, March 17, 2017 in the Office of the County Commissioners, Room 1103 - Worcester County Government Center, One West Market Street, Snow Hill, Maryland 21863, at which time they will be opened and publicly read aloud. Envelopes shall be marked "Proposal to Purchase County Liquor Store in Pocomoke City" in the lower left-hand comer. After opening, proposals will be reviewed by staff and a reconunendation of award will be made to the County Conunissioners at a future meeting. In awarding the proposal, the Commissioners reserve the right to reject any and all proposals, waive formalities, informalities and technicalities therein, and to take whatever proposal they determine to be in the best interest of the County considering highest and/or best proposal, quality of goods and work, time of delivery or completion, responsibility of bidders being considered, or any other factors they deem appropriate. All inquiries shall be directed to Maureen Howarth, County Attorney, at 410-632-1194. INSTRUCTIONS TO BIDDERS
1. BIDS
Bids should be submitted in sealed envelopes clearly marked in the lower left-hand corner "Proposal to Purchase County Liquor Store in Pocomoke City". Bids received after the bid deadline as specified in the Request for Proposals will not be considered.
2. BID FORMS
Bids are to be submitted on the forms provided in this package. Bid forms are to be completed in their entirety and all requested information provided. Where indicated, bids are to be signed by an individual authorized by the bidding company. Incomplete or unsigned bid forms are cause for rejection of the bid.
3. PRE-BID INSPECTION
A pre-bid inspection will be held at the Shore Spirits Liquor Store located at 122 Newtowne Boulevard, Pocomoke City, Maryland on Wednesday, March 8, 2017 at 9:00 am. Any inquiries should be directed to Maureen Howarth, County Attorney, between the hours of 8:00 a.m. and 4:30 p.m. at 410-632-1194, or by email at [email protected].
4. SPECIFICATIONS
A. The County Commissioners of Worcester County, Maryland (County) have adopted an Exit Strategy with respect to the operations of the Worcester County Department of Liquor Control and intend to cease retail liquor operations on or before June 3 0, 2017. As a result, the Commissioners recently declared the Subject Property (Shore Spirits Liquor Store at 122 Newtowne Boulevard, Pocomoke City, Maryland) as surplus property and are currently accepting proposals from qualified individuals or entities to purchase this property, including the specified furniture, fixtures and inventory to be operated as a retail liquor store.
B. The Subject Property (Pocomoke City Shore Spirits Location) is located at 122 Newtowne Boulevard, Pocomoke City, Maryland 21851. The property is identified as Condominium Units 101 and 102 of the Newtowne Plaza Condominiums and comprises a total enclosed area of 2,954 square feet with furniture, fixtures and improvements for the operation of a retail wine and liquor store. The Subject Property Deed and Plat and the Newtowne Plaza Condominium Declaration of Covenants, together with Bylaws, are attached hereto (see Attachment A).
C. The selection of the successful bidder will be based primarily upon a combination of the price offered for purchase of this property, including all improvements and the specified furniture, fixtures and inventory, and the mark-up percentage offered
Page 1 of3 for the inventory, as well as a demonstrated ability and experience owning and operating a retail liquor store or other similar retail establishment. Minimum proposals shall include the purchase of all inventory in the store (Attachment D) at the cost paid by County, plus any additional percentage mark-up to the County. A list of all furniture, fixtures and improvements to be conveyed with the store is included as Attachment C.
D. The successful bidder shall agree to purchase the above referenced Shore Spirits Liquor Store from the County on the proposed settlement date of May 19, 2017.
E. The successful bidder will be required to obtain an alcoholic beverage license in Worcester County and must meet all criteria for issuance of said license including a Criminal Record Check and at least one applicant of the corporation must serve as a Resident Agent having resided in Worcester County for the past two years, among other requirements. Please refer to Attachment E for a copy of the alcoholic beverage license application package and relevant information.
F. Bid packages, including Instructions to Bidders, a Bid Form, Bidder's Information Sheet, the Subject Property Deed and Plat and the Newtowne Plaza Condominium Declaration of Covenants, together with Bylaws (Attachment A), Sales History (Attachment B), List of Store Assets (Attachment C), an Audit of Inventory (Attachment D), and the Alcoholic Beverage License Application Package (Attachment E), and are available from the Office of the County Commissioners, Room 1103 - Worcester County Government Center, One West Market Street, Snow Hill, Maryland 21863.
H. After opening, proposals will be reviewed by staff and a recommendation of award will be made to the County Commissioners at a future meeting. In awarding the proposal, the Commissioners reserve the right to reject any and all proposals, waive formalities, informalities and technicalities therein, and to take whatever proposal they determine to be in the best interest of the County considering highest and/or best proposal, quality of goods and work, time of delivery or completion, responsibility of bidders being considered, or any other factors they deem appropriate.
I. All inquiries shall be directed to Maureen Howarth, County Attorney, at 410-632-1194.
5. OTHER REQUIREMENTS
A. Proposal Deliverables as defined in the RFP must be attached or proposal may be rejected.
B. Any exceptions or deviations from the specifications must be clearly noted on the Bid Form (attach additional pages if necessary).
Page 2 of3 C. The following documents are required to be completed in their entirety & signed:
1. Bid Form
11. Bidder's Information Sheet
D. The following documents are attached for informational purposes:
1. Attachment A - Subject Property Deed and Plat and the Newtowne Plaza Condominium Declaration of Covenants, together with Bylaws
11. Attachment B - Schedule of Revenues and Expenses for Subject Property over Past 5 Years
111. Attachment C - List of Store Assets for Subject Property
1v. Attachment D - List of Store Inventory for Subject Property*
* Please note that final store inventory will be similar to the list provided in Attachment D, but will be updated as of April 15, 2017 to reflect actual inventory in the store to be included in the Asset Purchase Agreement and again at settlement which is tentatively scheduled for May 19, 2017.
v. Attachment E - Alcoholic Beverage License Application Package
Page 3 of3 Bid Form
I have reviewed the specifications and requirements for purchasing the Shore Spirits Liquor Store in Pocomoke City, Maryland, located at 122 Newtowne Boulevard (Subject Property), and understand all of the terms and conditions related to this purchase. I hereby agree to purchase the Subject Property from the County Commissioners of Worcester County, Maryland (the County) on the projected settlement date of May 19, 2017.
Purchase Price for Subject Property and all Store Assets listed on Attachment C:
($ ______,
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.
I further agree to purchase all of the inventory remaining in the Subject Property on the date of settlement, which is projected for May 19, 2017, at the County's actual cost. In addition, I hereby propose to purchase said inventory at cost plus the following mark-up
Pocomoke - Additional Inventory Mark-Up= ------%
Proposal Deliverables as defined in the RFP must be attached or proposal may be rejected. Any exceptions or deviations from the specifications must be clearly noted on the bid form ( attach additional pages if necessary).
Exceptionsilleviations:------
BID MUST BE SIGNED TO BE VALID.
Date:------Signature:______
Typed Name: ______
Title:------Firm:------Address:------
Phone:------...... •...... •...... • . .••••....•....•..,...... [llis Fo!Ill Illl!St :131). C::C>lllpJ1itecl 1111d Illl!stA1:1:oD1pa11yJlle J>ropC>sal iii Ql"dlll" to l>!l Acceptl)cl
Purchase of Worcester County Shore Spirits Liquor Store in Pocomoke City, Maryland located at 122 Newtowne Boulevard, Pocomoke City, Maryland 21851
Bidder's Information Sheet (Attach additional sheets if necessary)
Name: Date: ------
Address: ------Phone: (Office) (Mobile) ______
Email: Fax: ------Questions: 1. D I have personally inspected the property. D I have not personally inspected the property. 2. I have owned or operated a retail liquor store or been significantly involved in operations of a retail liquor store as follows:
Name of Retail Liquor Store Approximate Dates Location Owned or Operated
3. I have owned or operated a retail store other than a retail liquor store or been significantly involved in operations of a retail store as follows:
Name of Retail Store/Type of Store Approximate Dates Location Owned or Operated
4. Please provide any additional information and details about your experience owning or operating a retail liquor store or other retail store which demonstrates your ability to successfully sublease the County liquor store (please add additional pages if necessary): 5. I have sufficient funds available (including borrowed money) and I am willing and able to commit to purchasing the Pocomoke City Retail Liquor Store on the projected settlement date of May 19, 2017
DYes DNo
6. I have sufficient credit available to post the required Good Faith Deposit Payment of $10,000.00 upon acceptance of my proposal by the County Commissioners on April 4, 2017.
DYes DNo
7. All bidders shall provide proof of credit worthiness and financial ability to purchase the Subject Property in Pocomoke City, Maryland. Please list below the forms of proof provided with your bid and attach those forms to your proposal.
The information provided on this sheet is vitally important to the County Commissioners in making the decision with respect to disposition of this property. Bidders may wish to and are invited to provide such additional information with respect to their experience and skills as may help the Commissioners in making a decision. The Bidder's Information sheet must be signed in order to be accepted.
Date Signature
Printed Name Attachment A Subject Property Deed and Plat and Newtowne Plaza Condominium Declaration of Covenants and Bylaws Pocomoke City Shore Spirits Location r·
THIS DEED, made this 23rd day of February, 2007, by and between the ROBERT D.
MASON (hereinafter referred to as "Grantor") and WORCESTER COUNTY LIQUOR
CONTROL BOARD (hereinafter referred to as "Grantee").
WITNESSETH: That for and in consideration of the sum of Five Hundred Forty-six
Thousand Dollars ($546,000.00) the Grantor hereby grants and conveys unto the Grantee, its
successors and/or assigns, the following described property; to-wit:
ALL that property lying and being situate in the First Election District, Worcester County, Maryland, within the City of Pocomoke, and being more particularly designated and distinguished as Condominium Units 101 and 102, Newtowne Square, together with an undivided percentage interest in the common elements thereof, as established pursuant to a Declaration of Covenants, together with Bylaws, made by Robert D. Mason dated February 21, 2007, and recorded among the Land Records of Worcester County, Maryland, in Liber SVH No. 4873, folio 368, et seq., and pursuant to the plats described therein entitled, "NEWTOWNE SQUARE CONDOMINIUM CENTER FOR "NEWTOWNE SQUARE" SUBDMSION, dated 7/25/06, made by George E. Young, ID, P.C., and recorded as aforesaid in Plat Book SVHNo. 217, folio I, et seq.
BEJNG a portion of the real estate conveyed unto Robert D. Mason by Deed from William K. Harris, Jr. and Wilson K. Barnes dated July 18, 1994, and recorded among the Land Records of Worcester County, Maryland, in Liber RHO 2108, folio 447.
TOGETHER with the buildings and improvements thereon and all and singular rights,
ways, roads, waters, privileges, appurtenances and advantages to the same belonging, or in
anywise appertaining.
TO HAVE AND TO HOLD the property hereby intended to be conveyed unto and to the
lAWOFRCEOF proper use and benefit of the Grantee, the sucf:JJS' £0 assigns of the Grantee, forever, in DAVID W. BODLEY 112 FRONT STREET
POCOMOKEClTY.1.40211151 fee simple. ' ZOOl MAR - I A 8: 50 .
(410) 05N»OO STEPHEN V. HALES CLK.CT.CT. WOR.CO
1/\IORCESTER COUN Y CIRCUl1 COURT (Land Records) {MSA CE 31~5053] Book SVH 4879, P- 0229. Piinted 12/28/2012. Online 05103/2007. •• UBER ~ 8 1 q FOLIO 2 3 0
AND the Grantor hereby warrants specially the property hereby conveyed and shall
execute such further assurances as may be requisite.
WITNESS the hand and seal of the Granter the day and year first above written.
-,,'K_J.j,rl-kl""""',._....""'-';tL-4-(l,.._._,h7'-l-Llc,""n-m:v:c12zc::._ __ (SEAL) Robert D. Mason
STATE OF MARYLAND, WORCESTER COUNTY, to wit:
I HEREBY CERTIFY, that on this~ day of February, 2007, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Robert D. Mason and acknowledged the foregoing to be his act and deed, and signed the same in my presence.
AS WITNESS my hand and Notarial Seal.
Slfl1W:Y B. FAU!ER · · NOTARY PUBLIC STATE OF MARYlAND .MY. Commiu\on Expire, Morch 12, 2008 My comnnss1on exprres:
TAXES PAID TO Pocomoke City TRANSFER TAX NOT REQUIRED FINANCE OFflCER July~'1 WORCESTER~MARVLAND By: ~;;_ '>~\ 5}f.) ~ ~~~-~,~~· E: WATER & SEWER PAID TO .£~.~= ' Pocomoke City By: ts.'.>,0 =>:8• >,;Q ,~t .&) '1'.XES FOR WHICH ASSESSMENTS LAWOFFICEOF HAVE BEEN RECEIVED ~,;./VE Qe~ DAVID W. BooLE'I' PAID AS OFTHIB MT£, o<, .3-'1 (0 1 11 :t FRONT :nl'IEET w.... 1111,c~nanoo Olfloor
POCOMOKE CITY, MD 218.$1 a~ ~3:: 1;~·c;r;Pr PGRSOI\I.~! P!iOPEflTY (410JG57-9900 2
WORCESTER COUN Y CIRCUIT COURT \land Records) [MSA CE 31-5053] BooK SVH 4879, p. 0230. Prlnled 1212812012. Online 05103/2007 /·~ ' . ' UBER 4 8 1 q FOLIO 2 3 I
I HEREBY CERTIFY that this instrument was prepa ed by or under the supervision of the undersigned, an attorney duly admitted to practice befor , e Court of A s o Maryland.
1r,pr1.1m'.i ,~. htm1,1.1H«; rt±. i:11,U!j IUl/\1. 4\1,WJ Nest J:llAA'. Kept t 4i:1:w~ oVH :/41~ 81!: i cc ttar· tlh cll!J( u~:ijo' a11
lAWOFFICEOF DAVID W. BODLEY 112 J'AONl' STREET POCOMOKE Cm', t,1021851 {410)057·0900 3
WORCESTER COUN CIRCUIT COURT (Land Record5) {MSA CE 31-5053} Book SVH 4879, p. 0231. Printed 12128/2012. OnHne 05103i2007 .. <~ ., , . FOLIO 2 3 2 .. ·, UBER~ 8 1 q
Certification of Exemption from Withholding Upon Disposition of Maryland Real Estate Affidavit of residence or Principal Residence Based on the certjfication below, Transferor claims exemption from the tax withholding requirements of §10-912 of the Tax-General Article, Annotated Code of Ma,yland Section !0-912 provides that certain tax payments must be withheld and paid when a deed or other instrument that effects a change in ownership of real property is presented for recordation. The requirements of §10-912 do not apply when a transferor provides a certification of Ma,yland residence or certification that the transferred property is the transferor's orincioal residence. J.4 'l'ransi:eror .1.n:corma1..1on 1"1ame o.i;; .. -an.... - ...... r Robert D. Mason ~. Kea.sons :i:or -XXemp"t;l.on Resident AAJt. r, 'l'ransteror, am a resiaeni:;; o;i; ...... e ~ ... ac.e 0.1. Jl1ary.1.anu. Status D Transferor is a resident entity under §10-912 (Al (4) of the Tax-General Article of the Annotated Code of Maryland, I am an agent of Transferor, and I have authority to sign this document on Transferor's behalf. Principal D Although I am no longer a resident of the State of Maryland, ~esidence the Property is in principle residence as defined in !RC §121.
Under penalty of perjury, I certify that I have examined this declaration and that, to the best of my k.nowledue it is d )e correct. and comnlete. I / 3a. Jlndividual Transferors " " . }:j{)~ ( A'~ 1( I . / -~ ·'P,~...Jf) mcv.,..e,v Witness f Robert D. Mason
Transferors
LAW OFFICE OF DAVID W. BoDLtY 112 FRONT STREET .. POCOMOKE CITY, MD 21'51
(o410) (157..(IOC'O MAR O1 2007 ne -•IDi flM fer . .. q IIIIW'lrmcml . ncord and i1 acc:ord1ilsly rceonlcd Worcester County, M~.., . IA~ ; WORCESTER COUN Y CIRCUIT COURT (Land Records} [MSA CF.i :-s. H , ' Pnn~i:i/2012. Onlme 05/03/2007 NEWTOWNE PLAZA CONDOMINIUMS TAX MAP 84 GRID 7 PARCEL 182 PHASE #3 LOT4 FIRST TAX DISTRICT \ WORCESTER COUNTY, MARYLAND \ ~... ?.,.~ \ ·~ NOlES: \ PARCEL 192 1) AN ABSTRACT Tm£ WAS PROVIDED ,;, PRIOR TO 11-JIS SURVEY. ROBERT 0. MASON 2) ALL UTILITIES ARE UNOERGROUNO 2109/447 OR AS SHOWN ON THIS SURVrr. 8Ul'Tc.-~ 3) SASEO UPON THE FEOERAl EMERGENCY ~~S / MANAGEMENT AGENCY MAP 240083 S 42:;5~(!_9" E 146.86'-- ~l.J}f~ ~~~t1sDA~,¥o1~fiorfilE k26. ------4) WATER ANO SEWER IS PROVIDED BY THE CITY OF POCOMOKE. ~· 5) ZONING- B-2 "===d-~ DRAINAGE/UTILITY SETBACKS: FRONT YARO- 25' .... EASEMENT REAR YARD- 20" SlDE YARD- 5" ,·.l.LU;.!ll!;n±. I,'$ 6) THE MAXIMUM IMPERVIOUS AREA WHICH CAN ll.l,i·ttlJ.'i:1,~ ,-,:,ij BE CONSTRUCTED WllHIN EACH STORMWAlER PH"-SE 3 JUlf.L 1~.w MANAG8,1ENT AREA IS 90:C. PARCEL 182 latiU.! 1,:,,, ~1·!1itl lHE REMAINING 10~ IS TO BE LANDSCAPED LOT 3 J;:i :;.\/~ ~JI:-; ~- VlllH \1::GETATION NATIVE TO lHE EASlERN ,;, t~i::.,il'.:: 1.s: \Jo;. SHORE. WE LANDSCAPE PLAN MUST BE APPROVED PEEBLES, INC. BY lHE ARCHllECTURAL REVIEW BOARD Of "THE 3647/518 NEWTO°M'IE SQUARE OM-!ERS ASSOCIATION ANO BY WE OTY OF POCOMOKE PLANNING & LEGEND ZONING BOARD. 15' VIIOE e - IRON ROD w/CAP SET DRAINAGE/UTILITY o - PROPERTY CORNER EASEMENT ~ AREA CHART • - CONCRElE MONUMENT FOUND SO.FT. ACRES REMAINING LANOS PARCEL 182 ~ UNITS"'" 101-108 12.150 0.28 ,;, ... - POLE LIGHT '.i! LIMITED COMMON 2 268 0.05 ROBERT D. MASON Q ... ..::: ~ COMMON AREA J2 948 2108/447 II TOTAL LOT AREA II 47 J66 ""1.09 ~ II NOTE: AREA FOR UNITS 101-108 INCLUDES FEE SIMPLE 1 AND COMMON AREAS ASSOOAlED 111TH EACH UNIT. • II • II l\j j;j SEE SHEET 2 FOR INDMDUAt. UNIT FEE SJMPLE AREAS. 0 II ~ ~------:;__ ~ 1:l c1rr··•:,,. *'--...... __ Cl ..... ~,_; i ,. a. :::::uc, - st,...... UJ I~ ~ • l fl~0.?°~'d7. -' m c.o~ LL w i~i-u ,5 ,h,1,.1a1.n, ... r-\th..RO ~ w ._.; ·;,,~ ..... 'UL-'-•. - TO ROUTE 756 i z; l'\E.wtoWNE. BC - WORCESlER COUNTY ENVIRONMENTAL PROGRAMS (50'Rf!tJ ~~ i'j UNITS 101-109 AS SHQ\lj!II HEREON ARE APPROVED AS BEING IN ...--:::: CONFORMANCE WITH THE WORCESTER COUNTY COMPREHENSJVE 10 DE..-.0 ENO WlE TA.BLE ;;.' WAlER AND SE\\£RAGE PLAN PROVIDING FOR CENTRAL WATER LENGTH BEARING , SUPPLY ./-ND CENTRAL SE'M::R !Jt_jE j ,, 5.00 j S35"05'J2"W " fr .J-~1-,7 ~--= t:· ~ CURVE -TABLE DATIC CURVE RADIUS CHORD !CHORD DIRECTION! 5 I _2:30,0_0 _ 20.37 01\NER/D.EYEL.OPER"S CcRTIFICATE -" N52"22"\0"W " -" 5000.00__ L __ 3_0.:4-5 NS4·«·oo·w 1 lHE SUBDIVISION OF LAND 51-lOMII ON lHIS PLA7 SURVEYOR'S CERTIFICATE ~-= IS \IIIW THE FREE CONSENT AND !N ACCORDANCE WIW 2 lHE OISIRES OF lHE OM.iER'S lHEREOF. I, GEORGE E. YOUNG, Ill, A REGIS"TERED LAND j GRAPHIC SCALE lHE LAND SHOM,1 HEREON HAS BEEN LAID OUT ANO SURVEYOR OF THE STATE OF MARYi.ANO, DO CERTIFY • PLAT lHEREOF PREPARED IN ACCORDANCE \IIITH l"HE THE LANO SHOWN HEREON HAS BEEN UJO OUT AND PROVISIONS OF REAL PROPERTY ARTICLE 3-108 OF PLAT THEREOF PREPARED IN ACCORDANCE WITH 11-JE s' lHE ANNOTATEO CODE OF MAR'l'l.ANO. PROVISIONS OF REA.L PROPERTY ARTICLE 3-108 :, =- ! r I r OF lHE ANNOTATED CODE OF MARYLAND. § (IIIF!XT) llneh-~O rt- ~~tcma..- ~ ROBERT11r --· ••D. ···--··MA:,UN DAIi:. 0 0 2206 ORCHARD DRIVE ~ POCOMOKE CITY, MAR'l'LANO 21051 PHONE:. {4I0)-6n-S6JI ~ J.{,c,~ ~ l).1S'/ "1183~/ 9COID"1~~ y~ 162.3' GENERAL COMMON 0.6' ELEMENT (t:,p.) LIMITED COMMON ELEMENT ,/ 6'.~DES1~.W( 6' / / / . / /, ,/ 28' ,L ,,_/ 2' 1.7' 1.7' ,,, 2' ,,, GENERAL COMMON ELEMENT (t:,p.) 0.6' ,, 0.5' I 0.5' I I 0.5' I o.5' I 0.6' 1.8' 2' .. -= UNITS UNIT UNITS i UNIT UNITS 107&108 106 I 104&105 "' I 103 I 101-&102 I\~ 40.1' 19.7' 39.5' ' 19.7' 40.1' "'~ I~ Cg-= ,,. AREA AAEA AAEA 2953 S.F.± AAEA 2' 1451 S.F.± 2908 S.f.± 1449 S.f.± -1 2954 S.f.± "'"' ,II,.-= 0.4' I 0.4' r.11-: 1.9' 1.6' 1.9' ,,. 1.5' 1.5' 22' ~ ~-= . ;r // ~<:,:.;:.~,· ;<>;-· // ti" ..-· ?//// ,//,.· /0 ,,/I ~ t'·., /""., -· / / ,/ // /· .. /. /// t//, ,· "~ B, ~ w l ./·/-// _/la.· 2t~< /-~/?:~,~;°-;;;1;: ,-:: //:.. ,Iii: ;./· /· / ,' //~ c·r111 ~ ;1,-, , [Li ·-o. :C<.>o ~~-.-, -~ LIMllEO COMMON COLUMN 'N GENERAL COMMON ELEMENT COMMON ELEMENT ~§i ELEMl:.NT (t)I).) 0.6' (T'l'P.) Ll... !!! 0.4' ·,:;; *<.> ~ c::J OENOTES UN!T ELEMENT OENOTES COMMON ELEMENT ~ FLOOR PLAN SCALE; 1·=1 o· j -~ DENOTES LIMITED COMMON ELEMENT ,,f " GRAPIDC SCALE 3 ~ k.---i i I J 5 ( IN fEEl' ) 8 llDcb-10 ft. I_,. 2 o, "~ ~ 0 11~4 c'.!.llt ol/57 7733'). ~ f',"?..G:,/5?> fl~ln ____ ----• EL 47.f TOP OF FASCIA l11!W'1,1II' 111' I 11 I'11111111111 1llll IIll II llih " "- •• ,. '"" "''"' AREA DESIGNATED TENANT SIGNAGE(tw.) COLUMN t I ~~~.:.~~.'._1~1- 1.EL 25.1' TOP OF FASCIA (t:,p.) :_·.::..2·:·,:r:.: T1 m-111EL 15.4' TOP OF FIELD STONE s~aiaa!,!-"'~fal....tJ?Z.,4'' FINISHED FLDDR WEST ELEVATION ~ 51.5' TOP OF ROOF "'• ...-:: ~ 1.,·" .. 42.3' TOP OF ROOF fil_. 36.9' TOP OF ROOF 1 .El- 36.6' TOP OF FASCIA II~ ·11 1 111 ~ rEL 32.4' TOP OF ROOF "' I! ! 11 I I lh1m111l11111111,1lf " 11 I 11 !I I! EL 25.1• TOP OF FASCIA ~-:: ~ EL 12.4' FINISIIEU FLOOR ~-:: 12.4' FINISHED FLOOR NORTH ELEVATION SOUTH ELEVATION !-! -:: ;~ f 5',S' ,oe 0, S'50A 47.7' TOP OF FASCIA ~; ~-= ~ .. M [3 '-', ~ 1 EL 42.3' TOP OF ROOF a ~~ ,~ 1 11 l..;J 0."' ~Uo ""'"-,i'R ,, 1' ~11111111111 !11111111 II II II I II I1 !I II l,:+;,,(,II I1 1111111 1I Ill II II 1'I II Ill II II ll1-r,-,.,__ >')-:<.., 1 l -'--'!<>:: N ~ I..!.-· ~d~ "' ~ ie " "'I" ,! w EL. 25.1' TOP OF FASCIA EL 25.1' TOP OF FASCIA ~ i ~ ~ EL 12.4' s~ FINISHED FLOOR ~ EAST ELEVATION 0 ~ UNITS 101-108 VERTICAL PROFILE § NO SCALE "' MD"30F3 ~ ~ J..!IA Cl.11 ~/S1 71 ~3 ·.3, '"·"" UBER 4 8 l 2 FOLIO 3 I 3 · DECLARATION OF NEWTOWNE PLAZA CONDOMINIUM . THIS DECLARATION OF CONDOMINIUM, ("Declaration"), made and entered into this 2. o day of r- ~ B , ~ by ROBERT D. MASON (hereinafter and in the Exhibits hereto sometimes called the "Declarant")~ ~ WHEREAS, the Declarant is the owner in fee simple of certain land and premises and the building constructed or to be constructed thereon and all appurtenances thereto (hereinafter called the property "Property") located in the County of Worcester, State of Maryland, and more particularly described in Exhibit "A". attached hereto and made a part of hereof; and WHEREAS, the Declarant desires to establish a Condominium pursuant to Real Property Article, Title 11, Section 11-101, et seq., of the Annotated Code of Maryland (1196) as amended (hereinafter called the "Act'') and it is the desire and intention of the Declarant to divide the Property into condominium units and to sell and convey the same subjects to the covenants, restrictions, uses, Hmitation, obligations, easements, equitable servitudes, charges and liens hereinafter set forth, each of which is for the benefit of the Property and the owners thereof from time to time; and . WHEREAS, prior to the recordation hereof the Declarant has filed for record in the Office of the Clerk of Circuit Court for Worcester County, Maryland, a certain plat.entitled NEWTOWNE PLAZA CONDOMINIUM, A PLANNED COMMERCIAL DEVELOPMENT, First Tax District Worcester County, Maryland", made by GEORGE E. YOUNG, III, P.C., Engineers and Surveyors revised__ _ (hereinafter referred to as the "Condominium Plat''), which Condominium Plat (consisting of __ sheets) is recorded in among the Larid Records of Worcester County, Maryland simultaneously herewith. NOW THEREFORE, the Declarant hereby submits the Property to the Provisions ofthAct...... (I')w •• ..J ARTICLE! ,=, N ~1:i-.: DEFINTJONS ~! ;:c:uo ! I r, 0. ·i-'<.J 0,,.-,..J >~ci. Unless the context shall plainly require otherwi~e, the fol_lowing words when u~-~djn thi~ (5 :,,:,!2 Declaration and any and all hereto, shall have the followmg meanmgs: •=--n a:, :r.:c:5> Ii_ tt'. (:j Section I. "Common" Elements" means both general common elements and lim'iiea comp:wn t elements, as hereinafter and on the Condominium Plat described and identified, and shall include CofthY' "E condominium except the condominium units. · .... "'8 Q) a:: Section 2. "Condominium" or "the condominium project" means the property subject to this "O C: Declaration. d Section 3. "Council of Unit Owners" means all of the unit owners in association. :::,ti: 0 Section 4. " Declarant" -shall mean and refer to ROBERT D. MASON and his successors and () assigns to whom any of the rights, reservations, easements, interest, exemptions, privileges or powers of the !:: :::, Declarant are specially assigned or transferred in writing. ~ Section 5. "Declarant Control Period" means the period of time beginning with. date of 0 recordation of this declaration and ending on the earlier of(i) fifteen (15) years after the date ofrecordation z~ of the Declaration, or (ii) recordation by Declarant ofa written instrument among the Land Records :::, expressing Declarant's express intention to terminate the Declara~t control Period. . 0 Section 6. "Eligible Mortgage Holder" means a holder, msurer, or guarantor of a i:nortgage on a () a:: Unit who has submitted a written request for notice from the Council of Unit Owners of amendments to the Condominium documents or other significant matters which would affect the interests of the mortgagee. UJ~ () a:: 0 I :s: l UBER 4 8 1 2 FOLIO 3 I 4 · Section 7 "Land Records" means the Land Records Maintained by the Clerk of Circuit Court for Worcester County, Maryland. Section 8. "Percentage Interest" means the individual ownership interest appurtenant to each Unit with respect to the (i) Common elements of the Condominium, and (ii) the Common Profits and Common Expenses of the Council of Unit Owners, as set forth in Article IV hereof. A schedule setting forth Percentage Interest appurtenant to the initial Units within Condominium is attached as Exhibit "C" hereto. Section 9 "Unit". "Condominium unit" or Building Unit" shall mean the eight (8) commercial Building Units as designated on the plats, together with all air rights above the units, as well as, all subsurface, mineral and water rights, and all other rights within and appurtenant to the units, and together will all other rights within and appurtenant to the units, and together with all of the rights, roads, ways, orders, privileges, appurtenances and advantages belonging thereto, or in any wise appertaining. The vertical boundaries shall be planes erected at right angles from mean sea level (1929 datum), coincidental with the unit lines in the metes and bounds description. The horizontal boundaries shall be erected parallel to mean sea level ( 1929 datum), and on the bottom at an elevation of feet and on the top at an elevation of (both based upon mean sea level {1919}). Section 10. "Unit owner" or "owner" means any person, group of persons, corpot'ation, partnership, trust or other legal entity, or any combination thereof, who holds legal title to a unit within the condominium; provided, however, that any person, group of persons, corporation, partnership, trust or other legal entity, or any combination thereof, who holds such interest solely as security for the performance of an obligation shall not be a unit owner by reason only of such interest. ARTICLEll CREATION OF CONDOMINJUM REGIME Section 1. Submission of Property to Act. The property, and all appurtenances thereto shall to be held, conveyed, divided, subdivided, leased, rented, occupied, improved, hypothecated and/or encumbered subject to the Act and the covenants restrictions, uses, limitation, obligations, easements, equitable servitudes, charges and liens (hereinafter sometimes referred to as "Covenants and Restrictions") herein set forth, including provisions of the Bylaws of the Council of Unit Owners ofNewtowne Plaza Condominium (the "Bylaws") (a copy of which is attached hereto and made a part hereof as Exhibit "B"), all of which are declared and agreed to be in aid ofa plan for the division of the Property into a Condominium pursuant to the Act, and all of which shall be deemed to run with and bind the land, and shall inure to the benefit of and en be enforceable by the Declarant and by any person acquiring or owning an interest in the Property, "E 8 including without limitation, any person, group of group, corporation, partnership, trust or other entity, or Q) any combination thereof, which holds such interest solely as security of the performance ofan obligation; 0:: provided, however, that the special rights, reservations, easements, interests, exemptions, privileges and "C: powers of the Declarant shall inure to the benefit of and be enforceable by only those successors and j assigns of the Declarant to whom any of the same have been specifically assigned or transferred in writing. :::,b: By the recordation of this Declaration, the Council of Unit Owners hereby assumes all liability, 0 responsibility and duty for the care, operation and maintenance of the Common Elements, and each Unit 0 t: Owner hereby assumes or agrees to assume all liability and duty for the care, operation and maintenance of :::, their respective Units, subjects, however, to any rights and/or obligations the Council of Unit Owners or · 0 0:: each Unit Owners or each owner Unit Owner may have pursuant to this Declaration and the Bylaws. 0 Further, the Council of a Unit Owners and each Unit Owner, on their behalf, and on behalfof their successors and assigns, hereby agrees to indemnify and hold Declarant, his successors and assigns harmless r::z from any loss, liability or damage (including attorney's fees and court costs) arising out of or resulting from :::, the failure of the Council of Unit Owners or each Unit Owners to care for maintain or properly operate the 0 0 Common Elements or Units, as applicable. 0:: w tii w 0 0:: 0 2 5 UBER~ 8 1 2 FOLIO] I S· . Sect~on 2. Description of the Units. The general description and number of each Unit, including Its area, location and such other data as may be necessary or appropriate for its identification is set forth on the Con~ominium 'Plat, a copy of which Condominium Plat is being simultaneously recorded with the · Declarat10n among the land records of Worcester County, Maryland (and by this references is made a part of hereof). Section 3. Name of Condominium. The name by which the Condominium shall be known is "NEWTOWNE PLAZA Condominium". . ARTICLE III COMMON ELEMENTS Section I. General Common Elements. The general common elements means all of the Common Elements except Limited Common Elements, and shall ( unless otherwise specially designated herein or on the Condominium Plat), include the following: (a) The property (other than units), landscaping and entrance features; and (b) The streets, roads, driveways, sidewalks, paths and parking areas (unless designated as part of a Unit or as a Limited Common Element pursuant to this Declaration or the Condominium Plat); and, (c) The components or installations of central services and utilities such as power, light, gas, water, sewer, telephone, and master antennae, including tanks, pumps, motors, fans, compressors, pipes, valves, controls or other similar equipment to be used in common by two (2) or more Units (unless designated as part of a Unit or as a Limited Common ·Element pursuant to this Declaration or the Condominium Plat); and (d) All Units which may hereafter be acquired and held by the Council of Unit Owners on behalf of all Unit Owners; and, (e) All other elements of common use or necessary to the Condominium's existence, upkeep and/or safety. Section 2. Limited Common Elements. The "Limited Common Elements" include those designated as such in this Declaration or on the condominium Plat. Unless otherwise designated in the Declaration or on the Condominium Plat, all portions of any building (other than the Units therein), including, without limitation, the fmmdation, bearing walls, perimeter walls, main wans, roofs, chimneys, columns, girders, beams, supports, telephone and electric ways of any building, shall be Limited Common Elements appurtenant to all Units within such building. All areas designated as Limited Common Elements are reserved for the exclusive use of the Unit Owner(s) of the Unit(s) to which they are declared to be appurtenant by appropriate designation in this Declaration or on the Condominium Plat, then the Limited Common Elements shall be appurtenant to Unit(s) to which they are adjacent or which they are rationally intended to serve and benefit. The right of the Unit Owner(s) to whose Unit(s) the Limited Common Elements are appurtenant to use and enjoy the same shall be subject to such reasonable rules and regulations (hereinafter called the "Rules") as the Board of Directors of the Council of Unit Owners may from time to time enact, and are further subject to each Unit Owner's responsibility to pay any charges imposed by the Board of Directors for the use and maintenance of such Limited Common Elements. Pursuant to the Act, the Council of Unit Owners may assess the costs incurred in maintaining, repairing or replacing any Limited Common Elements against the Unit(s) to which such Limited Common Elements are appurtenant. Section 3. Reserved Common Elements. Pursuant to Section l 1·109(d) (14) of the Act, the Board of Directors shall have the power, subject to the provisions of Section 11-125(£), to grant temporary revocable licenses in designated General Common Elements to any Unit Owner or lessee and to establish a reasonable charge to such Unit Owner or lessee for the use and maintenance thereof. The General Common Elements or portions thereof so designated shall be referred to as Reserved Common Elements. 3 UBER ~ 8 1 2 FOLIO 3 I b , S~ch designation shall be referred to as Reserved Common Elements. Such designation by the Board of Directors shall not be constructed as a sale of disposition of the General Common Elements or a re; designation of General Common Elements as Limited Common Elements. ARTICLE IV PERCENTAGE INTERESTS AND VOTING RIGHTS Section l. Percentage Interest of Units. Each unit shall have the same incidents as real property, and each Unit Owner shall hold the same in fee simple. The Percentage Interest appurtenant to each Unit represents (i) the Unit Owner's undivided ownership interest in the Common Elements of the Condominium and (ii) the Unit Owner's share of the Common Profits and Common Expenses of the Council of Unit Owners. The Percentage Interest appurtenant to each Unit is the quotient obtained by dividing the total square footage of that Unit (as indicated on the Condominium Plat) by the aggregate square footage of all Units within the Condominium (as indicated on the Condominium Plat). This quotient is then multiplied by one-hundred (100) to obtain the Percentage Interest appurtenance to such Unit. The Percentage Interest of any Unit may be slightly higher or lower than the figure obtained through the above formula for rounding purposes. A schedule setting forth the Percentage Interests appurtenant to the initial Units within the Condominium is attached as Exhibit "C" hereto. Section 2. Votes. Each Unit shall be entitled to one (I)' vote in the Council of Unit Owners. Section 3. Changes in Percentage Interest and Votes. Except as otherwise specially provided in this Declaration, the Percentage Interests heretofore described and votes herein established shall not be changed without the unanimous consent of all the Unit Owners and the mortgagees (as defmed in the Act) evidenced by an appropriate amendment to this Declaration recorded among the Land Records; shall not be separated from the Unit to which they appertain; and shall be deemed conveyed or encumbered with the Unit even though such Percentage Interest and/or votes are not expressly mentioned or described in the conveyed deed or other instrument. Subject to the provisions of the Bylaws of the Council of Uriit Owners and this Declaration, a Unit Owner may, pursuant to and in accordance with the Act, grant a part of his Unit to another adjoining Unit Owner and the part of the Unit Conveyed may be incorporated as part of such other, or may subdivide his Unit whereupon he shall reallocate the Percentage Interest and vote appurtenant to his Unit in accordance with the Act. ARTICLEV. CONVENANT AGAINST PARTITION: EASEMENTS: ENCROACHMENTS Section l. Covenant Against Partition. The Common Elements, both General and Limited, shall remain undivided and except as otherwise provided herein and in the Act, shall remain appurtenant to the "'1:! designated Unit. No Unit Owner or any other person shall bring any action of partition or division thereof 8 except as may be provided or herein and in the Act. (!}_ 'O C Section 2. Right to subdivide Building Unit/Creation of Condominium Regime. The Declarant .5 shall have the absolute right to subdivide the Building Units. Building Units may be divided by creating a b'. condominium regime within the Building Unit and in accordance with the Act. If a Building Unit is :::, divided into a condominium regime, the original percentage interest and votes appurtenant to the original 0 Building Unit shall be allocated to the resulting condominium units in accordance with the Act. Upon the u request of the Declarant, the Newtowne Plaza Condominium of Unit Owners shall execute the requisite !::: :::, amendment(s) to the Declaration and to the plats necessary to subdivide a Building Unit. The successors of u a:: the Declarant and/or the Architectural Control Committee. The Building Unit may be subdivided as 0 follows: Building Unit A- Not to exceed twelve (12) units :::,~ 0u Section 3. Encroachment. If any portion of the Common Elements now encroaches upon any a:: Unit, or if any 1.Jnit now encroaches upon any other Unit or upon any portion of the Conunon ~lements, as Ill a result of the construction, reconstruction, repair, shifting, settlement or movement of the Umts and/or t:i Illu a:: 0 4 5 • UBER 4 8 1 2 FOLIO 3 I l 1 .Common Elements, or if any such encroaches shall occur hereafter as a result of construction reconstruction, repair, shifting, movement or settlement, or otherwise, a valid easement for th~ encroachment and for the maintenance of the same exists so long as the encroaching Unit and/or common e)emen:s shall stand. In the event any Unit, and adjoining Unit, or any adjoining Common Elements shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or em!nent domain proceedings, and then constructed, reconstructed or repaired, encroachment or parts of the Umts and/or Common Elements resulting from such reconstruction; construction or repair shall be permitted, and valid easements for such encroachment and the maintenance thereof shall exist so long as the encroaching improvement shall stand. Section 4. Easements. (a) The Council of Unit Owners (though its Board of Directors, if applicable), its agents and employees, shall have an irrevocable right and an easement to enter Units to make repairs to Units or Common Elements when the repairs reasonably appear necessary for public safety or to prevent damage to other portion of the Condominium. Except in cases involving manifest danger to public safety or property, the Council of Unit Owners (or the Board of Directors, if applicable) shall inake a reasonable effort to give notice to the owner of any Unit to be entered for the purpose of such maintenance and repair. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Council of Unit Owners, if it is responsible for such damage, is liable for the prompt repair of such damage. An entry hy the Council of the Unit Owners through its Board of Directors, agents, and employees for the purpose specified in this section 3 (a) shall not be considered a trespass. An easement for mutual support shall exist in the Units and the Common Elements. (b) Each of the sidewalks, lanes, driveways, paved areas, roadways, and other General Common Elements, shall by subject to an easement in favor of all of the Unit Owners for reasonable and necessary pedestrian and vehicular ingress and egress to and from the improvements within the Property and to and from all public and private roadways and streets that service the Property. Each Unit Owner shall have a right of ingress and.egress to and from such Unit Owner's Unit. (c) There is hereby reserved unto the Declarant (and its successors and assigns to whom such easement has been specially assigned in writing) for the benefit of the Declarant and its agents a nonexclusive easement over, across and through all the property and common Elements for the purpose of access, the.storage of building supplies and materials and equipment in the Common Elements, and, without any limitation, for any and all purposes reasonably related to the completion of the construction, improvements and repair of the Property and the marketing, sales and leasing of Units. ARTICLE VI DECLARANT'S RIGHT TO RENT OR SELL UNITS Anything contained in this Declaration or the Bylaws of the Council of Unit Owners to the contrary notwithstanding, the Declarant shall have the right to transact any business on the Property and utilize any portion of the Property (including the Common Elements) necessary or desirable to consummate sales or rentals of Units, including, but not limited to, the right to maintain employees in the sales or rental office, and to show Units for sale or rent. The sales or rental office, the furniture and furnishings in the model Units, signs and all items pertaining to the sale or rental of Units by the Declarant shall not be considered Common Elements but shall remain the property of the Declarant. The right to consummate rentals of units and to maintain and start a rental or management office shall extend to any managing agent or rental agents employed by the nominees or designees of the Declarant. Such sales, rental ?r management office may also be utilized for the sale, rental or management or other property m the area. In furtherance of the rights granted Declarant in this Article VI, no act of omission or commission shall be taken by any Unit Owner, or the Council of Unit Owners, whic~, i~ the s~le dis~retion _of!he_ Declarant, would infringe upon the Declarant's ability to sell or rent Umts, mcludmg, without hm1tat1on, altering the design, location or appearance of any of the Common Elements, failing to ma~tain any portion of the Condominium in accordance with sound property management standards or otherwise detractmg 5 UBER 4 8 1 2 FOLIO 3 I 8 · from the aesthetic nature of the Condominium established by the Declarani. ARTICLE VII MISCELLANEOUS Section I. Construction and Enforcement. (a) The p'.ovisions hereof shall be liberally construed to achieve the purposes of creating a uniform plan for the operatmn of the Property as a·Condominium. Enforcement of this Declaration, the Bylaws attached hereto and the Rules shall be by the Declarant, and Unit Owner and/or the Council of Unit Owners or its Boar~ of Directors .by any p~ece?ing .at law or in equity against any person or persons violating any of the same, e1t~er to restram or enJom v,0Iat1on or to recover damages, or both, and against any Unit to enforce any hen created hereby; and the failure to forbearance by the Declarant the Council of Unit Owners or the Unit Owner of any Unit to enforce any of the Covenants and Re;triction herein or in the Bylaws or Rules shall in no event be deemed a waiver of the right to do so thereafter. The Unit Owners shall have the same rights of enforcement against the Council of Unit Owners as the Council of Unit Owners has against the Unit Owners (b) There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or any attempted violation or breach of any of the provisions of this Declaration, the Bylaws attached hereto or the Rules, as amended from time to time, cannot be adequately remedied by action at law or exclusively by recovery of damages. Section 2. Severability. Invalidation of any part of this Declaration by judgment, decree or order shall in no way affect any other provisions hereof, each of which shall remain in full force and effect. Section 3. Captions. The captions contained in this Declaration are for convenience only, are not a part of this Declaration and are not intended in any way to limit or enlarge the terms and provisions of this Declaration. Section 4. Amendments. This Declaration may be amended in accordance with the Act. Any amendment to this Declaration shall not become effective until such time as it has been recorded in the same manner as this Declaration among the Land Records. Any provision hereof to the contrary notwithstanding, the Declarant shall have the right, for the duration of the Declarant Control Period without the consent of the Unit Owners of any other party, or modify, amend or change any of the provision of this Declaration, the Bylaws and the Condominium Plat as the Declarant may deem necessary or desirable to correct errors or omission therein. "''E Section 5. Successors ofDeclarant. Any and all rights, reservations, easements, interests, 8 exemptions, privileges and powers of the Declarant hereunder, or any part of them, any be assigned or 0::"' transferred (exclusively or non-exclusively) by the Declarant to his successors and assigns (hereinafter 'O C: referred to as an "Assignee") by an instrument in writing. Unless expressly otherwise agreed between the d parties to any such assignment or transfer (I) the Declarant shall not assume or be responsible for any b.'. liabilities, warranties or obligation which have or may accrue to any such Assignee under this Declaration ::) or pursuant to law in cormection with such Assignee's development of any lot or parcel of land subject or to 0 be subjected to this Declaration, including, but not limited to any liabilities, warranties or obligation 0 concerning any Units, Common Elements of other improvements constructed, or to be constructed, by or !:: ::) on behalf of any such Assignee, and (ii) such Assignee shall not assume or be responsible for any 0 0:: liabilities, warranties or obligations which have or may accrue to the Declarant under this Declaration or 0 pursuant to law in connection with the development of any lot or parcel ofland subject, or to be subjected to this Declaration, including, but not limited to, any liabilities, warranties or obligation concerning any r'.=z Units, Common Elements of other improvements constructed, or to be constructed, by or on behalfofthe ::) Declarant. Any such written assignment or transfer shall specify that the Assignee has the obligation to 0 0 meet the registration and disclosure requirements of the Act regarding any Units, Common Elements of 0:: other improvements constructed, or to be constructed, by or on behalf of such Assignee. w tr.; w 0 0:: 6 ~ UBER ~ 8 1 2 FOLIO 3 I q 1 Section 6. Declarant Reserved Rights. No amendment to this Declaration or the Bylaws may re~?ve, revoke, modify of amend any of the rights, reservations, easements, interests, exemptions, pnvdeges or powers of the Declarant hereunder without the prior written consent of the Declarant. Section 7.. Declarant's Power of Attorney. The Declarant hereby re~erves for itself, its successors, transferees and assigns, for the duration of the Declarant Control Period, or until he conveys title to the last Unit, whichever occurs first, the right to execute on behalf of all contract purchasers, Unit Owners, Eligible Mortgage Holders, mortgagees, and other lien-holders or parties claiming a legal or equitable interest in the Condominium, any such agreements, docwnents, amendments or supplements to this Declaration, the Bylaws or the Condominium Plat which may be so required by the Federal National Mortgage Association, the Federal Housing Administration,, the Department of Veterans Affairs, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association or by any governmental agency having regulatory jurisdiction over the Condominium, or institutional lender or title insurance company designated by the Declarant. · (a) By acceptance of a deed to any Unit or by the acceptance of any other legal or equitable interest in the Condominium, each and every such contract purchaser, Unit Owner, Eligible Mortgage Holder, mortgagee or other lien-holder or party having a legal or equitable interest in the Condominium does hereby automatically and irrevocably name, constitute, appoint and confirm the Declarant, his successors, transferees and assigns as their attorney-in-fact for the purpose of executing such agreement, document, amendment, supplement and other instrument(s) necessary to affect the foregoing subject to the limitation set forth herein. (b) No such agreement, document, amendment, supplement or other instrument which adversely affects the value or substantially alters the floor plan of a Unit, or changes the Percentage Interest appurtenant to such Unit, or substantially increases the financial obligation of the Unit Owner, or reserves any additional or special privileges for the Declarant not previously reserved, shall be made without the prior written consent of the affected Unit Owner(s) and all owners ofany mortgage(s) encumbering, the Units(s) owned by the affected Units Owner(s) and all owners of any mortgage(s) encumbering the Unit(s) · owned by the affected Unit Owner(s). Any such agreement, document, amendment, supplement or instrument which adversely affects the priority or validity of any mortgage which encumbers any Unit shall not be made without prior written consent to the owners of all such mortgages. (c) The power of attorney aforesaid is expressly declared and acknowledged to be coupled with an interest in the subject matter hereof and the same shall run with the title to any and all Units and be binding upon the heirs, personal representatives, successors, transferees and assigns of any of the foregoing parties. Further, said power of attorney shall not be affected by the death or disability of any principal and is ~ intended to deliver all right, title and interest of the principal in and to said power or attorney. Said power "'8 (I) ofattorney shall be vested in the Declarant, his successors, transferees and assigns until the initial 0:: conveyance of all Units Planned to be within the Condominium or the expiration of same. -c, C: d Section 8. Extraordinary Actions. Although the Board of Directors shall generally have broad powers to regulate, govern and manage the Condominium, the power to approve certain Extraordinary ~ :::, Action (as defined below) shall remain vested in the Council of Unit Owners. Any provision of this 0 Declaration or the Bylaws to the contrary notwithstanding, the Board of Directors shall not be authorized to 0 take any Extraordinary Actions without the affirmative vote of Unit Owners representi~g not less that sixty· t: :::, seven (67%) of the Unit Owners present, in person or by proxy, and voting at any meet,.ng of the . ~ Association. Extraordinary Actions shall also require the approval of the Declarant durmg the Declarant c3 Control Period. As used herein, the Tenn "Extraordinary Actions" shall mean any and all actions taken by or on behalfofthe Council of Unit Owners, including, without limitation, commencing or maintaining any z~ litigation, arbitration or similar proceeding (except for routine common expense collection matters: or . :::, actions required to enforce the restrictions on use of Units, rules or architectural controls set forth m Article 0 0 V of the Bylaws) which would reasonably require the expenditure offun~s !" excess of Fifteen Tho~sand . 0:: Dollars ($15,000.00) in the aggregate during any fiscal year of the Assoc,ation. However, Extraordmary Actions shall not be deemed to include actions by the Council of Unit Owners in connection with the w~ 0 0:: 7 ~ UBER 48 1 2 mun 3 2 0 i normal care, upkeep, repair, maintenance or replacemenrofany of the existing common elements including the establishment and utilization ofreserves for the repair or replacement of existing C;mmon Element~. ~uch actions with respect to the normal care, upkeep, repair, maintenance or replacement of any of the ex1stmg Common Elements shall be subject to Article V, Section 2, 3 and 4 of the Bylaws. Each planned expenditure of more than Fifteen Thousand Dollars ($15,000.00) shall require the aforesaid consent of Unit Owners representing not less than sixty-seven (67%) of the Unit Owners present, in person -or by proxy, and voting at any meeting of the Association, and the Declarant during the Declarant Control Period. Section 9. Consent for Construction, Development and Expansion: Grant of Power of Attorney. Each Unit Owner and the Council of Unit Owners shall cooperate fully with the Declarant, and his designees, in the construction of the Condominium and the development of the Property. Without limiting the generality of the foregoing, to the extent tl1at the Declarant requires any consents, approvals, easements or other rights or information from the Unit Owners or the Council of Unit Owners in order to fulfill any requirements imposed by any state or local government or quasi-governmental agencies (in connection with any property being developed by the Declarant) each Unit Owner and the Council of Unit Owners hereby agree to provide such consents, approvals, easements, rights and information to the Declarant, provided however that (I) all costs reasonably related to providing same shall be borne by the Declarant, and (ii) providing such consents, approvals, easements rights or information shall not materially and adversely interfere with the use or operation of the Condominium. Each and every contract purchaser, Unit Owner, Eligible Mortgage Holder, mortgagee, and other lien-holder or party claiming a legal or equitable interest in the Condominium does hereby automatically designate and irrevocably name, constitute, appoint and confirm the Declarant, his successors, transferees and assigns, as their attorney-in-fact with respect to any consents, approvals, easements, rights or information that the Declarant may require from such parties in order to obtain and consent, approval, permit or the like from any governmental or quasi-governmental authority in order to construct Condominium or otherwise develop the Property or any property owned by the Declarant adjacent, contiguous or in proximity thereto. Each Unit Owner and the Council of Unit Owners hereby agrees to cooperate fully with the Declarant, and his designees, in any development plans of the Declarant with respect to the Property of any property situated adjacent, contiguous or in proximity thereto. Section 10. Commercial Use. All units shall be used for commercial purposes only. Section 11. Perpetuities. If any of the covenants, restrictions or other provisions of this Declaration, the Bylaws or Condominium Plat shall be unlawfully void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England. Section 12. No Representations or Warranties. Any provision of this Declaration, the Bylaws or ihe Condominium Plat to the contrary notwithstanding, the Declarant makes no representation or warranty whatsoever, whether express or implied, regarding the Units, Common Elements, buildings or other improvements within the Property and the Developer has not authorized any other party to make any such representation or warranty. THE DECLARANT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL · WARRANTIES WHATSOEVER WITH REGARD TO TIIE UNITS, COMMON ELEMENTS, BUILDINGS AND OTHER IMPROVEMENTS WITHIN TIIE PROPERTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR MERCHANT ABILITY, HABIT ABlLITY OR FITNESS FOR A PARTICULAR PURPOSE, subject to the requirements of Annotated Code of Maryland Real.Property, Article, Section 11-131 as it applies. Section 13. Exhibits. All exhibits attached to this Declaration are hereby incorporated in and made a part of this Declaration. IN WITNESS WHEREOF, the Declarant has caused this writing to be executed and delivered in its name and on its behalf on the day and year first above written. 8 UBER ~ 8 1 2 FOLIO 3 2 I , WITNESS/A ITEST: r-.: ~ 0 ¢:fib&~ Cl (SEAL) ~ Ko-lL...J" /)?.eu..,,.., ~ ROBERT D. MASON i,;; o· -c, Q) STA TE OF MARYLAND, COUNTY OF WORCESTER, TO WIT: ·cc 0.. ,.._ 0 ~ f::' 81 Q) j5 AS WITNESS my hand and official seal. l"' My Commission-Expires: 7-J ·). o o?, 0'* i l.01 ~ DECLARANT'S CERTIFICATION C') UJ 0 -0::1 (f) ::;;; Wl1NESS/A ITEST: ROBERT D. MASON 'in 'E 8 Q) 0:: -c, ,:: j ti: ::J 0 0 !::: ::J ~ c3 z~ ::J 0 0 0:: UJ ~ UJ 0 0:: i 9 LIOfRij 812 FOUD3 2 2 · EXHIBITC NEWTOWNE PLAZA CONDOMINIUM SCHEDULE OF PERCENTAGE INTEREST AND VOTES UNIT DESCRIPTION PERCENTAGE INTERESTS VOTES 101 12.5% 1 102 12.5% 1 103 12.5% I 104 12.5% 105 12.5% I 106 12.5% I 107 12.5% I 108 12.5% _1 100% 8 . Plats recorded in Liber SVH 216 Folios 74 thru 76 ...... ,~.~~.-, .. ~; .-.·· - : ·.,.'°'"" 1111' rU iitltit i c~.lll'J Kt.L:JJKlllf' rt!:. /J,l!IJ IUIAL :t,:;.~~ Ke!lf ~ Kept i 411k.-'::f ti\lli ;54tli BW t Nb reti tfl, eo.lllr l1i!::!4 PID JO -- EXHIBlTB BYLAWS OF COUNCIL OF UNIT OWNERS NEWTOWNE PLAZA CONDOMINilJM ARTICLE I PLAN OF CONDOMINIUM OWNERSHIP Section I. The Condominium. The property described on Exhibit "A" to the Declaration bas been established as a Condominium p=nant to the Act These Bylaws are attached to and made pm offue Declaration as Exhibit "B" and are Intended by the Declarant to set forth, among other things, a plan by which the affairs of the Condominium shall be administ~ed and governed by fue Council of Unit Owners and its Board of Directors pursuant to the Act. Section 2. Definitions. In these Bylaws, all words shall have the same meanings as designated in the Declaration unless otherwise apparent from the context. Section 3. Applicabilitv of Bylaws. The provisions of these Bylaws are applicable to the Association and to the Condominium. All present and future Unit Owners, lessees and occupants of Units, and any other persons who may use the Condominium in any manner, are subject to these Bylaws, the Declaration and the rules and regulations (hereinafter called the ''Rules") from time to time promulgated by the board ofdirectors (hereinafter called the "Board of Directors" and each member thereof is a "member" of the Board of Directors or a "Director") of the Association. The acceptance of a deed of conveyance to a Unit shall constitute an agreement that these Bylaws, the Rules and the provisions ofthe Declaration, as they may be amended from time to time, are accepted, ratified and con:firmed by the Unlt Owner. ARTICLE JI COUNCIL OF UNIT OWNERS Section I. Purpose and Status of Association. The purpose of the Association shall be to operate and maintain the Condominium for the benefit of Unit Owners and to exercise the powers conferred upon it by the Act an these Bylaws. The Association shall be an unincorporated entity. Section 2. Name and Mailing Address. The Association hereby organized and formed for purposes set forth above shall be known as "Council of Unit Owners ofNewtowne Plaza Condominium." Unless changed from time to time by fue Board of Directors, the office and mailing address of the Association of the Board of Directors shall be the same as the managing agent for the Association. Section 3. Powers of the Assocjation. Except as may be otherwise provided by law or by the Declaration or these Bylaws, the Association shall have all of those powers enumerated in Section 1 l-!09(d) of the Act. All powers residing in the Association, except for such as are in the Ac~ the Declaration or these Bylaws expressly reserved to the Association, shall be delegated to and exercised by the Board of Directors on behalf offue Association. Any provision of the Declaration or these Bylaws to the contrary notwithstanding, the Association's power to commence and maintain any litigation, arbitration or similar proceeding, including, without !imitation, the power to sue or be sued, complain, defend, or intervene in litigation or administrative proceedings, shall be limited to litigation, arbitration or similar proceedings in the Association's own name on behalf of itse~ and the Association shall not have the power or authority to commence or maintain any such.litigation, arbitration or similar proceeding in the name or on behalfof any ofthe individual Unit Ownern. This Section shall not be amended except with fue consent of Unit Owners having not less than sixty-seven(67%) offue total authorized votes ofall Unit Owners, as noted on the plans designed by AES Architects project number 05150 and with the approval oftl!e Declarant dnring ·-· the Declarant Control Period. _Section 4. Members. The Association shall have as its members every person, group of person, corpo~tio~ partne~hip, ~ or other legal entity, or any combination thereat; who or which owns a Unit (herein) collO Section 5. Annual Meetings. Within sixty (60) days from the date that deeds to Units representing fifty percent (50%) ofthe votes in the Association have been delivered by the Declarant and title closed thereon, the Declarant shall notify the Unit Owners and a meeting of the Association shall be held for the purpose of electintt members of the Board ofDirectors. Notice of such meeting shall be given in accordance with the prov:isions of Section 8 of th.is Article II. Subsequent annual meetings of the Association should be held on the same date of each year as the first annual meeting, unless such date shall occur on a Saturday or Sunday or holiday, in which event the meeting shall be held on the next succeeding Monday which is not a holiday. Subsequent annual meetings of the Association shall be held for the purpose of electing Directors to succeed those whose terms shall have expired as of the date of such annual meetings, and for the transaction ofsuch other business as may come before the meeting. Section 6. Special Meetings. It shall be the duty of the President of the Association to call a special meeting of the Association (a) if so directed by the resolution of the Board of Directors, or (b) upon a petition signed and presented to the Secretary of the Association by Unit Owners having not less than fifty percent (50%) of the total authorized votes of all Unit Owners: provided, however, tbai except on resolution of the Board of Directors, no special meetings shall be called prior to the first annual meeting ofthe Association except such as shall have been stated in the notice of thereof. Section 7. Place of Meetings. Meetings ofthe Association shall be held at the principal office of the Association or at such other suitable place convenient to the greatest number of Unit Owners as may be designated in the notice of meeting by the Secretary. Section 8. Notice ofMeetinw;. It shall be the duty of the Secretary to provide notice of each annual or special meeting of the Association at least ten (IO) days, but not more than ninety (90) days prior to such meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Unit Owner ofrecord, at his address shown on the roster (hereinafter called the "Roster") required to be kept pursuant to Section I l-109c) ofthe Act. Ifthe purpose of any meeting shall be to act upon a proposed amendment to the Declaration or to these Bylaws, the notice ofmeetintt shall be mailed at least thirty (30) days prior to such meeting. The mailing ofa notice of meeting in the mann~r provided in this Section shall be considered service ofnotice as of the date of.such malling. In addition to the mailing of notice of each annual and special meeting, notice may be personally dehvered to each Unit Owner at hls or her address as shown on the Roster. Service ofnotice.shall be proven by affidavit of the person serving such notice. Attendance by a Unit Owner at a meeting in person or by proxy shall constitute waiver of notice of the time, place and purposes of such meeting. AU meetings of the Association, shall be held at places and times convenient to the greatest nmnber of Unit Owners. Section 9. Adjournment of Meeting. Ifany meeting of the Association cannot be held because of quorum of members has not attended, a majority of the Unit Owners may adjourn the meeting and coll for an additional meeting provided at least fifteen ( 15) days notice of the time, place and purpose of the additional meeting is given to all Unit Owners. Section 10. Order ofBusiness. The order ofbusiness at all meetings oftbe Association shall be as follows: (a) Roll call. (b) Proof ofnotice ofmeeting. (c) Reading of minutes of preceding meeting. 2 '· ( d) Reports ofofficers. (e) Report of Board of Directors. (f) Reports of committees. (g) Appointment of inspector of election (when so required) (h) Nomination ofDirectors from the floor (when so required) (i) Election of members of the Board ofDirectors (when so required) G) Unfinished business. (k) New business. In case ofa special meeting, items (a) through (d) shall be applicable, and thereafter the aaenda0 shall consist of the items specified in the notice ofmeeting. Section I I. YQ!mg. Each Unit OWner, or, subject to the proxy limitations set forth below, some person designated by such Unit Owner to act as proxy on his behalf (and who need not be a Unit Owner), shall be entitled to · cast the vote appurtenant to his Unit at all meetings of the Association. The designation of any such proxy shall be made in writing and filed with the Secretary, in a form approved by the Board of Directors, which approval may not be unreasonably withheld, before the appointed time ofeach meeting. Each proxy shall be revocable at any time by written notice to the Secretruy by the Unit Owner who so designated the proxy, and shall automatically e"P.ire one hundred eighty (180) days following its issuance unless granted to a mortgagee or Jessee. Proxies may be utilized to establish a quorum pursuant to Section 15 of this Article II and may be utilized to vote on any other matter at the meeting of the Association; provided, however, that an undesignated proxy may not be utilized to vote for nominees to the Board of Directors ofthe Association. In the case ofa Unit which is owned by more than one person or entity, any or all ofsuch owners may be present at any meeting ofthe Association and (those constituting the group acting unanimously) may vote or take any other action as a Unit Owner, either in person or by proxy. A fiduciary shall be the voting member with respect to any Unit owned in a fiduciary capacity. Where title to a Unit is in more than one person or entity, such multiple owners shall be entitled to cast, in the aggregate and as a single block, the vote allocated to the Unit If such multiple owners shall be unable to agree upon their vote upon any subject at any meeting, they shall either designate a third party to cast their vote or shall lose their right to vote on such subject, but if all of them shall not be present at a meeting, either in person orby proxy, the collective vote of the one or more persons shall be the vote of all the owners of the Unit. Whenever the vote ofthe Unit Owners at a meeting is required or permitted to be taken by any provisions of the Act, the Declaration or by these Bylaws, the meeting and vote of Unit Owners may be dispensed with if all the Unit Owners who would have been entitled to vote thereat upon the action, if such meeting were held, consent in writing to such action being may be taken. No Unit Owner shall be entitled to vote at a meeting of the Association unless and until he (1) shall have furnished the Association with Ws !lllllle and current mailing address and the name and current mailing address of his mortgagee(s), if any, for listing on the Roster in accordance with Section I 1-109©) of the Act, (2) has provided a copy of and lease agreement entered into with respect to his Unit in accordance with Article V, Section 1S(g), of these Bylaws, and (3) is current in the payment ofthe monthly installment of his assessments in accordance with Article V, Section 6, of these Bylaws. Section 12. Absentee Ballots. Absentee ballots may be utilized for purposes of(!) establishing a quorum pursuant to Section IS of this Article II, (2) voting for Board of Director nominees listed on the absentee ballot or written in by the absentee Unit Owner, and (3) voting for any other matter as set forth on the absentee ballot Any unsigned absentee ballot, to be valid, shall be received in a signed, sealed envelope bearing the identification of the dwe!ling uoit and proponiona! voting percent, if any, on the outside, and shall be opened only at a meeting at which · all candidates or their delegates have a reasonable opportunity to be present. 3 ·- Section 1.3. Open Meetings. All meetings of the Association shall be open to all Unit Owners and their agents (an_d ~ther mterested J:arties in the ~iscrction of the Board of Directors or as required by Jaw). Meetings of th; Asso_ciation may?" held m closed session for the purposes set forth in Article ID, Section 9(a) and in accordance with Article III, Section 9(b) of these Bylaws. Section 14 .• Majoritv of the Unit Owners. As nsed in these Bylaws, the tenn "majority ofthe Unit Owners" shall m~ those Umt Owners having more than fifty percent (50%) of the total authorized votes ofall Unit Owners present, m person or by proxy, and voting at any meeting of the Association. . . Section IS. Quorum, Except as otherwise provided in these Bylaws or in the Act, the presence in person or by proxy of Unit Owners having more than twenty-five percent (25%,) of the total authorized votes of all Unit Owners constitutes a quorum at all meetings of the Association. Section 16. Majority Vote. The vote ofa majority of the Unit Owners shall be binding upon all Unit Owners for all purposes except where in the Declaration, under the Act or pursuant to these Bylaws a higher percentage vote is required. Section 17. Liquidation Rights. In the event of any voluntary or involuuta:ry dissolution· ofthe Association, each Unit Owner shall be entitled to receive out of the assets of the Association available for distribution to the members thereof an amount equal to his Percentage Interest in the Common Profits and Common Expenses of the Association. ARTICLEm BOARD OF DIRECTORS Section 1. Number and Qualification. The affairs of the Association shall be governed by Board of Directors acting on behalf of the Association. Until the 15,:st annual meeting of the Association as provided for in Article II, Section 5, of these Bylaws, and thereafter until their successors shall have been appointed or elected in accordance with these Bylaws, the Board ofDlrectors shall consist of three (3) Directors to be appointed by the Declaranl Thereafter, the Board of Directors shall be composed of an uueven number of not less than three (3) or more than seven (7) Directors, who shall b~ appointed by the Declarant or elected by the Unit Owners in accordance with these Bylaws. To qualify for election, Directors must either be Unit Owners or designees of the Declarant (for the duration of the Declarant Control Period). Prior to expiration of the Declarant Control Period the number of Directors shall be detcnnined from time to time by the vote of a majority of the Unit Owners at any annual or special meeting of the Association, subject to the limitations stated in this Section. Any change in the number of Directors made pursuant to this Section shall not operate to curtail or extend the tenn of any incumbent member. Section 2. Powers and Duties. The Board of Directors shall have and shall exercise the powers and duties of the Association as set forth in Article II, Section 3 hereo~ and may do all such acts and things except as by Jaw or by the Declaration or by these Bylaws may not be, or have not been, delegated to the Board of Directors by the Unit Owners. Without limiting the generality of the foregoing, the Board of Directors' powers shall include all of the follovling: (a) Operation, care, upkeep and maintenance of the Common Elements. (b) Determination of the common expenses required for the affuirs of the Association. (c) Collection of the comrnon charges and expenses from the Unit Owners. (d) Employment and dismissal of the personnel necessary for the maintenance and operation ofthe Common Elements (e) Opening ofbank accounts on behalf of the Association and designating the signatories required 4 therefore. (f) ~~ing ofUnits at foreclosure or other judicial sales in the name of the Board of Directors, or its des,gnee, corporate or otherwise, on behalf of the Association. (g) Making ofrepairs, additions, replacements and improvements to or alterations of the Common Elements in accordance with the other provisions of these Bylaws after damage or destruction by fire or other casualty, or as a result ofa condemnation or eminent domain proceedings. (h) Enacting uniform Rules from time to time which govern the use and operation of the Condominium, as well as the conduct and the enjoyment of all the Unit Owners; provided, however, that such RUies are adopted in accordance with the Act and Article V, Secti9n 16, of these Bylaws or the Declaration; and provided further that no such RUies shall be so construed so as to impair in any manner the lien ofany mortgage or deed of trust with respect to any Unit and/or the Common Elements if such Rules are promulgated after the recordation ofsaid mortgage or · deed of 1rust. · (i) Enforcing obligations of Unit Owners, allocating common profits and common expenses, if any, and doing anything and everything else necessary and proper for the sound management of the Condominium.. In this connection, the Board of Directors shall have the power to enforce the provisions of the Act, the Declaration, Bylaws and Rules and, ifp=itted, an opportunity to be heard is given pursuant to the Act Collection offines may be enforced against the Unit Owner or Unit Owners involved as if the fines are a common charge owed by the particular Unit Owner or Unit Owners. Where a Unit Owner persists in violating the Rules, the Board of Directors may . require hiro to post a bond, satisfactory to it, to secure future compliance with the Rules. OJ Controlling the use ofall Common Elements, including, but not limited to, designating parl (k) Establishing reasonable reserve funds for emergencies and unforeseen contingencies and for the repair and replacement of Common Elements. (l) Commencing any litigation, arbitration or similar proceeding; provided, however, that any such litigation, arbitration or similar proceeding (except for routine common expense collection matter.;, or actions required to enforce the restrictions on use of Units, Rules, or architectural controls set forth in Article V of these Bylaws) shall be approved in each instance by affirmative vote ofUnit Owners representing not less than sixty-seven percent (67%) of the Unit Owners present, in per.;on or by proxy, and voting at any meeting in the Association, and by the Declaraot during the Deciaraot Control Period. The foregoing provision shall not be amended except with the consent of Unit Owners having not less than sixty-seven (67%) ofthe total authorized votes ofa!I Unit Owners, and with the approval ofthe Declarant during theDeclarant Control Period. (m) Generally, to exercise the power.; ofthe Association set forth in the Act, the Declaration and Bylaws and to do every other act not inconsistent with the law, which may be appropriate to promote and attain the purposes set forth in the Act, Declaration aod Bylaws. Section 3. Managing Agent The Board of Directors may employ for the Association a professional managing agent at a compensation established by the Board of Directors. All management agreements entered into · on behalf of the Association shall (a) be fora term not in excess ofone (I) year, (b) provide that either party may tenninate the agreement, without cause, upon ninety (90) days written notice, without a termination fee (except that management agreements eotered into while the Declaraot is.in control of the Association shall be terminable without cause on thirty (30) days written notice), (c) provide that the Board of Directors may, for cause, terminate such agreement upon thirty (30) days written notice (without a termination fee) and (d) provide forr.enewa! upon agreement by the parties for successive one (!)-year periods. 5 Section 4. Election and Tenn of Office. The Directors of the Association appointed by the Declarant in accoi:dance with Arti~le. III, Sectio~ I, above shall hold office at the pleasure of the Declarant until the first annual meeti!lg ofl?e Association~ 1:roVIded for in Article II, Section 5, ofthese Bylaws. Commencing with the first annual meeting_ ofthe Association ~d for the duration ofthe Declarant Control Period, a majority ofthe members of the Board ofDirectors shall be appomted by the Declarant and the remai:nmg member or members of the Board sbail be elected by the Unit Owners. Following expiration of the Declarant Control Period, all members of the Board of Directors shall be elected by the Unit Owners. Commencing with the first meeting of the Association, the teaas of offic~ of the members ofthe Board of Directors shall be fixed at three (3) years. Tn the alternative, at any annual meetmg of the Association following expiration of the Declarant Control Period, the majority ofthe Unit Owcers may vote to establish the tenn of office for all Directors to be for a period of less than three (3) years or to establish staggered terms for the Directors of from one (l) to three (3) years. Any change in the term of offic; of Directors made pursuact to this Section shall not operate to curtail or extend the tenn of office of any incumbent Director. Each Director shall hold office until the next meeting ofthe Board of Directors following the appointment or election of his or her successor. However, a member of the Board of Directors shall be deemed to have resigned whenever such Director, his or her spouse, firm, coq,oration or other entity he or sbe is associated with, sells the Unit which qualified such individual to become a member of the Board of Directors. All election materials prepared with Association funds shall list candidates in alphabetical order and shall be elected by secret ballot. At each election of members to the Board of Directors the Unit Owners or their proxies may cast, with respect to each vacancy, as many votes as they are entitled to exercise pursuant to the provisions ofthe Declaration and these Bylaws, subject to the Declarant's right to appoint a majority of the members of the Board of Directors for the duration of the Declarant Control Period, as provided herein. Section 5. Nominations. A cal1 fornominations for candidates for the Board of Directors shall be sent to all Unit Owners not less than forty-five (45) days before notice ofan election is sent. Only nominations made at least fifteen (15) days before notice ofan election shall be listed on the election ballot. Nominations may also be made from the floor at the meeting at which the election of the members ofthe Board of Directors is held. Section 6. Removal ofMembers of the Board ofDirectors. At any regular or special meeting of the Association after the :first annual meeting ofthe Association, any one or more of the members ofthe•Board of Directors elected by the Unit Owners may be removed, with or without cause, by Unit Owcers ha'1ng not less than fifty percent (50%) of the total authorized votes of all Unit Owcers; provided that any Director appointed or elected by the Declarant may be removed only with the consent of the De~larant. Any member of the Board of Directors whose removal has been proposed by the Unit Owners shall be given an opportunity to be heard at the meeting. The term of office ofany Director who becomes more than forty-five (45) days delinquent in the payment of common charges against the Unit of which he or she is the owner shall automatically terminate on the forty-sixth (46"') day, and his or her successor shall thereupon be appointed by the remailling Directors to fill out the unexpired portion of such Director's term. The Declarant may remove any member of the Board ofDirectors appointed or elected by the Declarant, at any time, with or without cause, by written notification to the Board of Directors specifying the date of such removal and the name of the individual designated to succeed the Director so removed. Section 7. Vacancies. Except with respect to Directors appointed or elected by the Declarant, vacancies on the Board of Directors shall be filled by vote ofa majority of the remaining Directors at a special meeting of the Board of Directors held for that purpose promptly after tho occurrence of any such vacancy, even though the Directors present at such meeting may constitute less thao a quorum, and each person so elected shall be a member of the Board of Directors for the remainder of the term ofthe predecessor Director, and until a successor shall be elected at the next annual meeting of the Association. Members of the Board of Directors appointed or elected by the Declarant shall serve at the pleasure ofand may be removed and/or replaced, with or without cause, solely by the Deciarant. Section 8. Organization Meeting. The first regular meeting of the Board of Directors following an annual meeting of the Association shall be held within ten (IO) days thereafter, at such time and place as shall be fixed by a majority of the members of the Board ofDirectors, and no notice sball be necessary to the newly elected members of the Board of Directors in order to legally constitute such meeting, provided that a majority of the whole Board of 6 Directors shall be present thereat. Section 9. Regular and Special Meetings. . (a) All regular meetings of the Board of Directors or any committee created by the Board of Directors shall be held only upon regularly scheduled and established dates or periods at such time and place as shall have .been made known to all members in accordance with the procedures set forth below. All regular or special meetings ofth~ Board of Director~ or any committee created by the Board ofDirectors shall be open to aJ1 Unit Owners or therr agen~ (and other mtcr~ed parties ~ the discretion of the Board ofDirectors or as required by law), except that such meetings may be held m closed sessions for the following purposes: (i) Discussion of matters pertaining to employees and personnel; (ii) Protection of the privacy or reputation of individuals in matters not related to Association business; (iii) Consultation with legal connsel; (iv) Consultation with staff; consuli.nts, attorneys or other persons in connection with pending or potential litigation (v) Investigate proceedings concerning possible or actual criminal misconduct; (vii) On an individually recorded affinnative vote oftwo•thirds (2/3) of the members ofthe Board of Directors (or conunittee, if applicable) present, for some other exceptional reason so compelling as to override the general public in favor of open meetings. (b) If a meeting is held in a closed session pursuant to the procedures established above, Cl) no action may be taken and no matter may be discussed other than those permitted above; and (ii) a statement of the time, place and purpose of any closed meeting, the record of the vote ofeach member of the Board of Directors (or committee, if applicable) by which any meeting was closed, and the authority under tbis Section for closing any meeting shall be included in the minutes of the next meeting of the Board of Directors (or committee, if applicable). (c) The Secretazy shall mruntain a current roster of names and addresses of each Unit Owner to which notices ofregular meetings of the Board of Directors or any committee created by the Board of Directors shall be sent to at least annually. Special meetings of the Board of Directors shall be held whenever called by direction of the President or Vice President, and must be called by the President or !be Secretary upon written request of a majority of the Board of Directors. Notice of special meetings by !be Board of Directors or any committee created by the Board ofDirectors shall be given to each Unit Owner, by posting or otherwise, not less than seventy-two (72) hours nor more than ninety (90) days prior to the date of the special meeting, except upon the declaration of an · emergency by the person calling the meeting, in which event such notice may be waived, Unless otherwise indicated in the notice thereof; any and all business may be transacted at any regular or special meeting ofthe Board of Directors. All meetings of the Board of Directors or any committee created by the Board of Directors shall be held at places and limes convenient to the greatest number ofUnit Owners. Section IO. Waiver ofNotice. Any member of the Board of Directors may at any time waive notice ofany meeting of the Board of Directors, in writing, and such waiver shall be deemed equivalent to the giving ofsuch notice. Attendance by a member of the Board of Directors at any meeting of the Board shall constitute a waiver of notice by him ofthe time, place and purpose thereof. Section 11. Quorum of Board of Directors. At all meetings of the Board of Directors, a majority of the members of the Board of Directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors, except as may otherwise be provided in the Declaration or these Bylaws. If at any meeting of the Board of Directors, there shall be less than a quorum present, a majority ofthose present may adjourn the 7 meeting from time to time. At any such meeting at which a quorum is present, any business which might have been transacted at the meeting originally called and adjoumed may be transacted without further notice. Section 12. Fidelitv Insmance. To the extent reasonably available, blanket fidelity m~e shall be required to be mamtain~d _by the Board of Directors for all officers, Section 13. Compensation. No member ofthe Board ofDirectors shall receive any compensation for acting as such, but a Director may be reimbursed for actual out-of-pocket expenses incurred by him m the proper performance ofhis duties. Section 14. Liability of the Board of Directors: Indemnification. (a) The members of the Board ofDirectors shall not be liable to the Unit Owners for any mistake ofjudgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. (b) The Association shall indemnify every Director a.,aainst any and all expenses, including counsel fees, reasonably incurred or imposed upon aoy Director in connection with any actions, suit or other proceeding (including the settlement of any such suit or proceeding ifapproved by the then Board of Directors of the Association) to which he may be made a party by reason of being or having been a Director of the Association, whether or not such person is a Director at the time such expenses are incurred. The Board ofDirectors shall obtain adequate directors and officers insurance. The Directors ofthe Association shall have no personal liability with respect to any contract or other commitment made by them, in good faith, and on behalf of the Association (except in their capacity as Unit Owners) and the Association shall indemnify "11d forever hold such Director free and harmless against aoy aod all liability to others on account of any such contract or commitment Any right to indemnification provided for herein shall not be exclusive of any other rights to which any Director of the Association or former Director of the Association may be entitled. (c) The provisions of(a) and (b) above shall also apply to each and every officer of the Association. Section 15. Executive Committee. The Board ofDirectors llll\Y, by resolution duly adopted, appoint an Executive Committee to consist of three (3) members of the Board of Directors. The Executive Committee shall have and may exercise all of the powers of the Board ofDirectars in the management of the business and affairs of the Association during the intervals between the meetings and the Board of Directors insofur as may be permitted by law, except that the Executive Committee shall not have power (a) to detennme the common charges aod expenses required for the affairs ofthe Association, or (b) to adopt or amend the Rules covering the details ofthe operation and use ofthe Condominium. Section 16. Common or Interested Directors. The Directors shall exercise their power and duties in good 8 faith and with a view to the interest of the Association and consistent with the purposes set forth in the Declaration. No contract or other transaction between the Association and one or more ofits Directors or between the Association and any corporation, fum, entity, or association in which one or more of the Directors are directors or officers or are pecuniarily or otherwise interested, shall be either void or voidable because such Director or Directors are present at the mee~g ofthe Board ~fDire°:"rs or any colllllllttee thereof which authorizes or approves the contract .o~ the transa~tion, or because his or theuc votes are counted for such purpose, if such action complies with tho proVtS1ons of Section 2-419 of the Corporations and Associations Article ofthe Annotated Code of Maryland (1993), as amended, or its successor statute . .section 17. Delegation of Power to Board. Except as may be provided otherwise by Jaw orby the Decfaratio": or these Bylaws, all of the powers and duties of the Council of Unit Owners are hereby delegated to the Boar~ _of Directors so as to permit the Board of Directors to fulfill all of its powers, functions and duties under the provmons of the Act, the Declaration and these Bylaws. . Section 18. Committees. The Board of Directors may appoint an Architectural Control Committee and, if necessazy, an Executive Committee, as provided in these Bylaws. In addition the Board of Directors may appoint other committees as deemed appropriate in carrying out it, powers and duties. ARTICLE IV OFFICERS Section 1. Desienation. The principal officers of the Association shall be the President (who shall also act as chairman of the Board of Directors of the Association), the Vice President, the Secretary, and the Treasu;er, all of whom shall be elected by the Board ofDirectors. The Board of Directors may appoint an assistant treasurer, an assistant secretary, and such other officers as in its judgment may be necessary or desirable. The President and Vice President, but no other officers, must be members of the Board of Directors. Section 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 3. Removal of Officers. Upon the affirmative vote ofa majority of the members of the Board of Directors, any officers may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose. Section 4. President. The President shall be the chief executive and operating officer of the Association. He shall preside at all meetings of the Association. He shall have all of the general powers and duties which are incident to the office of president of a stock corporation organized and existing under the laws of the State of Mazyland. Section S. Vice President. The Vice President shall take the place of the President and perfonn bis duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board ofDirectors to act in the Place of the President on an interim basis. The Vice President shall also perform such other duties as shall from time to time be bnposed upon him by the Board of Directors or by the President. • Section 6. Secretary. The Secretary shall keep the minutes ofall meetings of the Association (including copies of all resolutions adopted thereat), and of the Board of Directors; shall count the votes at meetings of the council of Unit Owners; shall have charge of such books and papers as the Board of Directors may direct; shall maintain the roster of Unit Owners and sbal~ in general, perform all the duties incident to the office of secretary ofa non-stock corporation organized and existing under the laws of the State of Maryland. Section 7. Treasurer. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receiJ?ts and disbursements, and for the preparation ofall required financial data. He shall be responsible for the depoSit of all 9 ·- mo~es and other valuable e~ects in the name of th: Association in such depositories as may from time to time be designated by the Board ofD:irec_iors, and he shall, m general, perfonn all the duties incident to the office of treasurer ofa non-stock corporation organized and existing under the laws of the State of Maryland. . The Tre"";"'er shall give a bond, the premium therefor to be considered a common expense, in such sum "'_'d w:tth such surettes as sh~ be _satisfucto')'. to the Board of Directors, for the faithful performance of the duties of his office and for the restoration, m case of his death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever ldnd In his possession or under his control. • Section 8. _Compensation of Officers. No officer shall receive any compensation from the Association for acting as_such; provided, howev~, that an officer is entitled to reimbursement from the Association for'any bona fide expens~ m'.""7ed by such officer m the performance ofhis duties pursuant to the Declaration or these Bylaws. The determinlltion ofa bona fide expense shall be at the sole discretion ofthe Board of Directors. ARTICLEV OPERATION OF THE CONDOMINXUM Section J. Determination of Common Expenses and Fixing of Common Charges. Unless otherwise expressly provided herein, common expenses of the Association In oeneral, shall include maintenance, operation, repair, or replacement of the Common Elements. They include b~ ar:'not limited to: (a) Management fees; (b) Insurance premiums; (c) Charges for landscaping, snow removal and maintenance of the walks, driveways, parking areas and retaining walls (ifany) (d) Attorney's fees, and like administrative costs; (e) Reserves for replacements or other expenses of a non-recurring nature; (f) Service contracts and employees' salaries; (g) Payment ofutility bills and like expenses (except to the extent that such bills or expenses are individually metered for any Unit, in which event such bills or expenses shall be the responsibility of the Unit Owner receiving the benefit ofsuch individually metered service; commonly metered utilities may be assessed against the Units based upon usage rather than Percentage Interest, as determined by the Board of Directors in its sole discretion, and the Board of Directors shall have the absolute right, in its sole discretion, to install individual meters or sub-meters on any Unit and to assess any such Unit or Units based upon the usage indicated by such meters); and (h) Such other expenses as shall be necessary or desirable in the judgment of the Board of Directors for the administrative and operation of the Condominium, or which may be declared to be common expenses by the Act, the Declaration, these Bylaws or by resolution of the Council of Unit Owners. Section 2. Preparation and Approval of Budget Each year at least thirty (30) days before the adoption of a budget for the Condominium, the Board of Directors shall cause to be prepared and submitted to the Unit owners a proposed annual budget for the next fiscal year of the Association. The proposed annual budget shall contain, at a minimum, an estimate of the total amount of income the Association expects to receive, as well as an estimate of expenses for administration, maintenance, utilities, general expenses, reserves and capital items that are expected for the next fiscal year. The budget shall be adopted at an open meeting of the Board of Directors. The Board of Directors shall thereafter send to each Unit Owner a copy of the approved budget which sets forth the amount of the common expenses payable by each Unit Owner, on or before thirty (30) days preceding the beginning of the fiscal 10 year to which the budget applies or as soon thereafter as .is possible. The said budget shall constitute the bas.is for determining ea~h unit Owner's contribution for the common expenses for the Condominium. The :railure or delay of the Board of Directors to prepare or adopt the annual budget for any fiscal year shall not constitute a waiver or rele":'e in any manner ofa Unit Owner's obligation to pay for bis allocable share of the common expenses, as herein proVtded, whenever the same shall be determined, and In the absence ofany annual budget, each unit Owner shall continue to pay his allocable share of the common expenses at the then existing rate established for the previous fiscal ~eriod unrl,1 the new payment is established. The Board of Directors may detennine, as its discretion, to round the Umt Owners allocable share of the common expenses of the Association to the nearest half dollar or whole dollar amount. Section 3. Reserves. As part of the annual budget the Board of Directors shall build up and maintain an adeguate reserve for working capital and contingencies, and an adequate reserve for substantial periodic repair and replacement of the Common Elements and Limited Common Elements required to be repaired and/or replaced by the Association, including, without limitation, reserves for the routine inspection, mamtenance and Iong-tenn repair of any on-site storm water management facilities serving and/or benefiting the Condomini:wn. Insurance deductibles associated with insurance policies of the Association should also be funded through the reserves maintained by the Association. All funds accumulated for reserves shaU be kept in a separate bank account, segregated from the general operating funds, and, if the Board ofDirectors deems it advisable, :funds accumulated for each type of reserve shall be kept in a separate bank account, identified by reference to the specific category of reserve. Extraordinary expenditures not originally included in tbe annual budget which may become necessary during the year shall be charged first against such rescorves. Except where an emergency requires an expenditure to prevent or minimize loss from further damage to, or deterioration o:t; the Comll!on Elements or Limited Common Elements, reserves accumulated for one purpose may not be expended for any other pmpose unless approved by the Board of Directors, by the affirmative vote ofUnit Owners representing not less than si,cy-seven percent (67%) of tb<> Unit Owner present, in person or by proxy, and voting at any meeting of the Association, and by the Declarant during the Declarant Control Period. Iftbe reserves are inadequate for any reason, including non-peyment of any Unit Owner's assessment, tbe Board of Directors may, subject to tbe limitations of Article V, Section 4 below, levy a further assessment, which sball be assessed against tbe Unit Owners according to their Percentage Interests, and which may be payable in a lump sum or in installments as the Board ofDirectors may determine. The Board of Directo:rs shall serve notice ofany such further assessment on all Unit Owners by a statement in writing giving the amount and reasons therefore, and such further assessment shall, unless otherwise specified in the notice, become effective with the xiext regular payment which is due more tban ten (IO) days after the delivery or mailing of such notice of further assessment. The proportionate interest of any Unit Owner in any reserve fund shall be considered an appurtenance to bis Unit and shall not be separately withdrawn, assigned or transferred or othenvise separated from the Unit to which it is appurtenant, and shall be deemed to be transferred w.ith such Unit. Section 4. Amendment to Budget: Special Assessments: (a) Any expenditure which is deemed necessary by the Board of Directors (other than those required because of conditions which, ifnot corrected, could re_as.onably r~ult in a 11>,reat to the h~alth ?r safety .of the Unit Owners or a significant risk of damage to the CondolllJlUum) that, 1f made, would result m an mcrease m the amount of assessments for the current fiscal year of the Condominium in excess of fifteen percent (15%) ?ftbe . budgeted amount previously adopted shall be approved by an amendment t~ the budget adopted at a ~pec1al meetiD~ oftbe Association, upon not less than ten (I 0) days written notice to th~ Umt Owners, by ~e affirmative vote of Umt Owners representing not Jess than sixty-seven percent (67%) of the Urut Owne_rs present, m ~:5on or by proxy'. and voting in such meeting, and by the Declarant during the Declarant Control Pe;1od. kl.y pro~.1on of the foregomg to the contrary notwithstanding, any such amendment to the budget shall be subJect to such additiOnal approvals as may be provided in the Declaration or there Bylaws. (b) The Board of Directors may.levy in any :fiscal year a special assessment or special assessments, applicable in that year only, for the purpose ofdefraying, in whole or in part, the c~ ofany consttuction, reconstruction or extraordinary repair of capital improvements located upon or folll1lllg a part of the Col!llllon 11 Elements or any facilities designed to benefit or serve the Condominium, including any fixtures or personal property relat~d thereto, or for such other plll])oses as !be Board of Directors may consider appropriate in its ·discretion; proVJded,. however, that~ such special assessment shall be approved by !be affinnative vote of Unit Owners repres~g not less tban,s~-seven percent (67%) of the Unit Owners present, in person or by proxy, and voting at any meeting of the Associatton, and bytbe Declarant during !be Declarant Control Period. Any provision of these Bylaws :o the contraiy no~thstanding, all costs of commencing and maintaining aey litigation arbitration or similar proceedm~s (except for routine common expense collection matters, or actions required to enforce the restrictions on use ~fUmts, Rules or architectural conti:ols set forth in Article V of these Bylaws) shall be funded by one or more special assessments approved by the Umt Owners and the Declarant in accordance with this Section. This Section shall not be. ~ended except wi_th the consent of.Unit Owners having not Jess than slxty-seven percent (67%) of the total authonzed votes ofall Umt Owners, and with the approval of the Declarant during !be Declarant Conttol Period. Section 5. Initial Working Capital Fund. The Declarantmay establish a working capital fund for the initial operation of the Association. If established, such working capital fund may be funded by an assessment ofup to two (2) regular assessments levied against each Unit Owner upon purchase ofa Unit from !be Declarant. The Declarant will deliver the funds so collected to the Board of Directors, who shall maintain the funds in a segregated accouot for the use and benefit of the Association to provide the necessary working capital for the Council of Unit Owners. Such funds may be used for certain prepaid items, initial equipment, supplies, organizational costs and other start-up costs, or for such other purposes related to the operation of the Association as the Board of Directors may determine. Section 6. Pavment of Common Charges. Each Unit Owner shall be obligated to pay, in advance, the common charges assessed by the Board of Directors against his Unit The amount levied and assessed against each unit for common charges shall constitute a lien against said Unit from the date ofassessment until the date of full payment, provided that the requirements oftbe Maryland Contract Lien Act have been fulfilled. All assessments and charges levied against a Unit by the Board of Directors of the Council of Unit Owners shall also be the personal obligation of the Unit Owner of such Unit At the option of the Board of Directors, the common charges may be payable in annual, quarterly, montbiy or other convenient installments, to the Board of Directors or to such person or entity who or which the Board of Directors shall designate. No Unit Owner may be exempted from the liability for the assessment of common expenses by waiver of the use or enjoyment of any of the Common Elements orby abandonment of his Unit No Unit Owner shall be liable for !be payment of any part of the common expenses assessed against his Unit subsequent to the date ofrecordation ofa conveyance by him in fee of such Unit Prior to or at the time of such conveyance, all liens, unpaid charges and assessments shall be paid in full and discharged. The purchaser of a Unit shall be jointly and severally liable with the selling Unit Owner for all nnpaid assessments against the selling Unit Owner for the selling Unit Owner's proportionate share oftbe common expenses up to the time of such recordation, without prejudice to the purchaser's right to recover from the selling Unit Owner amounts paid by the purchaser therefore; provided, however, that no purchaser from a selling Unit Owner other !ban the Declarant shall be liable for, nor shall the Unit conveyed e subject to a lien for, aey unpaid assessments greater than the amount set forth in any resale certificate provided by the Association or its managing agent The conveyance of a Unit shall not affect any lien established by the Association against such Unit. Notwithstanding anything contalned herein to the contrary, any mortgagee who comes into possession ofa Unit by virtue offoreclosure of a deed oftrust or mortgage or a deed or other conveyance in lieu of foreclosure shall take the Unit free of any liens or claims for unpaid assessments or charges against such Unit which accroe prior to the time such mortgagee comes into possession thereat: except for liens or claims for pro iata share of such assessments or charges resulting from a pro-rata reallocation of such assessments or charges to all Units, including the mortgaged Unit The sale or transfer ofa Unit by virtue of foreclosure ofa deed oftrust or mortgage or a deed or other conveyance in lieu of foreclosure shall not relieve such mortgagee, the purchaser at such sale or transfer, or any subsequent Unit Owner from liability for any assessments thereafter coming due: nor from the Jien of such subsequent assessments, which lien, if any shall have the same effect and may be enforced m the same manner as provided herein. Notwithstanding anything herein to the contrary, the lien of the Association a~t any Unit shall be subordinate to the First Mort,.oage (a,s defined in Article VI, Section 5 hereof) against such Unit, unless otherwise provided by the law. 12 All taxes, assessments, and charges which may become liens prior to any First Mortgage shall relate only to the individual unit and not to the Condominium as a whole . .No amendment to this Section shall affect the rights of the holder ofany such mortgage (or the indebtedness secured thereby) recorded prior to recordation ofsuch amendment unless the holder therecf (or of the indebtedness secured thereby) shalljoin in the execution ofsuch amendment Section 7. Collection of Assessments. The Board of Directors shall take prompt action to collect any common charges due from any Unit Owner which remains unpaid for more than thirty (30) days from the date for P•Y.IDent th~eof. The .Board o~Directo~ shall notify any Eligtole Mortgage Holder who holds a mortgage upon a Urut to which there exists a delinquency m the payment of common charges, which delinquency has existed for si>dy (60) days or more. Upon default in the payment of any one or more installments of any assessment levied pursuant to the Declaration and/or these Bylaws, the entire balance ofsaid assessments may be accelerated at the option of the Board of Directors and be declared due and payable, in full, together with interest thereon at the maximum rate permitted by Jaw at the time the assessment is due. Section 8. DefauJt in Payment of Common Charges. The lien for unpaid assessments for common charges may be enforced and foreclosed in such manner as may from time to time be provided in the Act and the Ma,yland Contract Lien Act. Any assessment, until paid, may at the election of the Board of Directors bear interest up to the maximum rate permitted by law at the time the assessment became due. In addition, the Board of Directors may impose late charges and/or lhe costs of collection (including reasonable attorneys' fees), if any, with respect to any assessment which has not been fully paid when due. Such late charges and other costs shall not exceed the permissible amounts provided for in the Act, and shall ofuerwise comply therewith. All such interest, late charges and other costs shall constitute a lien upon the Umt until fully paid as provided in Article V, Section 6, above. In any action brought by the Association to foreclose a lien against a Unit because of unpaid common charges, lhe Unit Owner shall be required to pay a reasonable rental for the use of his Unit, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same, such rent to accrue from the date that the foreclosure decree becomes final until the plaintiff in such foreclosure action regains possession from the Unit Owner. No suit or other proceeding may be brought by lhe Association to foreclosure lhe lien for any assessments levied pursuant to the Declaration or these Bylaws except after ten (10) days written notice to the holder of the First Mortgage which is a lien on the Unit that is the subject matter of the proceeding. Section 9. Statement of Common Charges: Resale Certificate. Any owner, first mortgagee or any purchaser in connection with any sale or conveyance of a Unit, shall be entitled to a statement furnished by the Board of Directors setting forth in detail the llJDOunt of any unpaid assessments owed by the Unit Owner, and such party shall be entitled .to rely on such statement and shall have no liability for, nor shall the Unit be encumbered with, an amount of unpaid assessments accruing prior to the date of such statement which are greater than that shown on such statement The Board may impose a reasonable fee to furnish this information. Upon written reqnest by a Unit Owner and receipt ofa reasonable fee therefore, the Board of Directors shall furnish a certificate containing the information required by Section I l-135(a) of the Act Section 10. Insurance. The Board of Directors shall be required to comply with the insurance requirements of the Act and, to the extent not in violation of the Act, shall also comply with the provisions of th.is Article V, Section 10. The Board ofDirect~rs shall be required to obtain and maintain a master or blanket type of hazard insW"ance policy covering the Units and all of the Common Elements that are normally included in a policy oftb!3 type, including but not limited to, :fixtures, building service equipment and common personal property and .su~phes belonging to the Association. The policy must also cover fixtures, equipment and other personal property ms1de individual Units if such items are typically conveyed as part of the Unit. 13 _ The hazard insuxance policy shall afford, as a minimum, protection against Joss or damage by fire an~ all other perils ?onnally cov:i-ed by the staodard extended coverage endorsemen~ as well as all other perils which are customanly covered with respect to projects similar in construction, location and use, including all perils nonnally covered by the staodard "all risk" endorsement, where such is available. The insurance shouJd cover one hundred percent {l ~0%) ofthe current replacement cost Qess a reasonable deductible) of the insured property. Coverage need not mclude land, foundations, excavations or other items that are usually excluded from insurance covera~e. Unless a higher maximum amount is required pursuant to the law of the State of Maryland, the maximum deductible amount for ~overage ofthe Co min on E_lements is the lesser ofTen Thousand Dollars (S l 0,000.00) or one percent (I 0Yo) of the pol!cy lace amount. The maxunum deductible related to coverage on individual Units is the lesser of One Thousand Dollars ($1,000.00) or one percent of the Unit's replacement cost. Each hazard insurance policy must be written by a hazard insurance carrier which has a cUITent rating by the Best's Insurance Reports ofB or better (or its equivalent). Each insurer must be specifically licensed or authorized by the law to transact business within the State of Maryland. The policy contract shall provide that no assessment may be made against the mortgagee, and that any assessment made against others may not become a lien on the mortgaged Unit superior to the First Mortgage. The hazard insurance policy must provide that the insurance carrier shall notify the Association and each mortgagee named in the mortgagee clause in writing at least ten {I 0) days before it cancels or substantially changes the Condominium's coverage. In addition, each Eligible Mortgage Holder shall receive timely written notice of any lapse, material modification or cancellation of insurance policy covering the Condominium. All policies of hazard insurance must contain or have atlacbed the standard mortgagee clause commonly acceded by private institutions as mortgage investors in the area in which the mortgaged pre.mises are located. The following endorsements are also required; (l) an Inflation Guard Endorsement (if reasonably available); (ii) a Building Ordinance or Law Endorsement ifthe enforcement of any building, zoning or land use law would result in loss or damage, increased cost of repairs or reconstruction or additional demolition and removal costs; (iii) a Steam Boiler and Machinery Coverage Endorsement if the Condominium has central beating or cooling, which should provid~ for the insurer's minimum liability per accident per location to be at least equal to the lesser of Two Million Dollars ($2,000,000.00) or the insurable value of the structure(s) housing the boiler or machinery; and (iv) a Special Condominium subrogation against Unit Owners will be waived, the insurance will not be prejudiced by any acts or omissions of individual Unit Owners that are not under control of the Association, and that the policy will be primary, even if a U~ o,mer has other insurance that covers the same loss. Ifthe Condominium is located in a Special Flood Hazard Area designated as A, AE, AH, AO, Al- 30, A-99, V, VE, or V!-30 on a Flood Insurance Rate Map, the Association must maintain a ''master" or "blanket'' policy of flood insurance on the Condominium. The amount of flood insurance shall be at least equal to the lesser of one hundred percent (I 00%) of the insurable value of all structures and improvements situated in such Special Flood Hazard Area or the maximum coverage available under the applicable National Flood Insurance Administration program. The contents, including any machinery and equipment that are not part of the building, but which are owned in cominon by the Unit Owners. Unless a higher deductible amount for flood insurance policies shall be the lesser ofFive Thousand Dollars (SS,000.00) or one percent {1%) of the policy's face amount. The funds to cover this deductible amount should be included in the Association's operating reserve account. Tbe Association shall obtain and maintain a commercial general liability policy of insurance covering all of the Common Elements public ways and any other areas that are under the Association's supervision. The policy shall also cover any co:nmercial space owned by the Association, even if such space is leased to others. Tbe policy should provide coverage for bodily iajury (including death) and property damage that results from the operation, maintenance or use of the Common Elements and any legal liability thafresults from law suits related to employment contracts in which the Association is a party. Supplemental coverage to protect against additional risks should also be obtained, if required by a morigagee. Such insuran.ce policy shall contain a "severabi1:iJY of interest'' endors~m~nt which shall preclude the insurer from denying the claim of a Unit Owner because of negligent acts ofthe Assocration or other Unit Owners. Liability coverage shall be at east One Million Dollars ($1,000,000.00) per occurrence, for bodily injury and property damage, wtless higher amounts of coverage are required by the mortgagee. The liability 14 pol)"?' m~-provide that the insurance cani~r shall notify the Association and the holder ofa F"lrSt Mortgage on any Umt m Wtiting at least ten (10) days before it cancels or substantially modifies the Condominium's coverage. Toe named insured under all insurance policies shall be the Council ofUnit Omiers ofNewtowne Plaza ndo~um, for the use and benefit of each Unit Owner. The "loss payable" clause should show the Co~c,l ofUmt Owners ofNewto"'."e Plaza Condominium or the Insurance Trustee (as hereinafter defined, if applicable) as a trustee for each Umt Owner and the holder of each Unit's mortgage. Toe Council of Unit Owners shall hold any p~eeds of insurance in _trust for Unit Owners and their F"ll"st Mortgage ho.lders, as their interests may appear. Each Unit Owner and each Umt Owner's mortgagee, if any, shall be beneficiaries of the policies to the extent of the Unit Owner's Percentage Interest in the Common Profits and Common Expenses of the Council of Unit Owners. C~cates of insurance ,hall be issued to each Unit Owner and mortgagee upon request The policies must also contam the 5tandard mortgage clause. Notwithstanding any provision ofthe Declaration or these Bylaws relating to property or liabifity insurance, there may be named as an insured, on behalf of the Association, the Association's authorized representative, including any lns=ce Trustee with whom the Association may enter into any Insurance Trust Agreement or any successor to such 1rustee, who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance and to perform such other functions as are necessary to accomplish this PWJlOSe. The insurance poliey (ies) covering the Condominium obtained by the Association shall provide that aoy Insurance Trust Agreement w:ill be recognized. Except to the extent inconsistent with applicable law, each unit Owner is deemed to appoint the Association, or any Insurance Trustee or substitute Insurance Trustee designated by the Association, as attomey-in :fact for the purpose of purchasing and maintaining such insurance, including: (!) the collection and appropriate disposition of the proceeds thereof; (2) the negotiation orJosses and execution ofreleases of liability; and (3) the execution ofall documents and the performance of all other acts necessary to accomplish such purpose. The insurance policy(ies) covering the Condominium obtained by the Association shall provide that (I) the right of subrogation against Unit Owners w:ill be waived, (ii) the insurance will not be prejudiced by any acts or omissions of individual Unit Owners that are not under the control of the Association, and (iii) the policy(ies) will be primacy, even ifa Unit Owner has other insurance covering the same loss. · Section 11. Separate Insurance. Any Unit Owner or mortgagee may obtain additional insurance (including a "Condomioium Unit Owner's Endorsement" or its equivalent for improvements and betterments to the Unit made acquired at the expense of the Unit Owner) at such Unit Owner's or mortgagee's expense. Such insurance shall be writteo by the same carrier selected by the Board of Director's to provide master or blanket hazard insuraoce pursuant to Article V, Section J 0, hereof, or shall provide that it shall be without contribution as against the same. Such insurance shall contam a waiver of subrogation by the insurer as to any and all claims against the Council of Unit Owners, the Boatd ofDirectors, the Unit Owners and their respective agents, employees or tenaots, and ofany defense based upon co-insurance or invalidity arising from the acts of the insured. Such insurance should cover losses to improvements and betterments to the Unit made or acquired at the expense of the Unit Owner. Copies ofll such policies shall be filed with the Secretary. Each Unit Owner shall notify the Board ofDirectors in writing of any and all improvements and betterments made to his or her Unit at the expense of such Unit Owner, the value of which is in excess of Five Thousand Dollars ($5,000.00). Section 12 Repair or Reconstruction after Fire or Other Casualty. Except as hereinafter provided, aod as provided in the Act (and inconsistent herewith), in the event of damage to or destruction of the Condominium as a result of fire or other casualty, the Board of Directors shall arrange for the prompt repair and restoration thereof (including any damaged Units, aod any .fixtures, equipme~t or other p~ope'!J'. covered by the. ~ociation 's insur":'ce installed therein on the date ofrecordation ofthe Declaration, but not mcluding any wall, ceiling or flocr decorations or coverings or other furniture, furnishings, :fixtures, personal property or equipment installed by Unit Owners in the Units), and the Board of Directors or the Insurance Trustee, as the case may be, shall disburse the proceeds of all insurance policies to the contractors engaged·in such repair and restoration, as provided below. 15 The Insurance Trustee may rely upon a certificate of the Board of Directors which certifies whether or not the damaged Cond?minium. is to. be reconstructed or repaired. The Board ofDirectors, upon request of the Insurance Trustee, shall deliver such certificate as soon as practicable. • l_f the damage is only to those parts of a Unit for which the responsibility of lllllllltenance and repair 1s borne by the Uwt O"":er, then the Urut Owner shall be responsible for the reconstruction and repair after a casualll'. ~? shall be entitle~ to apply the applicable insurance proceeds thereto. In all other instances, the respons1b11ity of reconstruction and replrir after casualty shall be that of the Association. Immediately after a casualty causing damage to the Condominium for which the Association has the responsibility of maintenance, repair, and/or replacemen~ the Board ofDirectors shall obtain reliable and detailed estimates of the cost to a place the damaged portions of the Condominium is in as aood a condition as existed before the casualty. Such costs may include professional fees for such bonds as the°Board ofDirectors desire. • In the event ofreconstruction or repair (as estimated by the Board of Directors) which shall exceed Twenty-Five Thousand Dollars ($25,000.00), all proceeds of insurance shall be paid over to a trust company or bank having trust powers and authori2ed to engage in the trust business in the State ofMaiyland (the "Insurance Trustee"), selected by the Board of Directors and shall be paid out from time to time as the reconstruciion or repair progresses in accordance with the provisions ofan Insurance Trust Agreement and which contains, inter alia, the following provisions: (a) the reconstruction or replrir shall be in the charge ofan architect or engineer, who may be an employee of the Association, and hereinafter called the "Architect''; (b) any restoration or repair ofthe project shall be performed substantially in accordance with the Declaration and the original plans and specifications, unless other action is approved by the least fifty-one percent (51 %) of the Eligible Mortgage Holders (based upon one vote for each First Mortgage owned), and two-thirds (J./3) of the owners (other than the sponsor, developer or builder) of the individual condominium units; (c) each request for an advance of the proceeds of insurance shall be accompanied by satisfactory waivers of liens covering that portion of their repair and reconstruction for which payment or reimbursement is being requested, together with appropriate evidence from a title insurance company or the like to the effect that there has not been filed with respect to the Condominium, or any part thereof, any mechanics' or other lien, or notice of intention to file the same, which has not been dismissed, bonded, or satisfied or record; (d) each request for an advance of the proceeds of insurance shall be accompanied by satisfacto,:y waivers of liens covering that portion of the repair and reconstruction for which payment or reimbursement is being requested, together with appropriate evidence from a title insurance company or the like to the effect that there bas not been filed with respect to the Condominium, or any part thereof; any mechanics' or other lien, or notice. of intention to file the same, which bas not been dismissed, bonded, or satisfied or recorded; (e) the fees and expenses of the J.nsurance Trustees, as agreed upon by the Board of Di.rectors and the Jnsurance Trustee, shall be paid by the Association as a common expense, and such fees and expenses may be deducted from any insurance proceeds in the hands of the Insurance Trustees, pro rata, as the reconstruction or repair progresses; and (f) such other provisions not inconsistent with the provisions hereof as the Board ofDirectors or the Insurance Trustee may reasonably require. Upon completion of the reconstruction or repair and payment in full ofall amotmts due on accouot thereof, any proceeds ofinsurance then in the hands of the Insurance Trustee shall be paid to the Board of Directors, shall be considered as one fund and shall be divided among the owners ofall the Units in the same proportion as that previously established for ownership ofappurtenant tmdivided interests in the Common Elements, after first paying out of the share of the owner of any Unit (to the extent such payment is required by and lienor and to the extent the 16 same is sufficient for such purpose), all liens upon said Unit Section 13. Abat7ment and Enjo!runent of Violations bv Unit Owners. The violation of any of the Rules adopted by the ;8oard ofDn:ecto~, or tJ:i: breach ofthese Bylaws or of any provision of the Declaration, shall give the.Board ofDire?tors !be ~t,.m addition to any other rights set forth in these Bylaws: (a) to enter the Unit in which ~r as to. which such v10lation or breach exists and to summarily abate and remove at the expense of the defau~ymt Owner any structure, thin~ or condition that may exist therein contra,y to the intent and meaning of the ~ovis1ons hereot; and !be Board of Directors shall not thereby be deemed guilty in any manner of trespass· provided, ~ow~ver, that no strm:~e or improvement may be altered or demolished until proper judicial proce;dings hav~ been mstituted; or (b) to enJom, abate or remedy by appropriate legal proceeding, either at law or in equity, the continuance of any such breach. Section 14. Maintenance and Repair. (a) By the Association. The Association shall be respons1'ble for the maintenance repair and replacement of the following, the cost of which shall be charged to all Unit Owners as a common expense: (i) Except as otherwise provided in paragraph (b) of this Section 14, all of the General Common Elements and Limited Common Elements (ifaoy), whether located inside or outside ofthe Units; and (ii) All exterior walls and exterior surfaces of the buildings constituting the Condominium (mcluding, without limitation, the painting of such exterior walls and surfaces, and the painting of the exterior doors ofeach Unit which are on the boundary ofthe Units and Common Elements; provided that the Unit Owners shall otherwise remain responsible for the maintenance, repair and replacement of such exterior doors as provided in paragraph (b) ofthis Section 14; the roofs of the buildings constituting the Condominium; chimneys; Unit party walls and all other portions of the Units which contribute to the suppon ofthe buildings constituting !be Condominium; cbinmeys; Unit party walls and all other portions of the Units which contribute to the suppon of the buildings constituting the Condominium, such as the outside walls ofsuch buildings and all fixtures on the exterior thereof; the boundary walls of Units; floor slabs; and all load-bearing columns; but excluding, however the interior walls, interior ceilings and interior floor coverings of the Units, and excluding the surfaces of all walls, floors and ceilings of the Units; and · (iil") The sanitary and storm sewer systems and appurtenances; all water, electric, gas, heating, air conditioning, plumbing and telephone lines, facilities and systems that are deemed Common Elements, including all conduits, ducts, plumbing, wiring and other facilities (mclurung television master antennae systems whether located inside or outside of any Unit) for the fumisbing of all utility services into two (2) or more Units, but excluding therefrom all air.. handling units> heating units, air.. conditioning units, fireplaces, lighting fixtures, plumbing (including, but not limited to, the components of any sprinkler eystem) and electrical appliances and eystems, tixtures and parts there of which are located solely within the bo1mdary of a single Unit and/or in a Limited Common Element designated in the Declaration or on the Condominium Plat as being appurtenant to a single Unit and which serve that Unit and no other; all television master antenna systems located outside the specific boundaries of any Unit, and all roof drainage pipes, gutters and leaders; and (iv) Except as otherwise provided in paragraph (b) oftbis Section 14, all patios, terraces, decks, and balconies designated in the Declaration or on the Condominium Plat as a part ofa Unit or as a Limited Common Element appurtenant to a Unit (if any); and (v) All incidental damage caused to any Unit by such work as may be done or cause to be done by the Association in accordance with the provisions of these Bylaws. (b) By the Unit Owner. (i) Except for the portions of any Unit required to be maintained, repaired and replaced by the Association, each Unit Owner shall be responsible for the maintenance, repair and replacement, at his expense, of 17 ~uch _Dnit and all. ~provements therein an~ components thereof, including, wifuout limitation, the following: any mtenor walls, ce1lmgs, ·doors and floors, kitchen and bathroom fixtures and equipment, air-handlin• units, heatin • units, air•conditioning units, fueplaces, lighting fixtures, plmnbing (including, but not limited to, th~ componentsc,of any sprinkler system) and electrical appliances and systems, fixtures and parts thereof which are located solely within the boundary of his Unit and/or in a Limited Common Element designated in fue Declaration or on fue Condominium Plat as being appurtenant to his Unit and which serve his Unit and no other. Each Unit Owner shall be responsible for performing, at his expense, all normal day-to-day maintenance ofany patio, terrace deck, or balcony which is designated in the Declaration or on the Condominrum Plat as being a part of his Unit or as a Limited Common Element appurtenant to his Unit, including keeping it in a clean and saniiary condition and free and clear of snow, ice and any accumulation of water, and shall also make, at his own expense, all repairs thereto caused or pennitted by his negligence, misuse or neglect. In the event any Unit Owner shall rail to maintain any such patio, terrace, deck or balcony, or any Limited Common Element appurtenant to his Unit, the Association shall be responsible for such maintenance, the cost of which may be assessed against such Unit and shall be col!ecti'ble in the same manner as any other assessment levied by the Association. Notwithstanding anyfuing herein to the con1ra!y, fue Association shall be responsible for the maintenance, repair and replacement of all structural components of the buildings constituting the Condominium. Any costs .incurred by the Association in connection with the mamtenaace, repair or replacement of ay Unit or of any Limited Common Element appurtenant to any Units, may be assessed against such Unit or Units and shall be collectible in the same manner as any ofuer assessment levied by the Association. (il') Each Unit Owner sball, at his expense, perform all maintenance and make all repairs and replacements to the windows, window frames, window screens, front door, door frame, sliding glass doors, frames and screens, and fue hardware, locking and opening devices of such windows and doors, that are appurtenant to or a part ofhis Unit or the Limited Common Elements appurtenant to such Unit (but not including the painting of the exterior surface of any door on the perimeter of the Unit). (iii) Each Unit Owner shall be responsible for,, and promptly after demand shall reimburse the Association for the cost ofmamtaining, repairing or replacing any damage to the Common Elements or any portion of his Unit required to be maintained, repaired or replaced by the Association which is caused by the negligence, misuse or neglect of such Unit Owner, including, without limitation, reimbursement for the amount of any insurance deductible paid by the Association as a result of such negligence, misuse or neglect. Such reimbursement shall be collected by the Association from the Unit Owner obligated therefore in the same maoner as set forth in Article V of these Bylaws for the collection ofcommon charges. (iv) Each Unit Owner shall perform his or herresponsibilities under this Section 14 in such a manoer as shall not unreasonably disturb or interfere with the other Unit Owners. Each Unit Owner shall promptly report to the Board of Directors or the managing agent any defect or need for repairs for which the Association is responsible. (v) Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be offirst-class quality. Section 15. Restrictions on Use of Units. In order to provide for the congenial occupancy of1he Condominium and for the protection ofthe values of the Units, the use of the Condominium shall be restricted to and shall be in accordance with the following provisions: (a) The Units and Common Elements shall be occupied and used for nomesidential office, retail or other commercial or non-residential purposes, including, without limitation, retail stores, shops, offices, restaurants, and similar office, retail and commercial uses related to the sale of goods and services to consumers, provided that such occupancy and use shall at all times be consistent with all applicable Jaws, zoning ordinances and regulations of all govermnental agencies with jurisdiction over the Condominium. The Units and the Common Elements shall not be occupied or used for residential purposes. (b) Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Condominium, or the contents thereof, without the prior written consent of the Board of 18 Direct?"· No Owne~ shall ~nnit anything to be done or kept in his Unit or in the Common Elements which will result m the cancellation ofmsurance on the Condominium, or the contents thereof; or which would be in violation of any law. No waste will be committed in the Common Elements. (c) N? immoral, ~prop~r, offensive, or unlawful use shall be made ofthe Condominium or any part thereof; and all valid laws, zonmg ordinances and regulations ofall governmental agencies having jurisdiction ~·:~f •.hall be observed; AU laws, °:ders, rules, regulations or requirements ofany governmental agency having J":15cliction thereof; relating to the mamtenance and repair of any portion ofthe Condominium, shall be compiled with, by and at the sole expense of the Unit Owner or the Board of Director,; whichever shall have the obligation to maintain or repair ~ucb. portion of the Condominium. ' (d) Nothing shall be done in any Unit or in, on or to the Common Elements which will impair or threaten the structural integrity of the Condominium, or which would structura1Jy change any building or improvements thereon except as is otherwise provided in these Bylaws, provided, further, that interior partitions contnouting to the support ofany Unit shall not be altered or removed. (e) No Unit Owner may post any advertisement, poster, or sign of any kind on the exterior of his Unit or in the ,vindows of his Unit or on any of the Common Elements without the prior written approval of the Board ofDirectors or the Architectural Control Committee in accordance witb. Sections 18-23 of this Article; provided, however that a temporary sign not more than six (6) square feet in size advertising the sale or rental of a Unit shall be pennitted. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Unit The right is reserved by the Declarant and its agents to use any unsold Unit or Units for display purposes and to clisplay "For Sale" or "For Rent'' signs for unsold Units; such right to exist for as long as the Declarant owns any Unit (f) No exterior antennas ofany type, including, but not limited to, satellite dishes for reception or transmission may be erected or maintained within the Condomininm; provided, however, that the satellite dishes not in excess of one (I) meter in cliameter are permitted with the prior written approval ofthe Board ofDirectors. The Board of Directors may impose any condition or conditions deemed necessary or appropriate by the Board on its approval of any satellite dish, inclucling, without limitations, conditions regarding tb.o location, installation, maintenance, and screening of any such satellite clisb. Antennas situated entirely within a Unit, and not visible from the exterior, are permitted. (g) Portions ofa Unit visible from the exterior of the Unit and the Limited Common Elements must be kept in an orderly condition as not to detract from tb.e neat appearance of the community. In regard, no motorcycles or other motorized vehicles may be parked on the patios, terraces, decks or balconies. The Board of Directors, in its sole discretion, may detennine whether the portions of a Unit visible from the exterior of the Unit and the Limited Common Elements are orderly. !fan Owner shall fail to keep tb.e portions of his Unit visible from the exterior of the Unit and the Limited Common Elements so as to restore tb.eir orderly appearance, the Board of Directors may take necessary action, without liability therefore, and charge the Unit Owner for any costs incurred in connection with such removal. (b.) With the exception oflawn care equipment used by the Association, motorized ,•ehicles may only be used or maintained on the roadways within or adjacent to the Condominium and no un-licensed·vehicles are allowed within tb.e Condominium. (i) Trash shall be stored in accordance with county or city health regulations within tb.e Unit or upon the Common Element site, if any, set aside by the Board ofDirectors for such storage. Ifapplic.able, ~ash shall not be set out for collection and the empty containers shall be returned to the proper place ofstorage l1Dilled1ately after collection. Trash shall not be stored or placed upon patios, terraces, decks or balconies. (j)No junk vehicle or other vehicle, on which cU1Tent registration plates are not displayed, shall be kept upon any of the Common Elements, nor shall the repair or extraorclinary maintenance of automobiles or other vehicles be carried out on any of the Common Elements or within any other portion of the Condominium. 19 (k) No trailers, campers, recreational vehicles, house trailers, boat ttailers, boats, or the like shall be ~pt upon "D?' o'.the C?mmon Elements. The Association may, in the discretion ofthe Board ofDiroctcrs, provide and maintain a swtable area designated for the parking of such vehicles. . . 0) No sttucture ofa temporary character, ttailer, tent, shack, baro or other outbuilding shall be mamtamed upon any Comment Elements at any time. (m) Notwithstanding any provision contained in this Article V, Section 15 to the conim; the use and other restrictions set forth in this Section 15 shall not apply to the use of the Common Eiements and/or Units o~ed by the Declarant for diSplay, marketing, promotion, sales, leasing or construction purposes or the use of the Umts as "Models,, or the use ofany portion of the Condominium as a sales, rental or management office. • Section ~6. Rules - Adoption and Enforcement. The Board of Directors may, from time to time, enact wufo~ Rules which ~ovem the use and operation of the Condom.iruum, as well as the conduct and the enjoyment of the Umt ?wners, provided that such Rules are not in conflict with the Declaration of these Bylaws, and provided further that such Rules are adopted in accordance with the Act and the following procedures: (a) At least fifteen (15) days prior to the adoption ofany proposed new Rule, a notice must be . mailed or delivered to each Unit Owner. The notice shall (I) contain a copy of the proposed Rule, (ii) inform the Unit ?wner ofthe right to submit written comments on the proposed Rule to the Board of Directors, (iii) state the effective date of proposed Rule, and (iv) inform the Unit Owner of the meeting of the Board of Directors which has been scheduled to consider and adopt the proposed Rule. (b) Provided that the notice set forth in Section 16(a) of this Article Vis mailed or delivered to each Unit Owner, an open meeting of the Board of Directors shall be held at which each Unit Owner or tenant present at such meeting shall be given an opportunity to consider the proposed Rule. (c) If a majority of the members of the Board of Directors present at the open meeting at which a quorum is present vote in favor of the proposed Rule, such proposed rule shall become effective upon its effective date unless (I) within fifteen percent (15%) of the Unit Owners sign and file a petition with the Board of Directors requesting a special meeting, and (ii) a quorum is present at such special meeting, and (iii) at such special meeting fifty percent (50%) of the Unit Owners present and voting a,,oainst the proposed Rule and such Unit Owners represent more than thirty-three percent (33%) of the total votes in the Condomimum. (d) Any provision hereof to the contta,y notwithstanding, all Rules must be approved by the Declarant during the Declarant Control Period. Section 17. Additions. Renovations. Alterations or Improvements by Board of Directors. Whenever in the judgment of the Board ofDirectors the Common Elements shall require additions, renovations, alterations or improvements costing in excess of Twenty-Five Thousand Dollars ($25,000.00) and the making of such additions, renovations, alterations or improvements shall have been approved by a majority of the Unit Ov.ners, the Board of Directors shall proceed with such additions, renovations, alterations or improvements and may assess the Unit Owners for the cost thereof as a common expense. If such additions, renovations, alterations or improvements, if not made could reasonably result in a threat to the health or safety of the Unit Owners or a significant risk of damage to the Condomimum, then such additions, renovations, alterations, renovations, alterations or improvements costing Twenty-Five Thousand Dollars ($25,000.00) or less may be made by the Board ofDirectors without approval of the Unit Owners, provided said Unit Owners are given at least ten (10) days written notice of a special meeting at which such additions, renovations, alterations, or improvements are apprqved by an amendment to the budget by the Board of Directors. The cost of any such additions, renovations, alterations or improvements shall constitute a common expense. Any provision of the foregoing to the contrary notwithstanding, any expenditure ofreserve fimds for the repair, maintenance or replacement of the existing Common Elements pursuant to the terms of these Bylaws shall not require the consent or approval of the Unit Owners under this Section, provided that such expenditures shall otherwise be subject to the Declaration and other applicable provisions of these Bylaws. 20 . Section )8. Architectural Control. Except for purposes of proper maintenance and repair or as otherwise penrutted or :•~111red by law o_r these Bylaws and subject to the exemption set forth in Section 24 of this Article, it shall be prohib~ed_ for any Umt Owner to install, erect, attach, apply, paste, hinge, screw, nail, build, alter, remove or c_onsttu~ any. hgh~g, .sh~des, scre~ns, awnings, patio covers, decorations, signs, fences, walls, aerials, antennas (mcluding, witho~t lllll!atio°: satellite dishe~), radio or television broadcasting or receiving devices, slabs, sidewalks, curbs, _gu~ers, patto_s, balcorues, porches, driveways, or to make any change or otherwise alter (including any alteration m color) m any manner whatsoever the exterior of any Unit or the Common Elements within the Condominium or to c~mbine or otherwise join two (2) or more Units (or parts thereof), or to partition the same, or to re?love or alter any wmdow or exterior doors of any Unit, or to make any change or alteration within any Unit which will alter the struc~ integrity ofany building or otherwise affect the property, interest, or welfare of any other Unit Owner, materially mcrease the cost of operation or insuring the Condominium or impair any easement, until ~mplete. pl.""•. and specifications, ~bowing_ the nature, kind, shape, materials and location of the same (including, without lumtation, any other matenals and infonnation as may be specified by the Board of Directors or its desilsll:'ted committee) shall have been submitted to and approved in writing as to safety, the effect ofany such alterations on the costs ofmaintaining and .insuring the Condominium and harmony of design, color and location in refation to surrounding structures and topography, by the Board of Directors of the Association, or by the Architectural Control Committee designated by the Board of Directors. Section 19. Architectural Control Committee - Operation. The Architectural Control Committee shall be composed of an uneven number of three (3) or more natural persons designated from time to time by the Board of Directors of the Association and such persons shall serve at the pleasure of the Board of Directors. In the event the Board of Directors fulls to appoint an Architectural Control Committee, then the Board of.Directors shall constitute the Commit!ee. The affinnative vote of a majority of the members of Architectural Control Committee shall be required in order to make any finding, determination, ruling or order, or to issue any permit, consent, authorization, approval or the like pursuant to the authority contained in this Article. Section 20. Architectural Control Committee. ApproV1!ls, Etc. Upon approval ofthe Architectural Control Committee of any plans and specifications submitted pursuant to the provisions of this Article, a copy ofsuch plans and specifications, as approved, shall be deposited among the pennanent records of such Committee and a copy of such plans and specifications bearing such approval, in writing, shall he returned to the applicant submitting the same. In the event the Archltectural Control Committee fulls to approve or disapprove any plans and specifications which may be submitted to it pursuant to the provisions ofthis Article within thirty (30) days after such plans and specifications (and all other materials and infonnation as may be required by the Architectural Control Committee) have been submitted to it in writing, then approval will not be required and this Article will be deemed to have been fully complies with. Approval by the Architectural Control Committee (or by the Board of Directors, if applicable) shall in no way be constnted as to pass judgment on the correctness of the location, structural design, suitability of water flow or drainage, location of utilities, or other qualities of governmental approvals and permits or be deemed to constitute a determination as to compliance with local zoning ordinances, governmental guidelines or restrictions. Section 21. Architectural Control Committee - Limitations. Construction of alterations in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this ~cle shall be commenced within six (6) months following the date upon which the same are approved by the Architectural Control Committee (whether by affinnative action or by forbearance from action), and shall be substantially completed within twelve (12) months following the date of commencement, or~ su~h longer period as ~e. Architectural Control Committee shall specify in its approval. In the event construction lS not commenced within the period aforesaid, then approval of the plans and specifications by the Architectural Control Committee sh~! be conclusively deemed to have lapsed and compliance with the provisions of this ~cle shall again be req_wred .. There shall be no deviations from plans and specifications approved by the Architectural Control Comnuttee without the prior consent in writing ofthe Architectural Control Committee. Approval ofany particular plans and specifications or design shall not be construed as a waiver of the right of the Architectural Control Committee to disapprove such plans and specifications, or any elements or features thereof; in the event such plans and specifications are subsequently submitted for use in any other instance, 21 ~ection 22 .. Archite""':"1 Con1rol Committee - Certificate of Compliance. Upon the completion of any construc~on, alteration or other ';"'Pr~vements or stru~es in a~ordance with plans and specifications approved by the Ar<:hltectural Control Committee m accordance with the proVISions of this Article, the Architectural Control C~Illllllttee shall, at the request of the owner thereof, issue a certificate of compliance which shall be prima facie evidence that such conS1J'Uction, alteration or other improvements or structures referenced in such certificate have been. approved by "'.• .Architectural Control Committee and constructed or installed in full compliance with the provJS1ons and reqwrements of these Bylaws as may be applicable. . . Section 23. Architectural Con1rol Conunittee - Rules, Etc. The Architectural Control Commlttee may from time _to lil:1• adopt and pr'.""ulgate such rules and regulations regarding the form and content of plans and speci~cations to _be ~UbIOJ~d for approv~I and may publish such statements ofpolicy, standards, guidelines and establish such cnteria relative to the architectural styles or details, or other related matters, as it may consider necessary or appropriate; provided, however, that such rules and/or regulations are adopted in accordance with the provisions of Section 11-111 of the Act. No such rules, regulations, statements, criteria or the like shall be construed as a waiver of the provisions of this A:mc!e or any other provision or requirement of the Declaration or these Bylaws. The Architectural Control Committee may charge and collect a reasonable fee for the examination ofany plans aod specifications submitted for approval pursuant to the provisions ofthis Article. The decisions of the Architectural Control Committee shall be final except that any Unit Owner who is aggrieved by any action or forbearance from action by the Architectural Control Committee shall have the right to appeal to the Board of Directors of the Association and, upon the request of such Unit OWJ1er, shall be entitled to a hearing before the Board of Directors. Section 24. Declarant's Exemption. Notwithstanding any provision of Sections 18-23 ofthls Article V to the contrn,y, the provisions of srud Sections 18-23 shall not apply to a Unit owned by the Decl3rallt or its designee which is used as a model or is being or will be offered for sale by the Declarant until a deed to such Unit has been delivered by the Declarant to a purchaser thereof. Further, the aforesaid provisions shall not apply to the Declarant's actions with respect to the Common Elements of the Condominium until the completion of the Declarant's construction thereof. Section 25. R:ight of Access. All Unit Owners hereby grant a right of access to their Units to the managing agent and/or such other persons as may be authorized by the Board of Directors or the managing agent for the purpose of making inspections and for the pmpose of performing installations, alterations, or repairs to the mechanical and electrical services and other Common Elements in their Units or elsewhere in the Condonrinium, and to correct any condition which violates the provisions of any mol\,<>age covering a Unit, provided that requests for entry are made in advance and that such entry is at a time reasonably convenient to the Unit Owner. In case of an emergency such right of entry shall be immediate, whether the Unit Owner is present at the time or not. ARTICLE VI MORTGAGES Section I. Notice to Board of Directors. A Unit Owner who mortgages his Unit shall notify the Board of Directors in writing of the name and address of his mortgagee, and shall file a conformed copy of the note and mortgage with the Board of Directors. The Board of Directors shall maintain such information in a book entitled "Mortgages of Units." Section 2. Examination ofBooks. Each Unit Owner, contract purchaser of a Unit and each mortgagee of a Unit shall be permitted to examine the books and records ofthe Association at reasonable times on business days. Section 3. Notice of Loss to or Taking of Common Elements. The Board of Directors shall give wri~en notice to Eligible Mortgage Holders who have requested such· notice of any condemna?on or ~asualty loss which affects a material portion of the Condominium or any Unit on which a First Mortgage :s.~eld, msured or ~teed by such Eligible Mortgage Holder of any Unit or the Common Elements or related fac1hties of the Condom1nnnn. Section 4. Financial Statement. The Association shall provide any Eligible Mortgage H~ld~r who submits a written request, a copy of an annual financial statement for the preceding fiscal year of the Associanon 22 within one hum!red twenty (120) days following the end ofsuch fiscal year. Section 5. Definition. As used in these Bylaws, 1he term "mortgage" sha!l mean any mort!!Jloee or trustee under a deed of1:"-5! whic~ is ~ li:n upon a Unit, or the party securi,d or beneficiary of any recorded d~ed of trust, aud shall not be l!Illlted to mstttutional mortgagees; and the term "mortgage" shall include a deed of trust As used generally in these Bylaws, the term "institutional holder" or "institutional mortgagee" shall include banks trust co~panies, .insurance compani;s,, mutual s~vings banks, mortgage inslll:ance companies, mortgage comp~ies, credit uruons, savmgs and loan associations, pension funds, the Federal National Mortgage Association, the Federal Home Loan Mortgage Coxporation, and any coxporation, including a coxporadon of, or affiliated with, the United States Government, or any agency thereof. ''First Mortgage" shall mean a mortgage with priority over all other mortgages. As used in these Bylaws, the term "eligible Mort,oage Holder'' shall mean a holder, insurer or guarantor of a First Mortgage on a unit who has requested notice from the Council of Unit Omiers of amendments to the Condominium documents or other significant matters which would affect the interest of the mortgagee. Section 6. Percentage ofEligible Mortgage Holders. Wherever in the Declaration or these Bylaws the apJ)roval or consent of a specified percentage of Eligible Mortgage Holders is required, it shall mean the approval or consent ofE!igi"ble Mortgage Holders holding security interest in Units which in the aggregate have allocated to them such specified percentage of votes in the Association as compared to the total allocated to all Units then subject to security interests held by Eligi"ble Mortgage Holders. An Eligi"ble Mortgage Holder who is notified of any proposed amendment(s) to the condominium documents or other matter for which it is entitled to notice as provided in the Declaration or these Bylaws (such notice to be delivered by certified or registered mail, return receipt requested), and which fails to respond within thirty (30) days of receipt of such notice shall be dee.med to have consented to the proposed amendment(s) or other matter which the Eligiole Mortgage Holder was provided notice of. Section 7. Notice of Actions. The Association shall give prompt written notice to each Eligible Mortgage Holder of ( and each Unit Owner hereby consents to, and authorizes such notice): (a) As,y condemnation loss or any casualty loss which affects a material portion oftbe Common Elements, Condominiwn or any Unit subject to a First Mortgage or security interest held, insured, or guaranteed by such Eligible Mortgage Holder. (b) Any delinquency in the payment of common expense assessments or charges owed by ~ Unit Owner whose Unit is subject to a First Mortgage or security interest held, insured, or guaranteed, by such Ehgi"ble Mortgage Holder which remains uncured for a period of sixty (60) days. (c) Any lapse, cancellation or material modification of any insurance policy or fidelity insurance maintained by the Association. (d) Any proposed amendment to the Declaration, these Bylaws or Condominium Plat effecting a change in the puxposes to which any Unit or the Common Elements are restricted. (e) Any proposed termination of the Condominitnn. To be entitled to receive notice of the foregoing, the Eligiole Mortgage Holder must send a written request to the Association, stating both its name and address and the Unit nwnber or address of the Unit which it has (or insures or guarantees) the mortgage. Section 8. Development Rights. No development rights regarding the Property shall be abandoned or terminated without the express prior written consent of the Declarant. Section 9. Enforcement. The provisions of this Article are for the benefit ofE!igiole Mortgage Holders and their successors, and may be enforced by any of them by any available means, at law, or in equity. 23 Section I 0. AttendM!ce at Meetings. Ally representative of an Eligible Mortgage Holder may attend and address any meeting which a Unit Owner may attend. . ARTICLEVIl SALES AND MORTGAGES OF UNITS . _Section I. Sales. A Unit Owner may sell his Unit or any interest therein without the consent of the Association. Delarant reserves the right offirst refusal. Section 2. No Severance of Ownership. Except as may be provided in the Act, no Unit Owner shall execute any lease, mortgage or other instrument conveyed or mortgaging title to bis Unit without including therein the app~ance Comm.on Elements, it being the intention hereof to prevent any severance of such combined ~wne~bip. Any '":'ch lease, mortgage or other instrument putporting to effect one or more ofsuch interests, without mcluding all such mterests, shall be deemed and taken to include the interest or interests so omitted, even though 1he la~r shall not be expressly mentioned ~r described therein. No part of the appurtenant Common Elements of any Urut may be sold, transferred or otherwISe disposed of, e,cept as part of a sale, transfer or of the disposition of the Unit to wbich such interests are appurtenant, or as part ofa sale, transfer or other disposition of such part of the appurtenant Common Elements of all Units. ARTICLEVIll CONDEMNATION In the event of a taking in condemnation (or by purchase in lieu thereof) of a Unit or any part thereof or of part or all of the Common Elements, the Association is hereby appointed by each Unit Owner as its attorney-in-fact in any proceedings, negotiations, settlements or agreements related to such condellllllltion (or purchase in lieu thereof) sbaJJ be payable to the Association, or an Iasurance Trustee (if an Insurance Trustee is appointed by the Association) for the benefit of the Unit Owners and their mortgage holders. Any distnoution offimds in connection with the termination of the Condominium shall be made in accordance with the Act. ARTICLE IX RECORDS AND AUDITS The Board of Directors or the mana,,oing agent shall keep books and records in accordance with good accounting practices on a consistent basis. On the request of the Unit Owner of at least five percent (5%) of the Units, an audit by an independent Certified Public Accountant shall be made, provided an audit shall be made not more than once in a consecutive twelve (12) month period. The cost of such audit shall be a common expense. Every record kept by the Council of Unit Chmers and current copies of the Declaration, Bylaws and Rules (if any) of the Association shall be available in accordance with the Act of these Bylaws for examination and copying by any Unit Owner, contract purchaser ofa Unit and mortgagee of a Unit (and insurers and guarantors ofFirst Mortgages secured by a Unit or Units), and their respective duly authorized agents or attorneys, during normal business hours and after reasonable notice. ARTICLEX PARKING SPACES Ally parking spaces not assigned as Limited Common Element appurtenant to a Unit by the !)~claration, these Bylaws or on the Condominium Plat are part ofthe General Common Elements of the Condonuruum and are hereby unassigned and designated for general use, to be used on a "first come, first served" basis. Subject to _ applicable law, the Board of Directors may designate some of these parking spaces as ''reserved" for the exclusxv~ use of designated Unit Owners. No vebicle belonging to any Unit Owner, or to any guest or employee of any Umt Owner, shall be parked in a manner which unreasonably intexferes with our impedes ready vehicular access to any adjoining parking space. Each Unit Owner shall comply in all respects wi1h such supplementary Rules which are not inconsistent 24 with the provisio~ of the Declarati~n or these Bylaws which the Board of Directors may from time to tbno adopt and promulgate with respect to parking and traffic control within the Condominium, and the Board of Directors is hereby, ~d elsewhere in these Bylaws, authorized to adopt such Rules. The location of any parking space assigned to ":'1Y Unit ~er ';'~Y he changed by the. Board ofDirectors, at any time and from time to time, upon reasonable no~~· thereof ID wnting.• The Board of Directors reserves tho right to assign parking spaces notice thereof in wnting. The Board of Dm:ctors reserves the right to assign parking spaces (including the reassignment ofLimited CoID';'on Element spaces) if necessary to fulfill federal, state or local laws, including, without limitation, the Fair Housmg Amendments Act of I 988, as amended, and any Unit Owner requested by the Board of Directors to relin~ish or convOJ'. his Limite~ c_ommon Element parking space shall promptly comply with such request; provided, however, if another Lirmted Common Element or reserved parking space is not made available to such Unit Owner, the Board of Directors shall reimburse to such Unit Owner any monies previously paid to acquire such reserved or Limited Common Element parking space. ARTICLE XI EASEMENTS FOR UTILITIES AND RELATED PURPOSES Subject to the reqwements of Section 11-125 ofthe Act, the Association is authorized and empowered to grant (and shall from time to time grant) such licenses, easements, leases and/or rigbts-of,.way for sewer lines, water lines, electrical cables, cable television, telephone cables, gas lines, storm drains, underground conduits and/or soch other putposes related to tho provision of public utilities to the Condominium as may be considered necessary or appropriate by the Board of Directors for the orderly maintenance, preservation, and enjoyment of the Common Elements or for the preservation of the health, safety, convenience and/or welfare of the owners of the Units or the Declarant and/or as required by the Declaration. The Association shall have the power to grant such licenses, easements, leases and rights-of-way as set forth in Section 11-125 of the Act ARTICLE XII MISCELLANEOUS Section 1. Notices. All notices hereunder to the Council ofl:Jnit Owners or the Board of Directors shall be sent by personal delivery ,vith a signed receipt, or by first-class registered or certified mail, return receipt requested, postage prepaid, to the Board of Directors or managing agent (if any), to the mailing address specified in these Bylaws. All notices hereunder to any Unit Owner shall be sent by mail or personally delivered to the address as may have been designated by such Unit Owner from time to time, in writing, for inclusion on the Roster. All notices hereunder to mortgagees of Units shall bo sent by first-class mail or personally delivered to their respective addresses as designated by them from time to time, in writing, to the Board of Directors. All notices hereunder to the Declarant shall be sent by personal delivery with a signed receipt, or by first-class registered or certified mail, return receipt requested, postage prepaid, to: Declarant: All notices shall be in writing and shall be deemed to have been given (I) when delivered ifby personal delivery, (ii) on the date evidenced by the return receipt ifby registered or certified mail or (ii~ three (3) days after mailing, if mailed by first-class or other mail, postage prepaid; provi~ed, however that al) notices ot: a . chanae of address shall be deemed to have been given when received. The parties shall be responsible for notifying each "other of any change· ofaddress. Section 2. Invalidity. The provision of these Bylaws shall be severable, and the invalidity ofany part of these Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws. Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference, 25 and in no way define, limit or descnoo the scope of these Bylaws, or tho intent ofany provision thereof. Section 4. Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural whenever the context so requires and vice versa. Section 5. Waiver. No restriction, condition, obligation or provisfon contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. Section 6. Amendments to Bylaws. Except as elsewhere herein or in the Declaration provided otherwise, these Bylaws may be modified or amended in accordance with Section 11-104(e) of the Act, and. with the approval of the Declarant during the Declanmt Control Period. Section 7. Conflicts. In case any part of these Bylaws conflict with the Act and/or the Declaration, the provisions of the Act and/or Declaration as tho case may be, shall control. END OF BYLAWS 26 Attachment B Schedule of Revenues and Expenses over Past 5-Years Pocomoke City Shore Spirits Location WORCESTER COUNTY DEPARTMENT OF LIQUOR CONTROL POCOMOKE - SCHEDULES OF REVENUES AND EXPENSES Fiscal Year FV16 Audited FY15 Audited FY14 Audited FY13 Audited FY12 Audited Retail Sales 1,070,225 1,048,481 975,826 863,102 883,339 Cost of sales 728,586 709,506 707,628 609,156 657,305 Gross profit 341,639 338,975 268,198 253,946 226,034 Store Expenses Salaries 62,524 77,077 105,390 72,866 71,457 Credit card and bank fees 16,314 14,077 12,978 11,610 11,144 Utilities 10,090 9,768 8,852 9,662 8,503 Payroll taxes and benefits 23,871 29,123 35,132 22,800 24,600 Outsourced labor 20,681 7,430 - - - Repairs and maintenance 6,274 6,095 15,328 14,328 4,201 Security 255 216 302 231 269 Supplies 1,526 1,855 2,514 3,467 3,175 Telephone 3,768 4,113 4,071 4,200 3,868 Total store expenses 145,303 149,754 184,567 139,164 127,217 Income after store expenses 196,336 189,221 83,631 114,782 98,817 General expenses 104,714 104,839 74,614 62,000 60,395 Income from operations 91,622 84,382 9,017 52,782 38,422 Other expenses (6,889) (19,266) (5,059) (10,799) (7,094) Net Income 84,733 65,116 3,958 41,983 31,328 Attachment C List of Store Assets Pocomoke City Shore Spirits Location Assets at Pocomoke Shore Spirits Retail Liquor Store Furniture & Fixtures 3 Small attached countertops in front of store 2 Cash Registers 2 Scanners 1 Three-Door Large Refrigerator for displays 2 Small Refrigerators for displays 1 Large Wine Wall Shelving System with Wine Signs 1 Small Wine Wall Shelving System 1 Large Vodka Wall Shelving System with Sign 1 Large Wall Shelving System with 4 signs 8 Free Standing aisle shelving systems with 4 signs 3 Free Standing Tall Wine Racks 2 Tall free standing wire racks near front sliding door 1 Short free standing wire rack near front sliding door Shelving system behind front counter 1 Large wire shelving unit in store room 3 large adjustable shelving units in store room 2 small adjustable shelving units in store room 1 Refrigerator for staff use 1 Bakers Rack 1 Microwave 1 Desk 1 Foldable table 1 Fax 2 Safes 1 Filing Cabinet Improvements Alarm System with cameras and monitoring screen Tile, Laminated Wood and Carpet floor coverings Attachment D List of Store Inventory* Pocomoke City Shore Spirits Location *Please note that final store inventory will be similar to the list provided in Attachment D, but will be updated as of April 15, 2017 to reflect actual inventory in the store to be included in the Asset Purchase Agreement and again at settlement which is tentatively scheduled for May 19, 2017. Attachment D Inventory in Pocomoke Store Index of Inventory Report* Category Page 01 - Wine ...... I 02 - Bourbon ...... 15 03 - Brandy ...... 16 04 - Whiskey ...... 17 05 - Cocktails ...... 19 06 - Cognac ...... 19 07 - Cordials ...... 20 08 - Gin ...... 22 09 - Grain ...... 23 10 - Rum ...... 23 11 - Schnapps ...... 25 12 - Scotch ...... 26 13 - Tequila ...... 26 14 - Vermouth ...... 27 15 - Vodka ...... 27 16-27 - Miscellaneous and Mixers ...... 32 Totals ...... 33 * Please note that final store inventory will be similar to the list provided herein, but will be updated as of April 15, 2017 to reflect actual inventory in the store to be included in the Asset Purchase Agreement and again at settlement which is tentatively scheduled for May 19, 2017. Date 2/14/2017 Time 1 :02:25PM Page 1 Worcester County Liquor Control Merchandise Analysis by Item number (Custom) Analyze by: Item Print: All Ranked by: Qty on hand (shaded) Group by: Category/Sub-category Print: All in each group Order by: Rank Report period: 2/1412017 to 2/1412017 (1 days) Location: POCOMOKE ••• b}:'. Item number indicates the group includes miscellaneous items; values may not 'add across' the reeort Category/Sub-category Rank Item number Description Qty on hnd Coston hand 01/1002 46 7230 LA MARCA PROSECCO 187ML 66 220 130 7756 TEAVINE AMER SPARK WINE 12oz 42 150 158 7708 TEAVINE AMER SPARK WINE 750ML 36 284 212 10572 COOKS DRY CHAMPAGNE 750ML 26 133 228 742 COOKS BRUT CHAMPAGNE 187ML 24 41 305 10042 ANDRE CHAMPAGNE DRY 750ML 18 80 329 3266 CRISTALINO BRUT 750ML 16 96 336 627 ANDRE BRUT CHAMPAGNE 750ML 16 80 420 7231 LA MARCA PROSECCO 750ML 12 120 436 3125 CHARLES DE FERE CUVEE JE 750ML 12 84 446 11662 M & RASTI SPUMANTI 750ML 12 109 450 5397 BAREFOOT BUBBLY PINK MOS 750ML 12 72 513 7227 BAREFOOT CITRUS FUSION 750ML 10 67 642 7229 BAREFOOT PROSECCO 750ML 8 57 679 10562 COOKS BRUT CHAMPAGNE 750ML 8 41 736 5399 BAREFOOT BUBB PINO GRIG 750ML 7 42 783 7420 CIDER TREE SPARKLING CID 750ML 7 49 793 7489 DOMAINE CHAN DON BRUT 750ML 6 88 806 7761 LUCIEN ALBRECHT BRUT ROSE 750M 6 68 841 10922 FREIXENET CORDON BRUT 750ML 6 48 885 6397 COOKS SPUMANTE 750ML 6 30 888 6646 VERDI SPUMANTE 750ML 6 32 920 413 COOKS BRUT CHAMPAGNE 1.5L 5 43 952 10576 COOKS DRY CHAMPAGNE 1.5L 5 43 955 11452 KORBEL CHAMPAGNE BRUT 750ML 5 50 973 3034 MOET IMPERIAL CHAMPAGNE 750ML 5 185 998 7228 BAREFOOT TROPICAL FUSION 750ML 5 31 1,018 7021 VALDO PROSECCO 750ML 4 32 1,072 5398 BAREFOOT EXT DRY BLK LBL 750ML 4 27 1,105 5587 VERDI SPUMANTE 1.5L 4 29 1,239 7425 BAREFOOT BUBBLY PK MOSCA 187ML 3 6 1,249 7490 VEUVE CLIQ BRUT YELL GFT 750M 2 85 1,254 7226 BAREFOOT BERRY FUSION 750ML 2 13 1,262 7867 DESTELLO CAVA BRUT 750ML 2 13 1,401 10672 DOM PERIGNON CHAMPAGNE 750ML 1 136 1,443 7461 BAREFOOT BUBBLY PEACH 750ML 7 01/1002 totals 410 2,693 01/1003 413 2953 YELLOW TAIL CAB SAUV/MER 750ML 13 54 594 5165 LINDEMANS BIN 40 MERLOT 750ML 9 36 656 994 YELLOW TAIL CHARDONAY 1.SL 8 80 694 3575 YELLOW TAIL CAB SAUV 1.5L 8 80 Date 2/14/2017 Time 1:02:25PM Page 2 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 698 5974 JACOBS CREEK SHIRAZ 1.5L 8 64 740 4625 YELLOW TAIL RIESLING 1.5L 7 71 853 4602 YELLOW TAIL TREE FREE CHAR 1.5 6 60 866 5970 JACOBS CREEK CHARDDNNAY 1.5L 6 48 867 5971 JACOBS CREEK MERLOT 1.5L 6 48 916 5972 JACOBS CREEK PINOT GRIGIO 1.5L 5 40 970 2207 YELLOW TAIL SHIRAZ 1.5L 5 50 1,032 969 YELLOW TAIL CHARDONAY 750ML 4 16 1,033 970 YELLOW TAIL MERLOT 750ML 4 16 1,080 4598 YELLOW TAIL PINO NOIR 1.5L 4 40 1,122 6620 YELLOW TAIL MOSCATO 1.5L 4 40 1,123 6643 YELLOW TAIL SHIRAZ/ GREN 1.5L 4 32 1,153 4599 YELLOW TAIL PINO NOIR 750ML 3 12 1,187 1274 YELLOW TAIL CAB SAUV 750ML 3 12 1,203 2502 LINDEMANS BIN 45 CAB SAU 750ML 3 12 1,263 7906 YALU MBA CABERNET SAUV 750ML 2 15 1,367 5969 JACOBS CREEK CABERNET 1.5L 1 8 1,383 4600 YELLOW TAIL SAUV BLANC 1.5L 10 1,404 1314 YELLOW TAIL SHIRAZ 750ML 4 1,417 2859 JACOBS CREEK MERLOT 750ML 6 1,420 995 YELLOW TAIL MERLOT 1.5L 10 01/1003 totals 117 865 01/1004 5 7700 HAYES VALLEY CHARDONNAY 750ML 144 956 11 7701 HAYES VALLEY CABERNET SAUV 750 122 811 108 11432 KENDALL JACKSON CHAR VIN 750ML 47 470 198 12212 SUTTER HOME MERLOT 750ML 28 99 217 6016 TOASTED HEAD CHARDONNAY 750ML 26 190 232 238 SUTTER HOME MERLOT 187ML 24 24 238 6426 SUTTER HOME PINOT GRIGIO 187ML 24 24 247 7362 MANGRIA WHITE WINE 750ML 23 222 253 10172 BAREFOOT MERLOT 750ML 22 92 260 6648 APOTHIC RED 750ML 22 161 261 6424 SUTTER HOME WHITE MERLOT 187ML 22 22 263 3734 BAREFOOT MOSCATO 1.5L 21 189 276 7426 WM HILL SAUVIGNON BLANC 750ML 20 200 277 2823 EDNA VALLEY CHARDONNAY 750ML 20 160 281 2388 BAREFOOT MERLOT 1.5L 20 180 283 10192 BERINGER WHITE ZINFANDEL 750ML 20 87 297 870 BERINGER WHITE MERLOT 750ML 19 63 299 7428 SKINNY GIRL CHARDONNAY 750M 18 85 300 7361 MANGRIA RED WINE 750ML 18 174 301 7029 BAREFOOT PINK MOSCATO 1.5L 18 162 306 10162 BAREFOOT CHARDONNAY 750ML 18 75 310 1991 BAREFOOT PINO GRIGIO 750ML 18 75 315 5937 DREAMING TREE CHARDON NA 750ML 18 162 326 7343 F COPPOLA DIA PINOT NOIR 750ML 16 181 327 2913 MIRASSOU PINO NOIR 750ML 16 107 Date 2/14/2017 Time 1 :02:25PM Page 3 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub~category Rank Item number Description Qty on hnd Cost on hand 330 2391 BAREFOOT SHIRAZ 1.5L 16 151 335 4063 LIBERTY CREEK CAB SAW 1.5L 16 89 337 6425 SUTIER HOME SWEET RED 187ML 16 16 340 5516 CUPCAKE MERLOT 750ML 16 107 343 4605 KENDALL JACKSON SAUV BLA 750ML 15 120 346 5380 MIRASSOU CHARDONNAY 750ML 15 102 353 12216 SUTIER HOME MERLOT 1.5L 15 100 354 12372 TAYLOR PORT 750ML 15 74 358 7063 BAREFOOT REISLING 750ML 15 62 361 7465 DARK HORSE RED BLEND 750ML 15 80 362 7483 APOTHIC DARK LMT RELEASE 750ML 15 105 380 3983 SUTIER HOME WHITE MERLOT 1.5L 14 94 383 6440 SUTIER HOME REISLING 750ML 14 50 391 6036 CK MONDAVI SAUV BLANC 1.5L 13 95 398 5148 RAVENSWOOD VINT BLND MER 750ML 13 81 399 5116 WOODBRIDGE RBT MN CAB/MER 1.5L 13 104 405 10606 CORBETT CANYON MERLOT 1.5L 13 70 409 2389 BAREFOOT PINO GRIGIO 1.5L 13 117 410 2387 BAREFOOT CHARDONNAY 1.5L 13 117 411 3017 CK MONDAVI MERLOT 1.5L 13 95 412 2875 WOODBRIDGE RBT MONO PIN G 1.5L 13 104 414 7794 TOP SPIN CHARDONNAY 750ML 13 75 417 7556 SUTIER HOME RED BLEND 187ML 12 12 421 7130 WM HILL CHARDON N COAST 750ML 12 119 422 7920 GALLO SWEET PINAPPLE 750ML 12 42 423 7928 JOSH CELLARS CABERNET 750ML 12 96 424 7941 ROW ELEVEN ROSE 750ML 12 112 433 3016 CK MONDAVI CHARDONNAY 1.5L 12 BB 437 241 SUTTER HOME CHARDONAY 187ML 12 12 449 5146 RAVENSWOOD VINT BLND CAB 750ML 12 65 452 4828 CUPCAKE SAUVIGNON BLANC 750ML 12 77 458 3723 SUTIER HOME PINO GRIGIO 1.5L 12 80 459 6017 TOASTED HEAD MERLOT 750ML 12 81 460 6018 WOODBRIDGE RBT MONO Pl N 750ML 12 48 461 5985 R MONDAVI PVT SEL CHAR 750ML 12 80 463 5590 BAREFOOT SWEET RED 1.5L 12 96 468 6388 JOEL Gorr CABERNET SAUV 750ML 12 136 471 6399 RAVENSWOOD ZINFANDEL 750ML 11 64 472 6418 SUTIER HOME PINOT NOIR 1.5L 11 74 473 6428 SUTIER HOME RED MOSCATO 187ML 11 11 474 6376 MENAGE A TROIS CAB SAUV 750ML 11 96 476 5905 CLOS DU BOIS PINOT NOIR 750ML 11 92 485 4595 BAREFOOT REISLING 1.5L 11 99 486 5026 COPPERRIOGE MERLOT 750ML 11 47 487 4827 CLOS DU BOIS CHARDONNAY 1.5L 11 132 497 2392 BAREFOOT SHIRAZ 750ML 11 48 500 7940 ROW ELEVEN PINOT NOIR 750ML 11 110 501 7929 JOSH CELLARS CHARDONNAY 750ML 11 84 Date 2114/2017 Time 1 :02:25PM Page 4 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 502 7912 RHIANNON RED BLEND 750ML 11 88 503 7795 TOP SPIN SAUVIGNON BLANC 750ML 11 63 507 7594 DARK HORSE SAUV BLANC 750ML 11 59 508 7510 7 DEADLY ZINS 750ML 11 117 515 7064 BAREFOOT MALBEC 750ML 10 42 517 7930 JOSH CELLARS LEGACY RED 750ML 10 80 518 7918 GALLO SWEET BERRY 750ML 10 35 519 7868 MENAGE A TROIS SILK 750ML 10 87 526 7951 LANDMARK CHARDONNAY 750ML 10 130 527 7952 PROPHECY RED BLEND 750ML 10 70 529 7957 CONUNDRUM 14 750ML 10 133 530 7982 CARNIVORE ZINFANDEL 750ML 10 80 531 7971 SOVERAIN CHARDONNAY 750ML 10 0 532 7972 SOVERAIN MERLOT 750ML 10 67 539 332 WOODBRIDGE RBT MONO CAB 1.5L 10 80 548 2762 CLOS DU BOIS P GRIGIO 750ML 10 87 549 2810 MENAGE A TROIS WHITE 750ML 10 73 553 12192 SUTTER HOME CAB SAUV 750ML 10 38 554 10472 CHRISTIAN BROTH RUB PORT 750ML 10 38 558 5147 RAVENSWOOD VINT BLND CHA 750ML 10 67 562 349 WOODBRIDGE RBT MONO CHA 750ML 10 40 565 3874 F. COPPOLA DIAM CABERNE 750ML 10 100 570 5589 BAREFOOT RED MOSCATO 1.SL 10 80 574 6068 COCOA VINO CHOCOLATE 750ML 10 80 575 6649 LIBERTY CREEK PINOT GRIG 1.5L 10 58 576 6422 SUTTER HOME PINOT NOIR 750ML 9 30 577 6441 SUTTER HOME REISLING 1.5L 9 60 578 6427 SUTTER HOME PINK MOSCATO 187ML 9 9 579 6380 MENAGE A TROIS PINOT NOi 750ML 9 78 580 6056 DOUBLE DECK PINOT GRI 750ML.. ' 9 60 582 6020 WOODBRIDGE RBT MONO SAUV 750ML 9 36 587 5948 FLIP FLOP CHARDONNAY 1.5L 9 60 588 5983 R MONDAVI PVT SEL CAB 750ML 9· 64 590 370 WOODBRIDGE RBT MONO CAB 750ML 9 38 591 3863 CHRISTIAN BROTH TAW PORT 750ML 9 34 592 3728 STERLING VINTNER COL CHD 750ML 9 60 593 4159 R MONDAVI PVT SEL ZIN 750ML 9 62 595 5279 WOODBRIDGE RBT MONO REI 1.5L 9 72 598 4860 STERLING VT CL PIN GRIG 750ML 9 60 607 10156 BAREFOOT CAB SAUV 1 .SL 9 81 610 11442 KENDALL JACKSON MER VINT 750ML 9 120 612 155 GALLO FAMILY MERLOT 750ML 9 39 617 2393 BAREFOOT SAUVIGNON BLANC 1.5L 9 75 618 240 SUTTER HOME WHITE ZIN 187ML 9 9 624 2871 CHATEAU ST JEAN CAB SAUV 750ML 9 78 629 7726 MCBRIDE TRUVEE CHARDONNAY 750M 9 60 631 7129 WM HILL CABERNET N COAST 750ML 9 95 632 7263 BAREFOOT MOSCATO 750ML 9 37 Date 2/14/2017 Time 1 :02:25PM Page 5 Worcester County Lfquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 633 7341 F COPPOLA DIA CLARET 750ML 9 102 634 7449 CHACEWATER REISLING 750ML' .. 9 104 637 7463 DARK HORSE CARDONNAY 750ML 9 49 639 7589 FESS PARKER FRONTIER RED 750ML 8 59 640 7462 DARK HORSE CABERNET SAUV 750ML 8 43 644 7131 WM HILL MERLOT CEN COAST 750ML 8 77 648 7727 MCBRIDE TRUVEE RED BLEND 750ML 8 53 651 7641 EDNA VALLEY PINOT NOIR 750ML 8 75 653 7919 GALLO SWEET PEACH 750ML 8 28 665 3292 BLACK BOX CHARD MONTEREY 3L 8 112 676 12556 WOODBRIDGE RBT MONO MER 1.5L 8 63 677 1132 CORBETT CANYON SAUV BLAN 1.5L 8 44 678 12206 SUTTER HOME CHARDONAY 1.5L 8 54 688 5158 LIBERTY CREEK MOSCATO 1.5L 8 48 695 3535 PAUL NEWMAN CHARDONNAY 750ML 8 57 700 5997 REX GOLIATH MERLOT 1.5L 8 52 704 5591 BAREFOOT PINOT NOIR 1.5L 8 72 709 6073 AMBERHILL SECRET RED BLD 750ML 8 53 710 6400 R MONDAVI PVT SEL Pl GRI 750ML 8 57 711 6430 CORBETT CANYON PINOT GRIG 1.5L 8 48 712 6431 CORBETT CANYON PINOT NOIR 1.5L 7 40 714 6439 SUTTER HOME PINOT NOIR 187ML 7 7 715 6487 CHARLES KRUG SAUV BLANC 750ML 7 77 716 6396 BLACKSTONE CHARD MONTERE 750ML 7 36 720 5897 BLACKSTONE RED BLEND 750ML 7 38 721 5998 REX GOLIATH PINOT GRIGIO 1.5L 7 44 722 6034 CK MONDAVI CABERNET 1.5L 7 51 723 6001 REX GOLIATH PINOT NOIR 1.5L 7 47 724 5947 FLIP FLOP CABERNET 1.5L 7 47 725 5986 R MON DAVI PVT SEL CHAR 1.5L 7 86 734 5150 TWISTED CABERNET 1.5L 7 47 735 5159 LIBERTY CREEK WHITE ZINF 1.5L 7 37 749 10596 CORBETT CANYON CHARD 1.5L 7 38 750 12196 SUTTER HOME CAB SAUV 1.5L 7 47 751 12386 TAYLOR TAWNEY PORT 1.5L 7 60 763 3000 R MONDAVI PVT SEL PINO 750ML 7 51 764 2923 BLACKSTONE CABERNET WMS 750ML 7 36 765 7977 FREAKSHOW RED WINE 750ML 7 93 766 7979 BAREFOOT RED BLEND 750ML 7 29 771 7758 ROTH SAWIGNON BLANC 750ML 7 70 772 7731 VIN VAULT MERLOT 3.0L 7 93 773 7936 FREAKSHOW CABERNET SAUV 750ML 7 89 774 7642 BONTERRACHARDONNAY750ML 7 51 776 7619 HAHN SLH PINOT NOIR 750ML 7 84 777 7620 HAHN SLH CHARDONNAY 750ML 7 84 778 7006 LAYER CAKE PRIMITIVO 750ML 7 66 781 7157 EDUCATED GUESS CHARD 750ML 7 80 782 7159 CHERRY TART PINOT NOi 750ML.. ' 7 93 Date 2/14/2017 Time 1 :02:25PM Page 6 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 787 7511 BOGLE ESSENTIAL RED 750ML 6 52 788 7528 BELCREME DE LYS PIN NOIR 750ML 6 47 790 7555 SUTTER HOME RED BLEND 750ML 6 21 792 7484 APOTHIC WHITE 750ML 6 42 794 7495 LAYER CAKE SEA OF ST RED 750ML 6 57 795 7139 GREAT AMER WINE CO CHARD 750ML 6 37 796 7128 CARNIVOR CABERNET SAUV 750ML 6 48 797 7030 BAREFOOT MALBEC 1.5L 6 53 803 7916 APOTHIC CRUSH 750ML 6 42 808 7960 BAREFOOT SANGRIA 1.5L 6 54 809 2925 BLACKSTONE MERLOT WMS 750ML 6 36 814 2998 R MONDAVI PVT SELMER 750ML 6 40 816 2959 BERINGER CHARD FOUND 750ML 6 28 839 1265 SUTTER HOME MOSCATO 1.5L 6 40 844 10356 CARLO ROSSI PAISANO 1.5L 6 34 852 489 CARLO ROSSI BLUSH 1.5L 6 34 858 5156 LIBERTY CREEK CHARDONNAY 1.5L 6 34 863 3957 LIBERTY CREEK MERLOT 1.5L 6 35 868 6037 CK MONDAVI WHT ZIN 1.5L 6 40 869 5898 BOTA BOX REVOLUTION 3L 6 84 871 5904 CLOS DU BOIS MERLOT 750ML 6 46 874 576 GALLO FAMILY CABERNET SA 750ML 6 26 879 5520 CUPCAKE RED VELVET 750ML 6 40 881 6383 CUPCAKE SWEET REISLING 7SOML 6 40 882 6368 TWISTED MOSCATO 1.5L 6 40 883 6369 TWISTED PINOT GRIGIO 1.5L 6 40 898 6413 SKINNY GIRL MOSCATO 750ML 5 24 904 6384 FRANZIA CABERNET OLD WORLD SL 5 60 905 6385 FRANZIA PINDT GRIGIO VNT SSL 5 64 906 6363 STARK RAVING WHITE BLEND 750ML 5 17 911 5950 FLIP FLOP MOSCATO 1.5L 5 33 912 5938 DREAMING TREE CRUSH RED 750ML 5 47 914 5892 BLACK BOX MEN MALBEC 3L 5 70 917 5977 MARK WEST PINOT NOIR 750ML 5 40 919 3618 BOTA BOX PINO GRIGIO 3L 5 70 921 5154 TWISTED MERLOT 1.5L 5 33 928 5395 BAREFOOT RED MOSCATO 750ML 5 21 929 5381 MIRASSOU MER SONOMA 750ML 5 35 932 4919 WOODBRIDGE RBT MONO PIN N 1.5L 5 40 945 1992 BAREFOOT SAUVIGNON BLANC 750ML 5 21 950 10879 FRANZIA CHILL RED HSE WINE 5L 5 50 953 12202 SUTTER HOME CHARDONAY 750ML 5 18 956 10909 FRANZIA WHITE ZINFZNDEL OLD WO 5 61 957 12382 TAYLOR TAWNEY PORT 750ML 5 25 972 2525 CLOS DU BOIS CAB SAUV 750ML 5 38 980 7966 DARK HORSE PETITE SYRAH 750ML 5 27 981 7958 REX GOLIATH MOSCATO 1.5 5 37 989 7838 EDNA VALLEY SAUV BLANC 750ML 5 40 Date 2/14/2017 nme 1 :02:25PM Page 7 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-cafegory Rank Item number Description Qty on hnd Cost on hand 991 7735 LIBERTY CREEK TETRA MOSCA 500M 5 12 995 7049 LIBERTY CREEK PINK MOS 1.5L 5 30 997 7135 UPPERCUT SAUVIGNON BLANC 750ML 5 37 999 7342 F COPPOLA OIA CHARDONNAY 750ML 5 42 1,001 7487 WOODWORK CHARDONNAY 750ML 5 38 1,004 7553 SOTA BOX SAUVIGNON BLANC 3L 5 70 1,005 7554 SUITER HOME RED BLEND 1.5L 4 27 1,009 7457 MENAGE A TROIS RED BLEND 750ML 4 35 1,015 7103 BOGLE PINOT NOIR 750ML 4 36 1,023 7750 LINE 39 CABERNET SAUVIGN 750ML 4 27 1,027 7849 DARK HORSE PINOT NOIR 750ML 4 21 1,035 3003 LOHR ESTATE CHARDONNAY 750ML 4 32 1,043 2760 CLOS DU BOIS CHARDONNAY 750ML 4 34 1,044 2767 FISH EYE PINOT GRIGIO 750ML 4 13 1,045 2808 MENAGE A TROIS RED 750ML 4 29 1,050 12546 WOODBRIDGE RBT MOND CHA 1.5L 4 32 1,051 1331 SOTA BOX MERLOT 3L 4 56 1,052 1335 FRANZIA SUNSET BLUSH HSE SL 4 40 1,053 1166 SUITER HOME MOSCATO 187ML 4 4 1,057 10586 CORBETI CANYON CAB SAUVIN 1.5L 4 22 1,058 10366 CARLO ROSSI RHINE 1.5L 4 23 1,070 4918 SEA GLASS PINOT NOIR 750ML 4 29 1,074 5152 TWISTED CHARDONAY 1.5L 4 27 1,081 3630 BONTERRA CAB SAUVIGNON 750ML 4 35 1,083 3490 PAUL NEWMAN CAB SAUV 750ML 4 27 1,084 3497 FISH EYE CHARDONNAY 1.5L 4 24 1,088 4022 CARLO ROSSI SANGRIA4L 4 49 1,090 4005 BOTA BOX CABERNET SAUVIGNON 3L 4 56 1,091 3982 FRANZIA BURG OLD WLD CLA SL 4 51 1,092 5964 FOXHORN PINOT/ CHARD 1.5L 4 24 1,093 5965 FOXHORN SHIRAZ 1.5L 4 24 1,094 5987 R MONDAVI PVT SEL MERLO 1.5L 4 45 1,095 5988 REX GOLIATH 47LB ROOSTER 750ML 4 19 1,096 5990 REX GOLIATH CABERNET 750ML 4 13 1,097 6014 SUITER HOME SWEET RED 750ML 4 14 1,098 5890 BLACK BOX SAUV BLANC 3L 4 56 1,099 5896 BLACKSTONE P NOIR WMS 750ML 4 20 1,100 5951 FLIP FLOP P GRIGIO 1.5L 4 27 1,104 577 GALLO FAMILY VIN HEARTY B 1.5L 4 37 1,108 5517 CUPCAKE CAB SAUV 750ML 4 27 1,110 6362 STARK RAVING RED BLEND 750ML 4 20 1,111 6370 TWISTED ZINFANDEL 1.5L 4 27 1,117 6415 SUITER HOME RED MOSCATO 1.5L 4 27 1,118 6382 CUPCAKE PINOT GRIGIO 750ML 4 24 1,130 6442 R MONDAVI PVT SEL PINO N 1.5L 3 38 1,136 6386 FRANZIA CRISP WHITE HSE WI SL 3 30 1,143 5963 FOXHORN MERLOT 1.5L 3 18 1,144 6035 CK MONDAVI MOSCATO 1.SL 3 22 Date 2/14/2017 Time 1;02;25PM Page 8 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 1,145 5991 REX GOLIATH CHARDONNAY 1.5L 3 20 1,146 5984 R MONDAVI PVT SEL CAB 1.SL 3 38 1,147 4006 BOTA BOX O V ZINFANDEL 3L 3 42 1,149 3506 FISH EYE SHIRAZ 1.SL 3 20 1,151 3462 BLACK BOX PINO GRIGIO 3L 3 42 1,152 3729 STERLING VINTNERS COL ZIN 750M 3 20 1,154 4566 BOTA BOX MALBEC 3L 3 42 1,159 5277 WOODBRIDGE RBT MONO MOS 1.5L 3 21 1,162 5383 MIRASSOU REISLING 750ML 3 22 1,168 4829 CUPCAKE CHARDONAY 750ML 3 17 1,169 4859 STERLING VINTNER COL MER 750ML 3 24 1,173 4742 LAYER CAKE CABERNET SAUV 750ML 3 31 1,174 4744 LAYER CAKE SHIRAZ 750ML 3 28 1,180 10346 CARLO ROSSI CHABLIS 1.5L 3 17 1,181 10157 BAREFOOT SWEET RED 750ML 3 13 1,182 10889 FRANZIA CHABLIS OLD WLD CLA SL 3 38 1,188 1330 SOTA BOX CHARDONAY 3L 3 42 1,204 2501 FRANZIA WHITE MERLOT OLD WORLD 3 38 1,210 334 GALLO FAMILY CHARDONNAY 750ML 3 12 1,212 3293 BLACK BOX MERLOT CALIFORIA 3L 3 42 1,216 3001 R MONDAVI PVT SEL SAUV 750ML 3 23 1,226 7863 MIRASSOU PINOT NOIR 1.5L 3 36 1,228 7748 AUSTERITY CHARDONNAY 750ML 3 30 1,229 7749 AUSTERITY PINOT NOIR 750ML 3 30 1,230 7728 VIN VAULT CABERNET SAUV 3.0L 3 40 1,231 7709 ZIN PHOMANIAC ZINFANDEL 750ML 3 30 1,232 7658 ALEXANDER VAL CHARDONNAY 750ML 3 32 1,238 7488 WOODWORK PINOT NOIR750ML 3 22 1,242 7579 BAREFOOT ROSSO RED BLEND 750ML 3 12 1,243 7585 KENDALL JACKSON PIN GRIS 750ML 3 22 1,245 7527 UPPERCUT CHARDONNAY 750ML 3 22 1,246 7542 MACMURRAY RUS RIV PIN NOIR 750 3 42 1,255 7138 STERLING V CO AROMATIC WHT 750 2 13 1,257 7050 LIBERTY CREEK PINOT NOIR 1.5L 2 12 1,261 7752 CLINE OAKLEY 82 RED BLEND 750M 2 15 1,267 7850 BOTA BOX NIGHTHAWK RED BL3.0L 2 27 1,270 7970 SOVERAIN CABERNET SAUV 750ML 2 13 1,274 2877 WOODBRIDGE RBT MON SAU 1.SL 2 16 1,275 3002 LOHR ESTATE CABERNET SAUV 750M 2 21 1,279 3380 REDWOOD CREEK PINOT NOIR 1.5L 2 15 1,293 12377 TAYLOR PORT 3L 2 25 1,294 1334 FRANZIA RED SANGRIA FRUIT SL 2 20 1,299 11422 KENDALL JACKSON CAB VINT 750ML 2 27 1,301 10869 FRANZIA CHARD VINTNERS SE SL 2 26 1,312 5379 MIRASSOU PINO GRIGIO 750ML 2 13 1,313 5394 CHOCOLATIE ROUGE 750ML' .. 2 16 1,321 5157 LIBERTY CREEK SWEET RED 1.5L 2 12 1,328 3730 STERLING VINTNERS COL SYR 750M 2 16 Date 2/14/2017 Time 1 :02:25PM Page 9 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 1,331 5989 REX GOLIATH CABERNET 1.5L 2 13 1,332 6038 CK MONDAVI PINOT GRIGIO 1.5L 2 15 1,333 6015 TOASTED HEAD CABERNET 750ML 2 13 1,334 5949 FLIP FLOP MERLOT 1.5L 2 13 1,338 5515 CUPCAKE MALBEC 750ML 2 13 1,340 621 FRANZIA MERLOT VINTNER SEL 5L 2 24 1,343 6485 CHARLES KRUG CHARDONNAY 750ML 2 27 1,346 6416 SUTTER HOME SWEET RED 1.5L 7 1,347 6419 SUTTER HOME MOSCATO 750ML 3 1,351 6258 WOLFGANG PUCK SAUV BL 750ML' .. 7 1,352 6379 MENAGE A TROIS PINOT GRI 750ML 7 1,354 5518 CUPCAKE PINOT NOIR 750ML 7 1,355 5519 CUPCAKE MOSCATO DI ASTI 750ML 8 1,364 5895 BLACKSTONE P GRIGIO 750ML" 6 1,365 5906 CLOS DU BOIS SAUV BL 750ML 8 1,366 6019 WOODBRIDGE RBT MOND Pl G 750ML 4 1,368 3499 FISH EYE PINOT GRIGIO 1.5L 7 1,369 3496 FISH EYE CABERNET SAUV 1.5L 6 1,371 3864 CHRISTIAN BROTH RUBY PORT 1.SL 7 1,379 4435 MENAGE A TROIS CHARD 750ML 7 1,387 5278 WOODBRIDGE RBT MOND MAL 1.5L 8 1,403 12376 TAYLOR PORT 1.5L 9 1,405 12566 WOODBRIDGE RBT MOND WHI Z 1.5L 7 1,416 3335 R MONDAVI PVT SEL REIS 750ML 7 1,423 7805 SUTTER HOME SANGRIA 750ML 4 1,427 7729 VIN VAULT CHARDONNAY 3.0L 13 1,428 7710 LAYER CAKE SAUV BLANC 750ML 8 1,432 7659 ALEXANDER VAL TEMP ZINFA 750ML B 1,435 7005 LAYER CAKE MALBEC 750ML 9 1,436 7107 REDWOOD CREEK PINOT GRIGI 1.5L 7 1,437 7134 VELVET CRUSH CABERNET SA 750ML 1 7 1,438 7160 SIP MOSCATO 750ML"' 1 9 1,444 7454 GALLO FAMILY VIN REISLING 1.5L 6 01/1004 totals 2,827 19,895 01/1005 289 6367 CYT CASILLERO DIABLO MER 750ML 20 109 303 2802 FRONTERACARMENERE 1.5L 18 120 381 5923 CYT CASILLERO DIA CHARDO 750ML 14 77 395 4406 FRONTERA MALBEC 1.5L 13 87 407 2752 SANTA RITA MERLOT 120 750ML 13 86 477 5922 CYT CASILLERO DIA CARM 750ML 11 60 478 5926 CYT CASILLERO DIA SAUV B 750ML 11 66 516 7899 CASAS DEL BOSQUE SYR ROSE 750M 10 73 555 10536 FRONTERACABERNET/MERLOT 1.5L 10 67 566 5921 CYT CASILLERO DIA CAB 750ML 10 54 567 5924 CYT CASILLERO DIA MALBEC 750ML 10 54 568 5925 CYT CASILLERO DIA P NOIR 750ML 10 67 581 6050 SANTACAROL VISTCAB/MER 1.5 9 49 Date 2/14/2017 Time 1 :02:25PM Page 10 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub..category Rank Item number Description Qty on hnd Coston hand 717 6100 SANTA CARO RSV SAUV BLAN 750ML 7 49 802 7898 CASAS DEL BOSQUE CARMENE 750ML 6 48 860 4405 FRONTERA PINOT GRIGIO 1.5L 6 40 872 5927 FRONTERA CAB SAUVIGNON 1.5L 6 40 873 5928 FRONTERA SAUVIGNON BL 1.5L 6 36 910 5929 FRONTERA SHIRAZ 1.5L 5 30 951 10556 FRONTERA MERLOT 1.5L 5 33 1,068 4878 FRONTERA MOSCATO 1.5L 4 26 1,192 2751 SANTA RITA CHARD 120 750ML 3 18 1,233 7012 SANTA CARO RSV PINO NOIR 750ML 3 22 1,237 7276 BOTA BOX PINOT NOIR 3L 3 42 1,264 7917 FRONTERA PINOT NOIR 1.5L 2 12 1,302 10546 FRONTERA CHARDONAY 1.5L 2 13 1,335 5930 FRONTERA VINT RED 1.5L 2 12 0111005 totals 219 1,390 01/1006 664 2952 MOUTON CADET WHITE BORD 750ML 8 55 1.124 6647 JACOT BEAUJOLAIS 750 ML 4 32 1,258 7662 HECHT & BANNIER ROSE 750ML 2 13 01/1006 totals 14 101 01/1007 481 3510 RELAX REISLING 750ML 11 77 636 7407 STONE FRUIT REISLING 750ML 9 54 1,222 7759 DR HANS VON MULL KABINETT 750M 3 25 0111007 lotals 23 155 0111009 248 7544 RISATA MOSCATO D ASTI 750ML 23 207 275 7798 TRE BACI BIANCO 750ML•• 20 84 302 7800 TRE BACI ROSSO 750ML •• 18 75 318 5393 ECCO DOMAN I PINO NOIR 750ML••• 17 136 364 7799 TRE BACI ROSATO 750ML.. 15 63 366 7680 BOLLA VALPOLICELLA 1.5L 14 131 466 6607 BARTE NU RA MOSCATO 750ML 12 120 469 6401 RUFFINO LUMINA PINO GRI 750ML 12 72 511 7446 DOLCETTO DALBA 750ML 10 113 523 7678 BANFI SAN ANGEL PIN GRIG 750ML 10 121 583 6047 FOLONARI PINOT GRIGIO 1.SL 9 68 585 6374 CAVIT REISLING 1.5L 9 88 596 5391 ECCO DOMAN! MERLOT 750ML••• 9 65 608 12062 RIUNITE RED LAMBRUSCO 750ML 9 36 654 7763 TERILOGIO SUPER TOSCANA 750ML 8 53 657 7955 PROPHECY PINOT GRIGIO 750ML 8 56 701 5902 CAVIT MERLOT 1.5L 8 75 702 5900 CAVIT CABERNET 1.5 8 75 767 7953 PROPHECY PINOT NOIR 750ML 7 49 785 7497 ECCO DOMANI PINOT GRIGIO 750ML 7 47 798 7636 ECCO DOMANI PROSECCO 750ML 6 40 805 7753 FOSS MARAI SPARKLING ROSE 750M 6 68 810 2917 BELLA SERA PINOT GRIGIO 1.SL 6 56 Date 2/14/2017 lime 1 :02:25PM Page 11 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 842 1100 CAVIT PINO GRIGIO 750ML 6 32 870 5903 CAVIT MOSCATO 1.5L 6 60 886 6402 RUFFINO ORVIETO CLASSIC! 750ML 6 35 900 6046 FOLONARI MONTEPULCIANO 1.5L 5 37 901 6054 FOLONARI CHIANTI 750ML 5 27 913 5901 CAVIT CHARDONNAY 1.5L 5 47 987 7882 CAVIT SELECT RED 1.5L 5 47 993 7677 BANFI CHIANTI SUPERIOR 750ML 5 37 1,002 7469 ROSCATO ROSSO 750ML 5 37 1,013 7211 MELINI CHINATI RESERVE 750ML 4 32 1,020 7679 BOLLA TORRALTA 750ML 4 45 1,022 7638 SANTA MARGHERITA PIN GRI 750ML 4 64 1,025 7937 MIALI PRIMITIVO 750ML 4 30 1,056 12136 RUFFINO CHIANTI 09 1.SL 4 40 1,133 6053 CA MONTINI PINOT GRIGIO 750ML 3 26 1,134 6048 PICCINI CHIANTI DOCG 1.5L 3 29 1,158 5160 BELLA SERA CHIANTE 750ML 3 18 1,172 466 RUFFINO CHIANTI 750ML 3 17 1,183 12066 RIUNITE RED LAMBRUSCO 1.SL 3 22 1,197 2630 CAVIT PINO GRIGIO 1.5L 3 30 1,198 2629 CAVIT PINO NOIR 1.5L 3 30 1,252 7467 ROSCATO BIANCO 750ML 2 15 1,342 6045 FOLONARI CHIANTI 1.5L 2 16 1,345 6609 CASTELLO DEL POGGIO MOSC 750ML 7 1,359 5835 RUFFINO CHIANTI 375ML.. 5 1,385 5250 STELLA ROSA ORNG MOS 750ML... 15 1,390 4981 GAVI LA LUCIANA 750ML••• 10 1,433 7681 BOLLA BARDOLINO 1.5L 9 01/1009 totals 349 2,716 01/1010 1,140 5750 KIKKOMAN PLUM WINE 1.5L 3 27 1,141 5751 KIKKOMAN PLUM WINE 750ML 3 16 1,360 5752 OZEKI SAKE 1.5L 9 1,361 5753 OZEKI SAKI 750ML 5 01/1010 totals 8 57 01 /1011 393 3784 SOLOMONS KIWI PR SAUV BL 750ML 13 88 429 2991 BOORDY SEVAL VIDAL CHARD 750ML 12 96 445 10262 BOORDY BLUSH (CRAB) 750ML 12 76 451 5335 ST MICHAELS GOLL WOB WHT 750ML 12 96 510 7592 BOORDY REISLING ( ORIOLE) ?SOM 10 80 514 6916 KNOB HALL VIDAL BLANC 750ML... 10 98 525 7643 OLNEY ACAi RASP CABERNET 750ML 10 81 534 3128 BOORDY SW SPICED WASSAIL 750ML 10 80 557 5186 LAYTONS CHANCE JO COO WT 750ML 10 71 621 3294 LINGANORE BW BLACKBERRY 750ML 9 72 0 635 7436 FIORE CHAMBOURCIN 750ML .. 9 95 638 7593 BOORDY CHAMBOU/MERLOT 750ML 9 84 786 7516 FAR EAST SHORE WI DRAGON 750ML 6 59 Dale 2/14/2017 Time 1 :02:25PM Page 12 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 865 3913 BORDELEAU WICOMICO RED 750ML 6 44 892 6911 KNOB HALL LE REVE ROU 750ML ... 6 59 894 6659 SOLOMONS ISL PINE PIN GR 750ML 5 33 924 5188 LAYTONS CHANCE JO COO RD 750ML 5 42 927 5336 ST MICHAELS GOLL WOB PNK 750ML 5 40 979 2992 BOORDY VIDAL BLA (HERON) 750ML 5 40 1,006 7512 FAR EAST SHORE WI SILVER 375ML 4 39 1,011 7272 ST MICHAELS ANCH AW ROSE 750ML 4 43 1,012 7273 ST MICHAELS GOL WOB PCH 750ML 4 36 1,028 7831 OLNEY BEECH BREEZE SANGRIA 750 4 32 1,054 1178 LINGANORE TERRAPIN WHITE 750ML 4 29 1,073 5338 ST MICHAELS WHITE VIDAL 750ML 4 40 1,086 3534 BOORDY SWEETLAND JAZZBERRY750M 4 32 1,113 6113 ST MICHAELS GOLL BLKBRY 750ML 4 36 1,160 5309 LINGANORE CAB SAUV 750ML.. ' 3 34 1,163 5334 ST MICHAELS GOLL WOB RED 750ML 3 24 1,224 7915 LAYTON$ CHANCE FARM RED 750ML 3 26 1,225 7902 OLNEY CRANBERRY SHIRAZ 750ML 3 24 1,244 7513 FAR EAST SHORE WI DREAM 375ML 3 48 1,251 7478 LAYTONS CH TLRB CH CL RD 750ML 2 23 1,266 7832 OLNEY FRUIT VIGONIER 750ML 2 16 1,276 2989 BOORDY PETIT CAB TERRAPI 750ML 2 19 1,298 1172 LINGANORE WHITE RAVEN 750ML 2 15 1,314 5312 BOORDY LANDMARK SER CHAR 750ML 2 20 1,319 5339 ST MICHAELS MARYLAND MER 750ML 2 20 1,329 3786 SOLOMONS BLACK RASPS MER 750ML 2 14 1,370 3787 SOLOMONS EXO FRT WHT ZIN 750ML 1 7 1,386 5221 GRT SHOALS APPL SPARK 750ML'.. 16 1,402 1201 LINGANORE STEEPLE CH RED 750ML 7 1,408 2576 LINGANORE SW SANGRIA 750ML 7 1,421 7978 BOORDY CHESAPEAKE CHARD 750ML 9 1,430 7646 OLNEY BLK CHER PIN NOIR 750ML 8 1,431 7647 FAR EAST SHR WI SUMMER 750ML 10 1,445 7517 FAR EAST SHORE WI AUTUMN 750ML 10 01/1011 totals 233 1,976 01/1012 1,112 6083 HAZLITT WHITE CAT 750ML 4 23 1,297 11656 MANISCHEWTZ WHT CON GRAP 1.5L 2 12 1,348 6082 HAZLITT WHITE CAT 1.5L 1 10 01/1012 totals 7 45 01/1013 628 7661 EL COTO RIOJA CRIANZA 750ML 9 61 770 7764 PROYECTO GARNACHA 750ML 7 42 884 6086 CRUZ GARCIA REAL SANGRIA 1.5L 6 36 889 6502 CRUZ GARCIA REAL SAN WHT 1.5L 6 36 1,010 748 YAGO SANGRIA 3L 4 47 1,119 6475 SLICES RED SANGRIA 750ML 4 24 1,186 12576 YAGO SANGRIA 1.5L 3 20 1,260 7629 VIDORRA REAL SANGRIA 1.5L 2 12 Date 2/14/2017 Time 1 :02:25PM Page 13 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 01/1013 totals 41 277 01/1015 290 5909 COLUMBIA CREST MER GR ES 750ML 20 120 342 5910 COLUMBIA CREST SYR GR ES 750ML 15 91 382 550 CHATEAU STE MICH REG REI 750ML 14 75 389 5907 COLUMBIA CREST CAB GR ES 750ML 13 78 462 5908 COLUMBIA CREST CHA GR ES 750ML 12 66 470 6407 CHATEAU STMICH SWEET RIS 750ML 12 72 655 7776 LONE BIRCH CHARDONNAY 750ML 8 54 703 5871 14 HANDS MERLOT 750ML 8 54 713 6435 CHATEAU STE MICHELLE CABER 750 7 75 769 7778 LONE BIRCH RED BLEND 750ML 7 47 784 7576 COLUMBIA WINERY MERLOT 750ML 7 65 875 5870 14 HANDS CHARDONNAY 750ML 6 44 976 3279 CHATEAU STE MICHELLE MER 750ML 5 55 986 7777 LONE BIRCH REISLING 750ML 5 34 1,007 7575 COLUMBIA WINERY CABERNET 750ML 4 37 1,059 10452 CHATEAU STE MICHELL CHAR 750ML 4 25 1,120 6406 14 HANDS HOT TO TROT 750ML 4 27 1,142 5872 14 HANDS REISLING 750ML 3 20 1,220 7774 BERGEVIN LANE SAUV BLANC 750ML 3 25 1,240 7577 COLUMBIA WINERY CHARDON 750ML 3 24 1,241 7578 COLUMBIA WINERY RED BLEND750ML 3 24 1,363 5914 COLUMBIACRST P GRIG 21.5L.. 1 10 01/1015 totals 164 1,122 01/1017 177 5827 LAB PORTUGUESE RED 750ML 32 128 415 7766 LAB PORTUGESE RED 3.0L 13 126 1,019 7000 PRESIDETIAL TAWNY PORT 750ML 4 32 1,132 6099 PRESIDETIAL RUBY PORT 750ML 3 24 1,250 7477 QUINTA DE CASAL MER/SYR 750ML 2 13 01/1017 totals 54 323 01/1019 341 5772 OREAMBIRD PINOT NOIR 750ML 16 51 1,362 5773 DREAMBIRD MOSCATO 750ML 1 3 01/1019 totals 17 54 01/1020 94 5356 PREMIUM BLEND KING GRGE GIN 1L 51 212 129 7841 PREMIUM BLEND KAFE LUNA 750ML 43 208 179 5354 PREMIUM BLEND ALMAND ROYAL 1L 31 129 234 5359 PREMIUM BLEND AMORE DI 750ML 24 116 323 7842 PREMIUM BLEND RHUMBERO COC 750 17 70 930 5355 PREMIUM BLEND PEPPMINT ROYA 1L 5 21 O111020 totals 171 755 0111021 183 3057 ALAMOS MALBEC 750ML 30 200 626 7950 UNO MALBEC 750ML 9 72 925 5236 BROQUEL CHARDONAY 750ML... 5 63 1,247 7541 DON MIGEL GASCON MALBEC 750ML 2 17 1,372 3801 TERRAZAS CHEVA DES AN 750ML••• 57 Date 2/14/2017 lime 1 :02:2SPM Page 14 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 0111021 totals 47 409 0111023 641 7438 TERRAPIN CELLARS PINO GR 750ML 8 86 1,026 7779 TRISAETUM DRY REISLING 750ML 4 43 1,029 7780 TRISAETUM PINOT NOIR 750ML 4 56 0111023 totals 16 185 01/1024 359 7024 TWO OCEANS SHIRAZ 750ML 15 64 475 6128 BEACH HOUSE WHITE WINE 750ML 11 66 573 6041 TWO OCEANS SAUV BLANC 1.5L 10 70 584 6130 BEACH HOUSE PINOT GRIGIO 750ML 9 54 708 6043 TWO OCEANS CHARDONNAY 1.5L 8 56 718 6274 THE GRINDER PINOTAGE 750ML 7 61 818 3118 KEN FORRESTER PETIT PIND 750ML 6 40 902 6044 TWO OCEANS SHIRAZ 1.5L 5 35 1,135 6039 TWO OCEANS CAB MERLOT 1.SL 3 21 1,209 3067 MAN PINOTAGE 750ML 3 22 0111024 totals 77 508 0111026 142 2680 MONKEY BAY SAUV BLANC 750ML 40 229 144 5975 KIM CRAWFORD SAUV BLANC 750ML 40 398 360 7455 STARBOROUGH SAUVIGNON BL 750ML 15 120 479 5982 NOBILO SAUVIGNON BLANC 750ML 11 81 528 7954 PROPHECY SAUV BLANC 750ML 10 70 789 7547 SILENI RSV TH STR SAUV BL 750M 6 52 854 4826 BRANCOTI PINOT NOIR 750ML ~· 6 54 982 7946 PETER YEALANDS SAUV BLANC 750M 5 43 1,157 5267 WHALE RIOER PINO NOIR 750ML 3 28 1,223 7945 PETER YEALANDS PINOT NOIR 750M 3 34 01/1026 totals 139 1,108 0111031 1, 161 5377 CHOCOVINE ESPRESSO 750ML 3 25 1,317 5376 CHOCOVINE 750ML 2 15 0111031 totals 5 40 01/1044 491 11252 HARVEYS BRISTOL CRM SHER.750ML 11 97 564 371 TAYLOR GOLDEN SHERRY 750ML 10 50 609 11056 SHEFFIELD CREAM SHERRY 1.5L 9 78 887 6403 TAYLOR GOLDEN SHERRY 1.5L 6 48 954 12302 TAYLOR CREME SHERRY 750ML 5 24 1,055 12316 TAYLOR DRY SHERRY 1.5L 4 32 1,131 6405 TAYLOR COOKING SHERRY 750ML 3 15 1,184 12306 TAYLOR CREME SHERRY 1.5L 3 26 0111044 totals 51 369 01/1045 520 7851 90+ CELLARS BIG RED BLEND 750M 10 63 524 7654 90+ CELLARS RU RIV CHARD 750ML 10 82 652 7651 90+ CELLARS ROSE LANOUE 75 OML 8 49 799 7649 90+ CELLARS SAUV BLANC 750ML 6 39 804 7893 90+ MONTERAY PINOT NOIR 750ML 6 50 Date 2/14/2017 TI me 1 :02:25PM Page 15 Worcester County Liquor Control Merchandise Analysis by Item number Category/SubRcategory Rank Item number Description Qty on hnd Cost on hand 983 7947 LILASAUVIGNON BLANC 4/CAN 1L 5 38 1,021 7653 90+ CELLARS NAPA CABERNET 750M 4 50 1,024 7852 90+ CELLARS REISLING MOS 750ML 4 25 1,030 7948 LILA ROSE CAN 4PK 1L 4 30 1,031 7949 LILA PINOT GRIGIO 4PK CAN 1 L 4 30 1,227 7895 90+ LOT 50 PROSECCO 750ML 3 20 01/1045 totals 64 475 01/1046 985 7772 RUBUS SAUVIGNON BLANC 750ML 5 40 1,221 7769 RUBUS PROPRIETARY RED 750ML 3 18 1,424 7768 RUBUS SHIRAZ BAROSSA 750ML 9 01/1046 totals 9 67 02/2003 3 15142 JIM BEAM BOURBON 750ML 149 1,478 10 15140 JIM BEAM BOURBON 1.75L 123 2,506 16 7864 JIM BEAM APPLE 50ML 110 73 19 6270 JIM BEAM HONEY 50ML 99 66 22 2122 EAGLE RARE S/B BOU 10 YR 375ML 92 896 33 5401 WILD TURKEY WITH HONEY 71 1L 77 1,538 36 15173 KENTUCKY GENTLEMAN BOUR 375ML 75 164 52 15180 KENTUCKY TAVERN KSBW BOU 1.75L 62 618 57 15174 KENTUCKY GENTLEMAN BOUR 200ML 61 102 61 15170 KENTUCKY GENTLEMAN BOUR 1.75L 60 618 109 15145 JIM BEAM BOURBON 50ML 47 31 128 15181 KENTUCKY TAVERN KSBW BOUR 1L 43 210 151 4202 WILD TURKEY WITH HONEY 71 SOML 38 45 181 15171 KENTUCKY GENTLEMAN BOURBON 1 L 31 151 194 60 EVAN WILLIAMS BLACK BOU 200ML 29 81 227 7865 JIM BEAM APPLE 750ML 24 288 239 6920 RED STAG HARD CORE CIDER 1L 23 441 254 15351 SEITER BOURBON 1L 22 120 294 15144 JIM BEAM BOURBON 200ML 19 65 304 101 EVAN WILLIAMS BLACK BOU 1. 75L 18 337 320 15113 EVAN WILLIAMS BLACK BOU 375ML 17 82 331 15112 EVAN WILLIAMS BLACK BOU 750ML 16 160 334 4409 WILD TURKEY WITH HONEY 1.75L 16 384 347 5252 BANKERS CLUB BOURBON 1.75L 15 171 352 15143 JIM BEAM BOURBON 375ML 15 98 403 15202 MAKERS MARK BOURBON 90 750ML 13 291 482 422 MAKERS MARK BOURBON 90 375ML 11 125 492 15220 OLD CROW BOURBON 3YR 1.75L 11 147 569 591 JIM BEAM BLACK BOURBON 86 1L 10 230 669 2519 ELIJAH CRAIG BOU 12 Y 94 750ML 8 186 675 15120 EZRA BROOKS KS BOU 90 1.75L 8 143 687 497 WOODFORD RES BOURBON 90 750ML 8 221 697 390 WILD TURKEY WITH HONEY 750ML 8 128 706 5411 JIM BEAM DEVILS CUT 1L 8 205 730 421 MAKERS MARK BOURBON 90 1.75L 7 313 742 4862 VERY OLD BARTON BOUR 100 750ML 7 64 Date 2/14/2017 Time 1:D2:25PM Page 16 Worcester County Liquor Control Merct:,andlse Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 753 15122 EZRA BROOKS KS BOU 90 750ML 7 62 754 15082 BULLEIT BOURBON 90 750ML 7 140 757 15370 VIRGINIA GENTLEMAN PET 1.75L 7 92 800 7694 FEW SPIRITS BOURBON 750ML 6 228 817 3146 OLD FORESTER BOURBON 861.75L 6 161 834 15383 WILD TURKEY BOURBON 101 375ML 6 36 903 635 WILD TURKEY BOURBON 1011.75L 5 151 935 5038 JIM BEAM DEVILS CUT 750ML 5 75 938 4763 EVAN WILLIAMS CHERRY RES 750ML 5 52 984 7847 JIM BEAM APPLE BOURB 1L 5 88 1,076 4088 RED STAG BOURBON 750ML 4 48 1,121 6602 OLD GRAND DAD BOURBON 80 1L 4 68 1,167 5081 RED STAG BOURBON 375ML 3 17 1,207 3081 EVAN WILLIAMS S/B BOU 90 750ML 3 67 1,219 778 WILD TURKEY BOURBON 81 750ML 3 46 1,296 15090 CABIN STILL 1.75L 2 26 1,311 5037 JIM BEAM DEVILS CUT 1.75L 2 67 1,425 7873 MAKERS MARK CASK STR BBN 750ML 48 02/2003 totals 1,461 14,245 03/3001 23 17134 BOSTON PEACH BRANDY 200ML 91 140 26 7877 E & J APPLE BRANDY 50ML 87 60 29 17083 BOSTON APRICOT BRANDY 375ML.. 79 222 30 17093 BOSTON BLACKBERRY BRDY 375ML"" 79 223 31 17094 BOSTON BLACKBERRY BRANDY 200ML 77 123 59 17273 PAUL MASSON BRANDY VS 375ML 60 261 69 17183 E & J BRANDY 375ML 57 224 104 17091 BOSTON BLACKBERRY BRANDY 1L 48 295 113 7433 PAUL MASSON GR AM PEACH 375ML 47 205 148 7876 E & J APPLE BRANDY 750ML 39 343 150 17184 E & J BRANDY 200ML 38 95 153 17081 BOSTON APRICOT BRANDY 1L 36 221 154 17272 PAUL MASSON BRANDY VS 750ML 36 342 174 17274 PAUL MASSON BRANDY VS 200ML 32 86 205 7179 PAUL MASSON GR AMB PEACH 750ML 28 238 211 17194 E & J BRANDY VSOP 200ML 26 72 226 7881 PAUL MASSON RED BERRY 750ML 24 204 351 17270 PAUL MASSON BRANDY VS 1.75L 15 247 375 17123 BOSTON GINGER BRANDY 375ML 14 61 402 17133 BOSTON PEACH BRANDY 375ML" 13 37 490 17182 E & J BRANDY 750ML 11 88 504 7812 E & J PEACH BRANDY 750ML 11 96 561 4248 STOCK 84 BRANDY 1.75L 10 150 668 237 E & J BRANDY VSOP 750ML 8 70 743 17150 CHRISTIAN BROTH BRAND VS 1.75L 7 105 823 3038 PAUL MASSON BRANDY VSOP 1.75L 6 115 891 6596 CHRISTIAN BROTH BRA VSOP 750ML 6 55 944 17153 CHRISTIAN BROTH BRAND VS 375ML 5 21 Date 2114/2017 TI me 1:02:25PM Page 17 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 946 1857 E & J XO BRANDY 375ML 5 23 1,064 17180 E & J BRANDY 1.75L 4 65 1,175 17151 CHRISTIAN BROTH BRAND VS 1L 3 29 1,176 17152 CHRISTIAN BROTH BRAN VS 750ML 3 23 1,185 112 PAUL MASSON BRANDY VSOP 750ML 3 31 1,300 1215 CHRISTIAN BROTHER FR WHT 750ML 2 16 1,307 17163 DEK BLACKBERRY BRANDY 375ML' .. 2 9 1,392 17193 E & J BRANDY VSOP 375ML 4 03/3001 tolals 1,013 4,601 03/3002 1,066 17292 RAYNAL VSOP FRENCH BRAND 750ML 4 44 1,286 21952 METAXA OUZO 750ML 2 27 03/3002 totals 6 71 04/4001 44 18295 JACK DANIELS BLACK LABEL 50ML 68 68 50 7079 FULL THROTTLE VANILLA 750ML .. 63 1,165 100 7077 FULL THROTTLE PECH SLO 750ML.. 48 888 166 18292 JACK DANIELS BLACK LABEL 750ML 34 653 169 7078 FULL THROTTLE STRAWBER 750ML" 34 629 185 18290 JACK DANIELS Bl.ACK LABEL 1.75L 30 1,020 195 18293 JACK DANIELS Bl.ACK LABEL 375ML 29 242 213 15100 EARLY TIMES KY WHISKEY 1.75 26 347 249 7076 FULL THROTTLE BLAKBERY 750ML" 23 425 267 5141 JACK DANIELS W/HONEY 375ML 21 168 401 18294 JACK DANIELS BLACK LABEL 200ML 13 74 425 7690 VIRGINIA LIGHTNING WHISK 750ML 12 160 457 3974 BANKERS CLUB BLEND WHIS 750ML 12 49 597 4761 WHITETAIL CARAMEL WHISK 750ML 9 123 600 18232 GENTLEMAN JACK RARE 80 750ML 9 216 893 6980 TIM SMITHS CLIMAX MOONSH 750ML 5 109 959 15102 EARLY TIMES KY WHISKE 750ML ••• 5 42 1,067 18312 JACK DANIELS SINGLE BAR 750ML 4 155 1,170 4885 JACK DANIELS W/HONEY 750ML 3 58 1,236 7151 GEORGE DICKEL WHITE WHSK 750ML 3 52 1,259 7664 BIRD DOG APPLE WHISK 750ML 2 24 1,414 3053 GENTLEMAN JACK RARE 80 1.75L 49 1,429 7711 ALASKA OUTLAW WHISKEY 750ML 27 1,434 7075 FULL THROTTLE APPLE 750ML" 19 04/4001 totals 456 6,759 04/4002 386 6337 FIREFLY WHT LIGHT MOONSH 750ML 13 208 572 5638 MIDNIGHT MOONSHNE APPLE 750ML 10 152 707 6107 MIDNIGHT MOON BLUEBERRY 750ML 8 121 907 6334 FIREFLY CARAMEL MOONSH 750ML 5 80 1,008 7612 OLE SMOKY MOON CHARRED HD 750 4 68 1,106 5433 OLE SMOKY MNSHN ORIGINAL 750ML 4 68 1,339 6300 MIDNIGHT MOONSHINE CRAN 750ML 2 31 1,349 6108 MIDNIGHT MOON STRAWBERRY 750ML 1 15 1,350 6109 OLE SMOKY MNSHN PEACH 750ML 14 Date 2/14/2017 Time 1 :02:25PM Page 1B Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 1,384 5126 MIDNIGHT MOONSHNE CHERY 750ML 15 04/4002 totals 49 772 04/4003 95 2204 JOHN JAMESON IRISH WHISK 50ML 50 67 209 18322 JOHN JAMESON IRISH WHISK 750ML 26 460 280 272 JOHN JAMESON IRISH WHISK 1.75L 20 750 760 2490 BUSHMILL !RISH WHISKY 80 1.75L 7 235 779 7121 PADDY BEE STING WHSKY 750ML.. ' 7 102 1,003 7398 JOHN JAMESON SLCT BLK BRL 750M 5 135 1,065 18032 BUSHMILL IRISH WHISKY 80 750ML 4 69 1,079 4589 THE KNOT IRISH WHISKEY 750ML 4 76 1,138 5429 BUSH MILL !RISH HONEY WHISKY 1 L 3 72 1,353 5430 BUSHMILL !RISH HONY WHIS 750ML 1 18 04/4003 totals 127 1,984 04/4005 272 7695 FEW SPIRITS RYE WHISKEY 750ML 21 998 385 6976 WISERS RYE WHISKEY 750ML''' 14 237 643 7271 ANGELS ENVY RYE WHISKEY 750ML 8 477 807 7828 DADS HAT RYE WHISKEY PORT750ML 6 188 988 7827 DADS HAT RYE WHISKEY VERM 750M 5 157 1,150 352 PtKESVILLE RYE 750ML 3 34 1,265 7826 DADS HAT RYE WHISKEY 750ML 2 53 04/4005 totals 59 2,144 04/4009 127 18283 IMPERIAL BLEND 375ML 44 115 210 18280 IMPERIAL BLEND 1.75L 26 218 284 18474 SEAGRAMS 7 CROWN PET 200ML 20 65 293 18470 SEAGRAM$ 7 CROWN 1.75L 19 261 308 18473 SEAGRAM$ 7 CROWN 375ML 18 108 349 18475 SEAGRAMS 7 CROWN 50ML 15 15 684 18471 SEAGRAM$ 7 CROWN 1L 8 108 850 18151 CLUB 400 BLEND 1L 6 29 937 4796 SEAGRAMS 7 CRN DARK HONY 750ML 5 54 1,085 354 CALVERT EXT BLEND WHISKY 1.75L 4 47 1,315 5348 DEATHS DOOR BL WHISK 750ML... 2 58 1,391 18150 CLUB 400 BLEND 1.75L 1 9 04/4009 totals 168 1,087 04/4011 24 18360 LORD CALVERT CANADIAN 1.75L 90 935 34 437 CANADIAN LEAF 3YR 200ML 76 100 41 18494 SEAGRAMS VO 200ML 72 262 49 18093 CANADIAN LTD 375ML 63 164 58 18165 CROWN ROYAL 50ML 61 120 68 18061 CANADIAN CLUB 6 YR 1L... 57 821 97 4260 CANADIAN HUNTER WHISKY 375ML .. 49 134 111 18000 BLACK VELVET 1. 75L 47 470 123 4267 RICH AND RARE WHISKEY 375ML 44 144 139 18103 CANADIAN MIST 375ML 41 156 146 18365 LORD CALVERT CANADIAN 50ML 39 23 Date 2114/2017 Time 1 :02:25PM Page 19 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 149 18090 CANADIAN LTD 1.75L 38 350 152 18162 CROWN ROYAL 750ML 37 853 167 18495 SEAGRAMS VO 50ML 34 40 180 18160 CROWN ROYAL 1.75L 31 1,240 186 18492 SEAGRAM$ VO 750ML 30 300 208 18372 LORD CALVERT CANAD! TRAY 750ML 27 194 225 7781 WINDSOR CANADIAN WHISKEY 50ML 25 12 251 18005 BLACK VELVET 50ML 22 15 252 18363 LORD CALVERT CANADIAN 375ML 22 88 257 4256 CANADIAN HUNTER WHISKEY 1.75L 22 178 307 18364 LORD CALVERT CANADIAN 200ML 18 50 333 18490 SEAGRAM$ VO 1.75L 16 267 348 18491 SEAGRAMS VO 1L 15 255 350 18092 CANADIAN LTD 750ML 15 70 376 18102 CANADIAN MIST 750ML 14 108 447 18530 WINDSOR CANADIAN 1.75L 12 120 509 7539 CROWN ROYAL REGAL APPLE 750ML 10 231 522 7732 CROWN ROYAL REGAL APPLE 50ML 10 20 556 18003 BLACK VELVET 375ML 10 47 560 436 CANADIAN LEAF 3YR 375ML 10 23 732 404 CANADIAN LEAF 3YR 1.75L 7 64 748 1081 SEAGRAMS VO GOLD 1. 75L 7 168 939 18164 CROWN ROYAL 200ML 5 35 940 18362 LORD CALVERT CANADIAN 750ML... 5 36 943 18004 BLACK VELVET 200ML 5 12 994 7655 CROWN ROYAL REGAL APPLE 1.75L 5 200 1,078 4268 RICH AND RARE WHISKEY 200ML ••• 4 9 1,305 18493 SEAGRAM$ VO 375ML 2 13 1,306 18533 WINDSOR CANADIAN 375ML•• 2 8 1,308 18161 CROWN ROYAL BAR 1L 2 57 1,324 4265 RICH AND RARE WHISKEY 750ML 2 11 1,378 4263 RICH AND RARE WHISKEY 1.75L 10 0 1,393 18064 CANADIAN CLUB 6 YR 200ML 4 1,394 18001 BLACK VELVET 1L.. 9 04/4011 totals 1,106 8,424 05/5001 82 5660 SKINNY GIRL WH PEA MAR 750M'.. 53 389 681 19454 KAHLUA DTG WHT RUSS CKT 200ML 8 13 848 1763 JOSE CUERVO GOLDEN MARG 750ML 6 59 856 4925 JOSE CUERVO LIME LGT MAR 1.75L 6 72 897 6587 MALIBU PINEAPPLE RTD CAN 800ML 5 21 942 1762 JOSE CUERVO GOLDEN MARG 1.75L 5 80 0 1,089 3998 SMIRNOFF TUSC LEM CKT 750ML' 4 43 1,253 7192 MALIBU FUZZY PIN RTD CAN 800ML 2 11 1,395 19444 KAHLUA DTG MUDSLIDE CKT 200ML 2 1,442 7496 JOSE CUERVO TEAGARITA RTD 1.75 16 0515001 totals 91 705 06/6002 96 1863 REMY MARTIN VSOP COGNAC 50ML 50 150 Date 2/14/2017 Time 1:02:25PM Page 20 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 197 20102 HENNESSY COGNAC VS 750ML 28 756 224 20103 HENNESSY COGNAC VS FLASK 375ML 25 400 603 20052 COURVOISIER COGNAC VSOP 750ML 9 306 958 1353 REMY MARTIN VSOP COGN 200ML.. 5 48 1,295 1381 REMY MARTIN 1738 ACCORD 750ML 2 82 1,399 20100 HENNESSY COGNAC VS 1.75L 1 65 06/6002 totals 120 1,806 07/7001 2 21331 BOSTON CREME DE BANANA 1L 209 755 42 4351 VEEV ACAi LIQUEUR 750ML 69 1,209 60 21311 BOSTON BLACK RASPBERRY 1L 60 217 65 21431 BOSTON TRIPLE SEC 1L 59 213 116 21592 FRANCESCA HAZELNUT 42 750ML 46 239 147 21341 BOSTON CREME DE CACAO BROWN 1L 39 141 201 22143 SOUTHERN COMFORT 70 375ML 28 168 244 21351 BOSTON CREME DE CACAO WHITE 1L 23 83 311 21412 BOSTON ROCK & RYE/ FRUIT 750ML 18 94 339 5586 KINKY LIQUEUR 750ML 16 170 372 22140 SOUTHERN COMFORT 70 1.75L 14 314 484 4460 SOUTHERN COMFORT LIME 1L .. 11 165 521 7699 XILLI LIQUEUR 750ML 10 143 692 4358 FIREFLY SOUTH LEMONAD 1.75L•• 8 133 747 21501 DEK AMARETTO SILK SIGNATURE 1L 7 63 752 1325 DEK CACAO DARK LIQ SIGNAT 1L 7 59 775 7628 KINKY GOLD LIQUEUR 750ML 7 74 926 5264 LAZZARONI AMARETTO wmN 750ML 5 57 1,061 21291 BOSTON ANISETTE 1L 4 14 1,062 21371 BOSTON CREME DE MEN GREEN 1L 4 14 1,341 6229 ST ELDER ELDERFLOWER LIQ 750ML 2 26 1,400 21391 BOSTON MELON LIQUEUR 1L 1 4 1,411 22142 SOUTHERN COMFORT 70 750ML 12 01noo1 totals 648 4,365 07ll002 1 4851 FIREBALL CINNAMON WHISKEY 50ML 278 105 9 4997 FIREBALL CINNAMON WHISKEY 1L 126 1,718 70 21835 JAGERMEISTER 50ML 57 68 91 22223 YUKON JACK 100 375ML 51 357 92 6349 ANTICA MASTI SAMBUCA 1L .. 51 445 114 918 SABROSO COFFEE LIQUEUR 481L.. 46 286 117 21611 FRANGELICO LIQUEUR 1L 46 1,244 164 21845 KAHLUA COFFEE LIQUEUR 50ML 34 54 176 5144 FIREBALL CINNAMON WHIS 375ML 32 144 200 21844 KAHLUA COFFEE LIQUEUR 200ML 28 168 229 1523 ROMANASAMBUCA 84 1L 24 624 246 21491 COPA DE ORO COFFEE LIQ 531L 23 193 256 21833 JAGERMEISTER 375ML 22 183 268 21852 KAPALI LICOR DE CAFE 40 750ML 21 119 313 5170 FIREBALL CINNAMON WHIS 1.75L 18 303 325 7740 VINIQ RUBY LIQUEUR 750ML 17 213 Date 2114/2017 Time 1 :02:25PM Page 21 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 374 1561 GRAND MARNIER CORDON R 200ML 14 112 377 21052 BAILEYS !RISH CREAM 750ML 14 258 379 4139 !RISH MANOR CREAM LIQ 750ML 14 123 396 487 JAGERMEISTER 1.75L 13 412 400 21022 DI SARONNO AMARETTO 750ML 13 231 419 738 TUACA LIQUEUR 1L 12 252 439 22222 YUKON JACK 100 750ML 12 223 440 21842 KAHLUA COFFEE LIQUEUR 750ML 12 160 441 21755 GRAND MARNIER CORDON R 50ML 12 37 442 21482 COINTREAU LIQUEUR 750ML 12 337 467 6591 HERBSAINT LIQUEUR 750ML 12 312 495 2308 !RISH MANOR CREAM LIQ 1.75L 11 202 496 22102 SABROSO COFFEE LIQUEUR 750ML 11 55 545 21752 GRAND MARNIER CORDON R 750ML 10 288 546 21812 !RISH MIST LIQUEUR 750ML 10 210 586 5842 JAGERMEISTER W/AMP GIFT 750ML 9 144 602 21012 DI AMORE AMARETTO LIQUEU 750ML 9 64 605 21440 CAFFE LOLITA GOFFE LICOR 1.75L 9 132 606 103 CARAVELLA LIMONCELLO 750ML 9 115 611 1135 TUACALIQUEUR 1.75L 9 288 613 143 YUKON JACK 100 200ML ..' 9 34 615 21832 JAGERMEISTER 750ML 9 144 616 21840 KAHLUA COFFEE LIQUEUR 1.75L 9 285 619 2476 AMARETTO DI AMORE LIQUEU 1.75L 9 133 630 6937 BAILEYS VANILLA CINNAMON 750ML 9 146 658 961 COINTREAU LIQUEUR 375ML 8 135 670 2546 IRISH MANOR CREAM LIQUR 50ML'' 8 11 674 141 JAGERMEISTER 200ML 8 37 731 4241 STOCK GRAN GALA LIQUEUR 1.75L 7 160 741 478 KAMORA COFFEE LIQUEUR 1L 7 66 756 1449 JUAREZ TRIPLE SEC 30 1L 7 20 768 99 GRAND MARNIER CORDON R 375ML 7 95 826 22212 TUACA LIQUEUR 750ML 6 96 835 1596 PATRON XO CAFE 70 750ML 6 72 845 21750 GRAND MARNIER CORDON R 1.75L 6 360 846 21112 BLACK HAUS 80 750ML 6 104 857 5341 CHOCO-LAT LIQUEUR 750ML 6 54 864 4012 KEKE BEACH 750ML.. ' 6 72 896 675 KAPALI LICOR DE CAFE 40 1.75L 5 76 947 1906 BAILEYS IRISH CREAM 1L 5 120 948 21053 BAILEYS IRISH CREAM 375ML 5 53 949 21042 B & B LIQUEUR 750ML 5 130 962 274 BAILEYS IRISH CREAM 1.75L 5 175 968 22213 TUACA LIQUEUR 375ML 5 45 969 21882 LICOR 43 750ML 5 70 1,039 21843 KAHLUA COFFEE LIQUEUR 375ML 4 35 1,060 21002 AFTER SHOCK LIQUEUR 80 750ML 4 71 1,075 4101 LICOR 43 1.75L 4 160 Date 2/14/2017 Time 1:02:25PM Page 22 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 1,156 5139 OR G LIQUER 750ML 3 46 1,178 21612 FRANGELICO LIQUEUR 750ML 3 51 1,199 22072 ROMANA BLACK SAMBUCA 80 750ML 3 64 1,200 22082 ROMANA SAMBUCA 84 750ML.. 3 67 1,218 98 BARENJAGER HONEY LIQ 70 750ML 3 64 1,234 712 GALLIANO LIQUORE 375ML 3 45 1,256 709 TUACA LIQUEUR 50ML .. 2 3 1,268 930 CARAVELLA ORANGECELLO 750ML 2 22 1,290 1539 EVERGLO LIQ WITH VOD/TEQ 750ML 2 31 1,357 5738 CAMPARI APERTIVO 750ML 23 1,412 22083 ROMANA SAMBUCA 84 375ML 11 07/7002 totals 1,307 13,563 08/8001 21 25294 SKOL GIN 200ML 92 107 25 25061 BOWMANS GIN 1L 88 343 79 7693 FEW SPIRITS AMERICAN GIN 750ML 54 1,077 141 25274 SEAGRAMS EXTRA DRY GIN 200ML 40 93 170 25291 SKOL GIN 1L''' 33 147 171 25130 GORDONS GIN 1.75L 33 330 233 25273 SEAGRAMS EXTRA DRY GIN 375ML 24 88 273 7715 COMMONWEALTH GIN 750ML 21 519 371 25100 CRYSTAL PALACE GIN 1.75L 14 103 406 25120 GILBEYS GIN 1.75L 13 133 438 25070 BURNETTS WHITE SATIN GIN 1.75L 12 125 444 25272 SEAGRAMS EXTRA DRY GIN 750ML 12 95 543 25110 FLEISCHMANNS GIN 1.75L 10 82 563 3850 NEW AMSTERDAM GIN 1.75L 10 147 727 393 GILBEYS GIN 375ML 7 30 759 25270 SEAGRAMS EXTRA DRY GIN 1. 75L 7 106 830 261 WHITE MARLIN GIN 1.75L 6 48 971 25271 SEAGRAMS EXTRA DRY GIN 1L 5 65 1,017 7124 DELAWARE SPICED RUM 750ML 4 88 1,042 25293 SKOL GIN 375ML.. ' 4 8 1,063 190 WHITE MARLIN GIN 1L 4 18 1,128 6923 DELAWARE GIN 750ML 3 66 1,177 19522 SEAGRAMS & JUICE 750ML 3 21 1,196 25290 SKOL GIN 1.75L 3 25 1,202 25190 MCCORMICK GIN 1.75L''' 3 30 1,208 3085 SEAGRAMS APPLE TWIST GIN 750ML 3 26 1,316 5349 DEATHS DOOR GIN 750ML 2 45 1,415 3330 NEW AMSTERDAM GIN 750ML 1 8 08/8001 totals 511 3.974 0818002 90 25303 TANQUERAY GIN FLASK 94.6 375ML 51 333 199 25301 TANQUERAY GIN 94.6 1L 28 626 222 2523 BULLDOG GIN 750ML 25 407 282 25032 BOMBAY SAPPHIRE GIN 94 750ML 20 332 370 25030 BOMBAY SAPPHIRE GIN 94 1.75L 14 397 542 25010 BEEFEATER GIN 1.75L 10 225 Date 2/14/2017 Time 1:02:25PM Page 23 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub.category Rank Item number Description Qty on hnd Coston hand 825 25021 BOMBAY DRY GIN 861L 6 120 840 1088 MAGELLAN GIN 88 750 ML 6 118 1,413 25035 BOMBAY SAPPHIRE GIN 94 50ML 1 2 08/8002 totals 161 2,559 09/9001 416 7610 EVERCLEAR GRAIN 189 750ML 13 143 990 7860 EVERCLEAR GRAIN 189 375ML 5 33 1,248 7609 EVERCLEAR GRAIN 1891.75L 2 44 09/9001 totals 20 220 10/10001 27 7685 BAYOU RUM WHITE 200ML 86 341 51 7683 BAYOU RUM WHITE 750ML 63 988 191 7702 BAYOU RUM 1L.. 29 551 271 7704 BAYOU RUM SELECT 750ML 21 559 286 3968 BANKERS CLUB GOLD RUM 1L 20 95 448 191 WHITE MARLIN RUM 1L 12 60 512 7257 SEACRETS RUM WHITE 1L ... 10 161 758 262 WHITE MARLIN RUM 1.75L 7 62 861 3538 TRADER VICS SPICED RUM 1.75L 6 78 1,269 849 PORT ROYAL WHITE RUM 1L 2 9 1,271 953 PORT ROYAL DARK RUM 1 L 2 9 10/10001 totals 258 2,913 10/10002 81 26280 BOWMAN$ RUM 1.75L 53 391 103 3966 BACARDI DRGNBERRY STRAW 1L 48 664 107 26270 BARTON LIGHT RUM 1.75L 47 357 165 26170 BACARDI LIGHT RUM 1.75L 34 590 168 4094 BACARDI DRGNBERRYSTRAW 1.75L 34 708 196 1787 BACARDI COCO RUM 1.75L 29 598 202 3314 DON Q GOLD RUM 750ML 28 237 215 26174 BACARDI LIGHT RUM 200ML 26 87 221 26173 BACARDI LIGHT RUM 375ML 25 120 265 339 BACARDI ORUM 1.75L 21 435 298 7968 J WRAY GOLD RUM 1.75 18 331 345 4954 PORT ROYAL DARK RUM 1.75L 15 119 408 26660 MOUNT GAY ECLIPSE RUM 1.75L 13 428 426 77 GOSLING BLACK SEAL RM 80 750ML 12 167 455 4136 BACARDI DRGNBERRY STRAW 375ML 12 67 493 26150 BACARDI GOLD RUM 1.75L 11 192 589 3876 DON Q CRISTAL RUM 1.75L 9 137 599 1788 BACARDI BLACK RAZZ RUM 1.75L 9 188 614 26260 BARTON GOLD RUM 1.75L 9 68 673 26691 MYERS'$ ORIG DARK RUM 1 L 8 199 686 4951 BACARDI ROCK COCONUT 750ML 8 93 744 2021 DON Q GOLD RUM 1. 75L 7 107 821 3247 MOUNT GAY SILVER RUM 1.75L 6 160 828 2270 MYERS'$ PLATINUM RUM 1 V .. 6 67 831 26662 MOUNT GAY ECLIPSE RUM 750ML 6 96 847 2000 BACARDI GRAND MELON RUM 750ML 6 71 Dale 2/14/2017 Time 1 ;02;25PM Page 24 Worcester County Liquor Control Merchandise Analysis by Item numbe"r Category/Sub-category Rank ftem number Description Qty on hnd Coston hand 934 5071 BACARDI OAKHEART SPICED 70 1L 5 75 964 26810 RDNRICO SILVER RUM 1.75L 5 54 966 26202 BACARDI O RUM 750ML 5 41 1,016 7106 CPT MORGAN WHITE RUM 1.75L 4 68 1,041 26120 APPLETON SPEC! GLD 80 1.75L" 4 74 1,046 1593 BACARDI BIG APPLE RUM 1 L'" 4 59 1,071 4949 BACARDI ARCTIC GRAPE RUM 750ML 4 47 1,087 3879 DON Q CRISTAL RUM 375ML 4 16 1,195 26770 RON PABLO WHITE RUM 1.75L 3 28 1,201 233 PUSSERS RUM 84 750ML 3 45 1,205 2409 BACARDI PEACH RED RUM 750ML 3 30 1,284 228 CPT MORG SILVER RUM 70 750ML 2 29 1,291 1604 CONCH REPUBLIC LIGHT RUM 1L" 2 12 1,323 4274 RUM CHATA 750ML" 2 26 1,376 4065 BACARDI DRGNBERRY STRAW 750ML 9 1,380 4441 MOUNT GAY 1703 XXO RUM 750ML" 80 1,396 1999 BACARDI GRD MELON RUM 1.75L" 22 1,409 26154 BACARDI GOLD RUM 200ML 3 1,410 2213 BACARDI ANEJO RUM 750ML 1 14 1,422 7825 BACARDI BLACK RUM 750ML 1 10 10/10002 totals 556 7,419 10/10004 38 7686 BAYOU RUM SPICED 200ML 74 295 159 7684 BAYOU RUM SPICED 750ML 36 564 190 7705 BAYOU RUM SATSUMA 750ML 30 470 992 7703 BAYOU RUM SPICED 1L" 5 95 10/10004 lotals 145 1,425 10/10005 4 7597 BLACKHEART SPICED RUM 50ML 145 71 6 5593 MALIBU RED RUM 50ML" 139 215 20 6155 RUM JUMBIE PASSION FT 750ML'" 93 716 45 5527 MALIBU RED RUM 750ML 66 545 47 2395 MALIBU TROP BANANA RUM 750ML 65 550 67 5661 RUM CHATA 1.75L 58 1,547 72 28410 CPT MORG SPICED RUM 1.75 56 1,164 74 4219 RUM JUMBIE VANILLA 750ML'" 56 398 80 26412 CPT MORG SPICED RUM 750ML 53 654 84 3887 DON Q LIMON RUM 750ML 53 377 86 5457 CPT MORG BLACK SPICE RUM 50ML 52 61 112 4190 DON Q COCONUT RUM 750ML 47 334 145 2394 MALIBU TROP BANANA RUM 1.75L" 39 564 155 167 CPT MORG SPICED RUM 200ML 36 144 220 4540 CALYPSO SPICED RUM 1.75L 25 213 240 6330 BACARDI PINEAPPLE FUSION 1.75L 23 479 259 6126 CHILA ORCHATA CtNN RUM 1L 22 309 269 26394 CPT MORG PARROT BAY RUM 200ML 21 80 288 4432 BACARDI TORCHED CHERRY RUM 1L 20 269 312 4874 RON ROBERTO COCONUT RUM 1 L" 18 98 317 6182 MALIBU SPICED RUM 1L" 17 188 Dote2/14/2017 Time 1:02:25PM Page 25 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 338 5559 BACARDI BLACK RAZZ RUM 1L... 16 229 387 6135 BACARDI PINEAPPLE FUSION 1L 13 180 443 26610 MALIBU COCONUT RUM 421.75L 12 200 505 7282 BACARDI MANGO FUSION RUM 750ML 11 114 506 73 SAILOR JERRY SPICED 750ML... 11 165 551 26393 CPT MORG PARROT BAY RUM 375ML 10 67 559 4541 CALYPSO SPICED RUM 1L 10 55 601 2092 SAILOR JERRY SPICED RUM 200ML 9 40 645 7118 SUGAR ISLAND COCONUT RUM 750ML 8 118 646 7119 SUGAR ISLAND SPICED RUM 750ML 8 118 680 2091 SAILOR JERRY SPICED RUM 375ML 8 64 683 1829 CPT MORG TATTOO RUM 750ML 8 114 691 4211 RUM JUMBIE VANILLA 1.75L.. 8 99 699 6032 CPT MORG LIME BTE RUM 1.75 8 197 726 3884 DON Q LIMON RUM 1.75L 7 106 728 3688 CPT MORG SPICED RUM 100 750ML 7 112 829 263 MALIBU MANGO RUM 1.75L 6 100 849 1741 CPT MORG PARROT BAY MANG 1.75L 6 113 895 6628 MALIBU SWIRL STRAWBRY RUM 1L .. 5 55 915 6031 BACARDI PEACH RED RUM 1.75L 5 104 965 26411 CPT MORG SPICED RUM 1L 5 86 1,014 7220 CRUZAN PEACH RUM 750ML 4 35 1,040 26101 ADMIRAL NELSON COCONUT 42 1L 4 29 1,082 3689 CPT MORG KEY LIME RUM 750ML 4 29 1,114 6151 DON Q PASSI FRUIT RUM 1.75L•• 4 67 1,283 302 CPT MORG PARROT BAY PINE 1.75L 2 36 1,285 2225 SAILOR JERRY SPICED RUM 50ML 2 1,326 4433 SEVEN TIKI SPICED RUM 750ML 2 29 1,358 5662 RUM CHATA 375ML 9 1,381 4543 BACARDI TORCHED CHER RUM 750ML 11 1,388 4901 MALIBU BLACK RUM 1L.. 15 1,389 4906 MALIBU CRANCHERRY RUM 750ML 11 1,439 7217 MALIBU COCO RUM SPARKLER 750ML 10 1,440 7256 SEACRETS RUM SPICED 1L" .. 18 10/10005 totals 1,313 11,712 11/11001 n 27042 DEK SOUR APPLE PUCKER 750ML" .. 54 324 89 1956 99 BLACK CHERRI SCHNAPPS 750ML 52 501 184 27023 BOSTON PEPPERMINT SCHNAP 375ML 30 80 230 104 99 APPLES SCHNAPPS 750ML 24 226 279 27142 DEK PEACHTREE SCHNA 750ML 20 128 536 312 99 ORANGES SCHNAPPS 750ML 10 94 547 27081 DEK CHERRY PUCKERSCHNA 1L ... 10 90 672 26912 99 BLACKBERRIES SCHNAPPS 750ML 8 75 832 27011 BOSTON PEACH SCHNAPPS 1L 6 23 899 6124 DR MCGILLICUDDYSAPL PIE 750ML 5 54 963 27021 BOSTON PEPPERMINT SCHNAPPS 1L 5 19 1,129 65 DEK BUTTERSHOTS SCHNAPPS 375ML 3 14 Date 2/14/2017 Time 1:02:25PM Page 26 Worcester County Liquor Control Merchandise Analysis by Item number CategoryJSub-category Rank Item number Description Qty on hnd Cost on hand 1,288 27043 DEK SOUR APPLE PUCKER 375ML"" 2 9 1,289 27140 DEK PEACHTREE SCHNAPPS 1.75L 2 28 11/11001 totals 231 1,666 11/11002 321 27312 RUMPLE MINZE PEPPERMINT 750ML 17 331 494 27222 GOLDSCHLAGER SCHNAPPS 750ML 11 231 11/11002 totals 28 562 12112001 28 28175 DEWARS WHITE LABEL SCO 50ML 81 162 126 28370 INVER HOUSE SCOTCH 1. 75L 44 495 162 6180 DOUGLAS XO BLNDE SCTCH 750ML'' 35 689 270 28372 INVER HOUSE SCOTCH 750ML 21 124 356 28382 J & B RARE SCOTCH 750ML 15 283 368 28170 DEWARS WHITE LABEL SCO 1.75L 14 373 430 28413 JOHNNIE WALKER RED FL 375ML 12 116 431 28411 JOHNNIE WALKER RED SCOTCH 1L 12 289 498 28412 JOHNNIE WALKER RED SCOTC 750ML 11 195 550 28152 CUTTY SARK SCOTCH 750ML 10 148 659 28410 JOHNNIE WALKER RED SCOTC 1.75L 8 224 660 28380 J & B RARE SCOTCH 1.75L 8 240 661 28172 DEWARS WHITE LABEL SCO 750ML 8 139 662 28192 DIMPLE PINCH SCOTCH 86 750ML 8 242 663 28292 GLENLIVET SCOTCH 12YR 750ML 8 278 671 28142 CLAN MACGREGOR SCOTCH 750ML 8 70 811 28320 GRANTS BLENDED SCOTCH 1.75L 6 114 812 28322 GRANTS BLENDED SCOTCH 750ML 6 87 813 28381 J & 8 RARE SCOTCH 1L 6 141 820 3246 JOHN BARR RED SCOTCH 750ML 6 60 833 28151 CUTTY SARK SCOTCH 1L 6 108 909 562 FAMOUS GROUSE SCOTCH 1. 75L 5 140 960 1708 JOHN BARR BLACK RES SCOT 750ML 5 59 961 28140 CLAN MACGREGOR SCOTCH 1.75L 5 75 1,137 5436 MCCLELLAND$ ISLAY score 750ML 3 53 1,193 28120 CHIVAS REGAL SCOTCH 12YR 1.75L 3 149 1,217 28302 GLENMORANGIE SCO 10Y 86 750ML 3 101 1,272 28371 INVER HOUSE SCOTCH 1L 2 14 1,273 28520 WHITE HORSE SCOTCH 1.75L 2 61 1,303 100 MAGALLAN MALT SCOTCH 12Y 750ML 2 98 1,322 444 OBAN MALT SCOTCH 14YR 750ML 2 102 1,336 5832 JOHNNIE WALK DBL BLK SCO 750ML 2 55 1,398 1963 JOHNNIE WALKER BLACK SCO 1.75L 53 1,407 28150 CUTTY SARK SCOTCH 1.75L 23 1,419 28173 DEWARS WHITE LABEL SCO 375ML 10 12112001 totals 370 5,569 13/13001 14 29355 MONTE ALBAN MEZCAL W/ WM50ML" 111 164 73 29285 JOSE CUERVO GOLD TEQUILA 50ML 56 75 110 165 DON JULIO BLANCO TEQUILA 750ML 47 1,445 125 29531 TORADA GOLD TEQUILA 1L 44 266 Date 2114/2017 Time 1 :02:25PM Page 27 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub~ategory Rank Item number Description Qty on hnd Cost on hand 134 5262 ZAPATA GOLD TEQUILA 750ML 42 254 135 5545 MONTE ALBAN REPOSADO TEO 750ML 42 450 161 353 PATRON REPOSADO TEQUILA 750ML 35 1,294 243 29283 JOSE CUERVO GOLD TEO FL 375ML 23 169 295 29282 JOSE CUERVO GOLD TEQUILA 750ML 19 289 314 3868 JOSE CUERVO SILVER TEQUI 750ML 18 274 363 7714 TROMBA REPOSADO TEQUILA 750ML 15 399 388 5481 RESERVA 1800 COCONUT TEO 1L 13 305 390 6029 MONTEZUMA BLUE TEQUILA 1.75L 13 135 453 5061 FAMILIA CAMARENA REP 375ML 12 80 483 4093 JOSE CUERVO SILVER TEQUI 1.75L 11 284 499 29360 MONTEZUMA GOLD TEQUILA 1. 75L 11 151 544 219 MARGARITAVILLE BLANC TEO 750ML 10 95 623 29370 MONTEZUMA WHITE TEQUILA 1.75L 9 123 625 29280 JOSE CUERVO GOLD TEQUILA 1.75L 9 227 745 2026 PATRON SILVER TEQUILA 50ML 7 30 815 29461 SAUZA SILVER TEQUILA 1 L 6 84 827 223 PATRON SILVER TEQUILA 750ML 6 226 855 5020 EL JI MADOR REPOSADO TEO 750ML 6 83 908 5544 MONTE ALBAN REPSADO TQ 1.75L.. 5 103 1,036 29392 PATRON ANEJO TEQUILA 750ML 4 150 1,047 1677 PATRON REPOSADO TEQUILA 375ML 4 72 1,115 6154 CASAMIGOS REPOSADO TEQ 750ML 4 124 1,139 5547 MONTE ALBAN SILVER TEO 750ML 3 32 1,155 5060 FAMILIA CAMARENA REP 1.75L 3 80 1,165 4908 TANTEO JALEPENO TEQUILA 750ML 3 90 1,166 4920 FAMILIA CAMARENA SILVER 750ML 3 46 1, 191 1690 WHITE MARLIN GOLD TEQUILA 1L.. 3 18 1,278 29542 TWO FINGERS GOLD TEQUILA 750ML 2 18 1,310 5018 AVION REPOSADO TEQUILA 750ML 2 75 1,418 29352 MONTE ALBAN MEZCAL W/ WM 750ML 15 13113001 totals 602 7,723 14/14001 206 29633 M & R DRY VERMOUTH 375ML 27 108 207 29642 M & R SWEET VERMOUTH 750ML 27 171 357 29631 M & R DRY VERMOUTH 1L 15 110 367 29641 M & R SWEET VERMOUTH 1 L 14 103 836 1524 M & R DRY VERMOUTH 1.SL 6 61 837 145 TRIBUNO DRY VERMOUTH 375ML 6 14 978 29632 M & R DRY VERMOUTH 750ML 5 32 1,034 29702 TRIBUNO DRY VERMOUTH 750ML 4 13 1,048 144 TRIBUNO SWEET VERMOUTH 375ML 4 9 1,214 29643 M & R SWEET VERMOUTH 375ML 3 12 1,277 29672 STOCK DRY VERMOUTH 750ML 2 10 14/14001 tolals 113 644 15/15001 7 30121 BOWMANS VODKA 1L 136 530 8 7853 OC DIST CO VODKA 750ML 128 1,536 17 89 FLEISCHMANNS ROYAL VODKA 50ML 105 51 Date 2/14/2017 Time 1:02:25PM Page 28 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub~category Rank Item number Description Qty on hnd Cost on hand 39 30644 SKOL VODKA 200ML 73 84 40 30674 SMIRNOFF VODKA 80 200ML 73 175 62 3196 SEAGRAMSEXTRASMOOTVOD50ML 60 30 87 30643 SKOL VODKA 375ML 52 104 88 30673 SMIRNOFF VODKA 80 375ML 52 216 98 5451 OCEAN CITY VODKA 1.75L 49 389 119 6140 DEVOTION BLOOD ORANG VK 750ML 45 643 163 30260 FLEISCHMANNS ROYAL VODKA 1.75L 35 308 172 30320 GORDONS VODKA801.75L 33 330 175 3448 TITOS HANDMADE VODKA 1.75L 32 853 192 657 TITOS HANDMADE VODKA 750ML 29 451 214 30651 SKYY VODKA 1L 26 260 223 30603 PO POV VODKA 375ML 25 75 231 30652 SKYY VODKA 750ML 24 241 255 30604 PO POV VODKA 200ML 22 37 292 192 WHITE MARLIN VODKA 1 L 19 85 365 7716 PURGATORY HEMP VODKA 750ML 14 319 373 2534 BURNETIS VODKA 1.75L 14 154 434 30600 POPOV VODKA 1.75L 12 137 480 3803 BLUE ICE POTATOE VODKA 1.75L 11 247 488 5172 NEW AMSTERDAM VODKA 80 750ML 11 88 535 30675 SMIRNOFF VODKA 80 50ML 10 6 538 3201 SEAGRAM$ EXTRA SMOOT VOD 375ML 10 33 620 30640 SKOL VODKA 1.75L 9 75 622 30132 BURNETIS VODKA 750ML 9 58 667 30602 POPOV VODKA 750ML 8 55 819 3179 SEAGRAM$ EXTRASMOOTVOD 1.75L 6 82 838 1399 HANGAR ONE STRAIGHT VOD 750ML 6 139 931 494 SMIRNOFF VODKA 100 1L" .. 5 73 974 30282 GILBEYS VODKA 80 750ML 5 28 1,126 6990 NEW AMSTERDAM VODKA 1 L 3 28 1,127 6991 NEW AMSTERDAM VODKA 375ML 3 14 1,189 1247 SMIRNOFF VODKA BO PET 1.75L 3 50 1,281 30662 SMIRNOFF VODKA 100 750ML 2 26 1,282 30322 GORDO NS VODKA 80 750ML" .. 2 14 1,287 260 WHITE MARLIN VODKA 1.75L 2 16 1,318 5298 RUBINOF VODKA 750ML 2 8 1,441 7258 SEACRETS VODKA 1L .., 1 14 15/15001 totals 1,166 8,061 15/15002 64 30440 KETEL ONE VODKA 1.75L 59 1,884 76 5505 RUSSKAYA RUSSIAN VODKA 750ML 55 394 136 673 GREY GOOSE VODKA 50ML 41 137 140 1069 SVEDKA VODKA 1.75L 40 608 296 291 GREY GOOSE VODKA 1.75L 19 792 322 30034 ABSOLUT VODKA 80 200ML 17 79 533 30030 ABSOLUTVODKABO 1.75L 10 270 540 30740 STOLICHNAYA VODKA 80 1.75L 10 230 Date 2/14/2017 Time 1:02:25PM Page 29 Worcester County Liquor Control Merchandise Analysis by Item· number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 541 30741 STOLICHNAYA VODKA 80 1 L 10 200 666 30530 MCCORMICK VODKA 1.75L 8 76 696 385 FINLAND IA VODKA 80 1.75L 8 165 739 4678 SOBIESKI VODKA 375ML 7 28 822 30742 STOLICHNAYA VODKA 80 750ML 6 78 877 5596 CHOPIN WHEAT VODKA 750ML 6 141 1,038 30342 GREY GOOSE VODKA 750ML 4 92 1,103 5595 CHOPIN RYE VODKA 750ML 4 93 1.148 3919 SOBIESKI VODKA 1.75L 3 46 1,194 269 BELVEDERE VODKA 1.75L 3 112 1,211 3348 RUSKOVA RUSSIAN VODKA 1.75L 3 43 1,213 3221 PINNACLE VODKA 200ML 3 10 1,280 30960 WOLFSCHMIDTVODKA 1.75L 2 16 1,292 1537 GREY GOOSE VODKA 375ML 2 28 15/15002 totals 320 5,521 15/15004 12 7856 OC DIST STRAW/LEMON VDK 750ML 118 1,416 13 7854 0 C DIST CO LEMONADE VOD 750ML 112 1,344 15 7855 OC DIST CO ORANGE VODKA 750ML 110 1,320 18 4234 FIREFLY SWEET TEA VDKA200ML.. 103 319 53 6322 DEEP EDDY RUBY RED VODKA 750ML 62 695 54 6256 DEEP EDDY RUBY RED VODKA 1L 61 976 55 6160 SMIRNOFF RASPBER SOR VDK 1L.. 61 674 63 7572 DEEP EDDY LEMON VODKA 1L 60 960 71 7200 SKYY VANILLA BEAN VODKA 750ML 57 570 75 3726 FIREFLY SWEET TEA VODKA 750ML 56 700 83 6282 SMIRNOFF RASPBE SOR 750ML... 53 403 99 951 FLEISCHMANNS APPLE VODKA 1L 49 228 101 6321 DEEP EDDY RUBY RED VODKA 1.75L 48 960 102 3890 JEREMIAH WEED SWTTEA VOD1L.. 48 841 115 6642 NEW AMSTERDAM COCONUT V 750ML 46 391 131 30231 FLEISCHMANNS CITRUS VODKA 1L 42 195 137 3665 PARAMOUNT GRAPE VODKA 1.75L 41 372 143 4072 SMIRNOFF GRAPE TWIST VOD 1.75L 40 726 156 4235 FIREFLY SWEETTEAVODKA375ML.. 36 219 157 4230 FIREFLY SWEET TEA VODPET 1.75L 36 735 173 33 SKYY CITRUS INFUSION VODKA 1L 32 410 188 7666 DEEP EDDY LEMON VODKA 1.75L 30 600 204 7115 SMIRNOFF PINEA COCO SORB 1L .. 28 308 219 4106 BURNETT$ STRAWSER VOD 750ML 25 160 235 5275 HANGAR ONE WILD BLBERRY 750ML 24 557 236 5710 NEW AMSTERDAM PEACH VOD 750ML 24 204 237 5714 NEW AMSTERDAM RED BERRY 750ML 24 204 285 5052 BURNETT$ WHIPPED VODKA 1L... 20 170 291 5030 FIREFLY SKINNY TEA VODKA 1L 19 264 344 4847 SKYY BLOOD ORANGE INFUS VOD 1L 15 196 369 30232 FLEISCHMANNS CITRUS 750ML.. 14 56 378 4846 SKYY DRAGONFRUIT INFUS VODK 1L 14 182 Date 2/14/2017 Time 1 :02:25PM Page 30 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 392 3443 SKYY RASPBERRY INFU VODK 1L 13 156 397 4884 SMIRNOFF GRAPE TWIST 750ML••• 13 117 432 30251 FLEISCHMANNS RASPBERRY VOD 1L 12 56 454 4893 SKYY DRAGONFRUIT INF VOD 750ML 12 125 464 6158 SMIRNOFF LEMON SORBET VD 1L.. 12 132 465 6281 SMIRNOFF MANGO SORBET 750ML.. ' 12 100 537 315 SMIRNOFF CITRUS TWIS VOD 375ML 10 50 571 5712 NEW AMSTERDAM PEACH VOD 20DML 10 25 604 2050 BURNETIS CHERRY VODKA 750ML 9 58 627 952 FLEISCHMANNS APPLE 750ML.. 9 39 682 1954 PARAMOUNT GRAPE VODKA 1L 8 40 689 5209 BURNETIS PINK LEMONA VOD1 .75L 8 89 705 5441 SKYY COCONUT INFUSIO VOD 750ML 8 100 719 5747 DEEP EDDY SWEET TEA VODK 750ML 7 81 733 5137 SEAGRAM$ M GRAPE VODK 750ML".. 7 73 738 5067 SMIRNOFF COCONUTTWI VOD 1.75L 7 142 746 2054 BURNETIS MANGO VODKA 750ML 7 45 762 30690 SMIRNOFF CITRUS TWIS VOD 1.75L 7 121 851 4880 SMIRNOFF MELON VODKA 750ML" .. 6 56 859 4085 JEREMIAH WEED SW TEA PEA 750ML 6 101 876 5800 SMIRNOFF ICED CAKE VO 750ML".. 6 50 878 5711 NEW AMSTERDAM PEACH VOD 375ML 6 27 880 5578 BURNETIS COCONUT VODKA 1.75L 6 66 918 3453 SKYY PASSION FRT INF VOD 750ML 5 60 922 5098 SEAGRAMS SWEET TEA VODKA 1 L 5 52 933 4996 UV CAKE VODKA 1L.. ' 5 55 936 5046 BURNETIS FRT PUNCH VODKA 750ML 5 32 975 3063 SMIRNOFF STRAWS TWIS VOD 1.75L 5 107 996 7099 SMIRNOFF PINEAP CDC SOR 750'.. 5 45 1,000 7323 NEW AMSTERDAM RED BERRY 1L .. 5 52 1,037 30252 FLEISCHMANNS RASPBER 750ML.. 4 16 1,049 1253 BURNETIS COCONUT VODKA 750ML 4 28 1,077 4239 PARAMOUNT ULTRA BUB VOD 1L 4 27 1,101 5621 SKINNY GIRL BA NAK VO 750ML.. ' 4 58 1,109 6320 SMIRNOFF PASSION FRUIT 1.75L 4 68 1,179 2055 BURNETIS ORANGE VODKA 750ML 3 19 1,327 4051 MCCORMICK GRAPE VODKA 1.75L 2 20 1,337 5746 DEEP EDDY SWEETTEAVODK 1.75L 2 43 1,344 6652 NEW AMSTERDAM CITRON VDK 1.75L 2 30 1,373 3989 BURNETIS GRAPE VODKA 750ML 6 1,374 3994 SKYY PINEAPPLE INFU VOD 750ML 12 1,375 3933 SEAGRAMS SWEET TEA VODKA 1.75L 12 1,377 4091 SMIRNOFF BLUEBERRY TWIST 1.75L 18 1,382 4563 BURNETIS PINK LEMONA VOD 750ML 6 15/15004 totals 1,778 19,968 15/15005 32 1758 ABSOLUT APEACH VODKA 50ML 77 76 35 5407 SVEDKA CO LADA 375ML 75 293 Date 2/14/2017 Time 1 :02:25PM Page 31 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Cost on hand 37 1006 ABSOLUT VANILLA VODKA 750ML 74 1,138 43 4799 ABSOLUT WILD TEA VODKA 750ML 69 1,061 48 6315 CIROC COCONUT VODKA 50ML 64 194 56 4969 PINNACLE WHIPPED CREAM 375ML 61 183 66 690 FINLANDIA MANGO VODKA 1L 59 885 78 2009 ABSOLUT RUBY RED 1.75L•• 54 1,287 85 4128 FINLANDIA TANGERINE VOD 750ML 53 618 93 5028 PINNACLE KIWI STRAWBERRY 1L•• 51 477 106 218 KETEL ONE CITROEN VODKA 1 L•• 48 1,092 118 30000 ABSOLUT CITRON VODKA 1.75L•• 46 1,139 120 4311 SVEDKA CHERRY VODKA 750ML 45 358 124 4404 PINNACLE COTTON CANDY VO 1L•• 44 454 132 4309 SVEDKA CHERRY VODKA 1. 75L 42 588 133 4898 ABSOLUT ORIENT APPLE 750ML 42 646 160 4067 FINLANDIA TANGERINE VODKA 1L 35 525 178 5406 SVEDKA COLADA 750ML 31 236 182 289 STOLICHNAYA PEACHIK VODKA 1L 31 620 187 6316 CIROC RED BERRY VODKA 50ML 30 102 245 217 KETEL ONE CITROEN VOD 750MLm 23 506 258 5577 GREY GOOSE CHERRY NOIR VOD 1L 22 616 264 3783 SVEDKA RASPBERRY VODKA 1.75L 21 301 287 4427 KETEL ONE ORANJE VODKA 1 L•• 20 466 309 1940 STOLICHNAYA BLUEBERI VODKA 1L 18 360 316 5557 STOLICHNAYA STICKY HONE 1 L••• 17 364 319 4619 SOBIESKI ORANGE VODKA 750ML 17 136 332 2012 ABSOLUT RUBY RED 50ML 16 15 394 4117 THREE OLIVES BUBBLES VKA 1L.. 13 208 404 1017 STOLICHNAYACITROS VODKA 1L 13 264 418 7458 CIROC PINEAPPLE 1.75L 12 505 427 924 ABSOLUTVANILLA VODKA 1L•• 12 203 428 30005 ABSOLUT CITRON VODKA 50ML 12 12 435 3169 FINLAND IA GRAPEFRUIT VOD 1 L 12 180 489 1952 SVEDKACITRON VODKA 1.75L 11 159 690 5090 SVEDKA GRAPE VODKA 750ML 8 64 729 4618 SOBIESKI CYTRON VODKA 750ML 7 57 737 4895 ABSOLUT BERRY ACAi 750ML••• 7 58 755 1343 STOLICHNAYA VANIL VODKA 1.75L 7 189 780 7153 GREY GOOSE LE MELON VDK 1L 7 226 791 7479 TWENTY GRAND VODKA 100 750ML 6 168 801 7738 FRIS ORANGE VADKA 1L 6 48 843 1034 STOLICHNAYA CITROS VODKA 750ML 6 96 890 6595 PINNACLE RAINBOW SHER 750ML... 6 48 923 5089 SVEDKA GRAPE VODKA 1.75L•• 5 76 941 1784 ABSOLUT MANDRIN VODKA 1.75L 5 130 0 1,069 4839 PINNACLE CHERRY WHIPPED 1L 4 43 1,102 5634 CIROC PEACH VODKA 1.75L 4 169 1,107 5500 GREY GOOSE CHERRY NOIR 750ML 4 100 1,116 6134 ABSOLUT HIBISCUS VODKA 750ML 4 52 Date 2114/2017 Time 1 :D2:25PM Page 32 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub•category Rank Item number Description Qty on hnd Cost on hand 1,215 300 GREY GOOSE LORANGE 1.75L 3 130 1,235 7221 GREY GOOSE LE MELON VDKA 750ML 3 n 1,304 207 KETEL ONE CITROEN VODKA 1.75L 2 80 1,309 5057 SOBIESKI RASBERRY VODKA 750ML 2 19 1,320 5274 PINNACLE MARSHMALLOW VOD 1 L.. 2 20 1,325 4413 CIROC COCONUT VODKA 1L.. 2 61 1,356 5735 STOLICHNAYA SALT CARAM V01 L... 22 1,397 20 GREY GOOSE L'ORANGE VOD 750ML 23 1,406 170 GREY GOOSE LE CITRON VOD 750ML 23 1,426 7739 FRIS WHIPPED VODKA 1L 8 15/15005 totals 1,374 18,252 16/16001 121 379 RED BULL ENERGY DRINK 802 45 69 384 665 JOSE CUERVO MARGARITA SALT 602 14 33 16/16001 totals 59 101 16/16003 216 35482 CORKSCREW (PLASTIC 2 PIECE) 26 17 650 7682 DOUBLE HINGED CORKSKREW 8 26 685 4660 CHROME WINGED CORKSCREW EACH 8 24 977 3296 KOOL ICES LB 5 5 1,125 6692 HOLIDAY FAVORITES CHARMS 4 20 16/16003 totals 51 92 16/16007 1,171 4659 BLACK CLASSIC WOOD STOPPER 3 15 16/16007 totals 3 15 17/SOFT DRINK 189 7625 DIET COKE 1.25L 30 27 218 5794 NANTUCKET CRANBERRY JCE 16 OZ 26 24 241 5795 NANTUCKET ORANGE JUICE 16 OZ 23 21 274 7626 SPRITE 1.25L 20 18 324 7624 COKE 1.25L 17 15 17/SOFT DRINK totals 116 105 23/23001 250 7696 MARIE DUFFAU ARMAGNAC NAP 750M 22 606 23/23001 totals 22 606 26/26001 193 5837 GEORGES BLOODY MARY MIX 3202 29 124 552 120 ROSES LIME JUICE MIX 1202 10 30 647 7028 GEORGES BLDY MRY MIX MLD3202 8 33 649 7718 FAT & JUICY BLDY MARY MIX 3202 8 37 693 366 ROSES GRENADINE MIX 1202 8 21 26/26001 totals 63 245 27/27001 105 1176 CANADA DRY TONIC 10 oz· .. 48 30 122 4956 REGATTA GINGER BEER 8 OZ 45 47 138 309 CANADA DRY CLUB SODA 10 oz··· 41 19 203 495 JOSE CUERVO N/AMARG MIX 1.75L 28 164 242 318 CANADA DRY DIET TONIC 1 L 23 20 262 682 CANADA DRY GINGER ALE 1L 21 18 266 5369 ZING ZANG BLOODY MARY MIX 3202 21 81 Date 2114/2017 Time 1 :02:25PM Page 33 Worcester County Liquor Control Merchandise Analysis by Item number Category/Sub-category Rank Item number Description Qty on hnd Coston hand 278 317 CANADA DRY TONIC 1L 20 18 328 316 CANADA DRY CLUB SODA 1L 16 14 355 1177 CANADA DRY SELTZER 1L 15 13 456 3945 FINEST CALL BANANA PUREE 1L 12 33 761 320 CANADA DRY BITIER LEMON 1L 7 6 824 2493 COCO RL CRM OF COCON MIX 2102 6 18 862 35051 DAILYS GRN DEMON MARG M 1L 6 19 967 22244 ANGOSTURA BITIERS 402 5 34 1,164 4959 DAILYS PIN COL MIX/PINE 1.75L 3 14 1,190 125 MASTER MIX SWEET/SOUR MIX 1.75 3 13 1,206 2457 MASTER MIX SWEET/SOUR MIX 1L 3 6 1,330 35061 DAILYS PINACOLMIXW/ PINE 1L 2 6 27/27001 totals 325 572 Report totals 21,258 196,036 - End of report - Attachment E Alcoholic Beverage License Application Package ' ' TEL: 410·632·1808 {ext. 1120) FAX: 41().632-3008 MEMEIEAS BOARD OF ATI"ORNEV WIU.tAM E. ESHAM, JR. CHAIRMAN LICENSE COMMISSIONERS THOMAS K. COATES A. CHARLES NICHOLS LIQUOR LICENSE ADMJNISTFIATOA MARTYW. PUSEY APRIL A, PAYNE [email protected] GOVERNMENT CENTER ONE WEST MARKET STREET· ROOM 1201 - -SNOW HILL, MARYLAND21863--- Applicant: ' The following instructions are provided to assist you with the basic application process for an alcoholic beverage license in Worcester County. The enclosed application form must be completed and returned to this office with your filing fee. Only original application forms will be accepted. Copies will not be accepted I Checks are to be made payable to Worcester County in the amounts indicated below. It is necessary to ask you for two separate checks as your application will be processed by two separate offices. $660 - ($60 of this fee represents advertising cost; $600 of this fee represents an application processing fee.) · $ 25 - (This fee is required to certify those individuals supporting your application to be property owners and voters in Worcester County.) If you are making application as an individual, individuals, or as a partnership, each of you must have resided in Worcester County for the past two years. If you are leasing the property to be licensed, you must submit a copy of that lease with the application. · If you are making application on behalf of a corporation, one applicant must serve as the Resident Agent. That individual must have resided in Worcester County for the past two years, must be a registered voter in the County elections, and must own property in this County. The Resident Agent must hold at least 10% of the outstanding stoc~ unless applying for a Class "B" Beer, Wine and Liquor license, in which case ·the Resident Agent must hold some percentage of the outstanding stock. Supporting signatures must be collected by the Resident Agent. . ' " Page2 When making application on behalf of a corporation, it will be necessary for you to complete and submit with the application the enclosed Stockholder Affidavit. Additionally, you must submit with the application a copy of your Articles of Incorporation and a copy of your lease (if·applicable) for the subject property. If you are making application for the transfer of an existing license, you must also complete the enclosed transfer application. Further, you must make application to the State Comptroller's Office for the transfer of the alcoholic beverage inventory remaining on the property. That form is enclosed, but should be forwarded directly by you to the Comptroller's Office. If there is no inventory, you must supply supporting documentation indicating such. Your application will be advertised by this Office in the local newspaper. Filing deadlines are established to allow for proper advertising. The filing deadline for the next available meeting of the Board is . Provided your application is received by that date, we will make every effort to have your application heard on---~----- The Board of License Commissioners ordinarily conducts hearings on these applications on the third Thursday of each month. It is sometimes necessary to deviate from that schedule; you may confirm hearing dates with this office. In the event your application is approved, your license cannot be issued until we have received a copy of your Articles of Incorporation and Certification of Incorporation (with corporate applications); acknowledgment from the Comptroller's Office that your inventory transfer has been approved and that your tax accounts are in good standing (in the case of a transfer); a copy of your fire and health certificates (unless a Class "A" license); and payment of the proper fees. The Board may set forth other requirements at the hearing. These guidelines offer basic information to consider when making application to the Board of License Commissioners for an alcoholic beverage license. This list is not all-inclusive. If you have any questions or need further clarification, please do not hesitate to contact this office. Sincerely, April R. Payne Liquor Licen.se Administrator TEL: -410·632·1008 (art. 1120) FAX: -410·632-3008 MEMBERS BOARD OF ATTOFINEY WILLIAM E. ESHAM, JR. CHAIRMAN LICENSE COMMISSIONERS THOMAS K. COATES A. CHARLES NICHOLS LIQUOR LICENSE ADMINISTRATOR MARTYW. PUSEY APRIL R. PAYNE ~muster IMPORTANT INFORMATION REGARDING CRIMINAL RECORD CHECK PROCEDURES The Worcester County Board of License Commissioners (Board) will not issue a license without a Criminal Record check as provided for in the·Annotated Code ofMazyland, Art. 2B, § 10-103. Each applicant is responsible for having themselves fingerprinted at an authorized co=ercial Live Scan fingerprinting service and must use the Board's CJIS authorization number and the Board's NCIC ORI number as follows: 9700059854 and MD920516Z. Ifan applicant does not utilize these numbers, the Board will not receive a response from the Mazyland CJIS Central Repository and the FBI, causing the application to be DENIED. Applicants should take the necessazy steps to have their fingerprints scanned accordingly. Proof in the form of a receipt from an authorized Live Scan provider must be submitted by the submittal deadline date accompanied by all other supporting documentation or the application package_ will not be accepted. The website shown below lists authorized commercial Live Scan fingerprinting services that, for a fee paid by the applicant, will scan the applicant's fingerprints into the CJIS system. In addition, there arc local law enforcement agencies that may offer the Live Scan fingerprinting services; you should contact them directly in·ordcr to ascertain the availability of the service. A receipt for this service with the· applicant's name and date of the Live Scan (per applicant) must be included in the application submittal. http:/ /www.dpscs.state.md. us/publicservs /fingerprint.shtml It is imperative that all applicants give the prbvider the Board's CJIS authorization number and the Board's NCIC ORI number shown below. Failure to do so will result in application denial and/ or delay in application process. CJIS# - 9700059854 NCIC ORI# - MD920516Z Should you have any questions regarding the criminal record check procedures, please contact April R. Payne, Liquor License Administrator, at 410-632-1908 Ext. 1120 or [email protected]. Cili7.en.• and Gnvernment Wnrkinv Tnvether " TEL: 410•632•1908 (art 1720) FAX: '410-632·3008 MEMBERS BOARD OF ATTORNEY WILLIAM E. ESHAM, JR. CHAIRMAN LICENSE COMMISSIONERS THOMAS K. COATES R, CHAAI..ES NICHOLS LICUOA LICENSE ADMINISTRATOR MART:'{ W. PUSEY APRIL A. PAYNE ;lli.orcesizr filnunfiJ [email protected],md.us GOVERNMENT CENTER ONE WEST MARKET STREET· ROOM 1201 SNOW HILL, MARYLAND 21863 ALCOHOL AWARENESS REOUJREMENI Attached please find pertinent excerpts from Article 2B, § 13·101 Md, Ann. Code, certain Important sections have been highlighted. This law was amended effective July 01, 2013. Every licensee must be In compliance with the new law, which has been Incorporated into the Board's Rules and Regulations. Failure to be In compliance could result In a fine, a suspension or revocation, or both. I You may access the full text of the law at: htto://www.lexrsnexis.com/hottonics/mdeode/. Once at the site follow the onscreen Instructions and look for Art 2B, § 13·101. You may download a copy of the Board's Rules .at: htto;//www.co.worcestermd.us/dro/drnllauorllcense.aspx . § 13-101. Alcohol Awareness Programs (a) "Alcohol awareness program" defined.·· In this section "alcohol awareness program" means a program: (1) That: (I) ls approved and certified by the State Comptroller; and (II) Has been Issued an alcohol awareness program permit by the State Ccmptroller; (2) That includes Instruction on how alcohol affects a person's: (i) Body; and (II) Behavior; (3) That provides education on the dangers of drinking and driving; and (4) That defines effective methods for: (I) Serving customers to minimize the chance of Intoxication; (II) Ceasing service before the customer becomes intoxicated; and (iii) Determining If a customer Is under the drinking age. (b) Appllcablllty, •• (l) The provisions of this section. apply to: (i) Licensed premises that are operated by selling alcoholic beverages directly to a customer from a bar or service bar on the premises; (II) Premises licensed for off sale; (2) (I) This paragraph applies only In the following Jurisdictions: 1, Worcester County (iii) The licensee or a person who Is employed in a supervisory capacity designated by the licensee: 1. Shall be certified by an approved alcohol awareness program; and 2, Except as otherwise provided in subparagraph (Iv) of this paragraph, be present during the hours in which alcohol may be sold. (Iv) 1, In Worcester County, the person certified by an approved alcohol awareness program may be absent from the licensed premises for a bona fide personal or business reason or an emergency, if the absence lasts for not more than 2 hours. 3. The Board of License Commissioners shall require the licensee to keep a log book on the licensed premises that contains documentation of each temporary absence, the length of time of the absence, and the reason for the absence, in the form required by the Board of License Commissioners. (d) Penalties. •• Any licensee who violates the provisions of subsection (c) of this section is subject to: (1) For the first offense, a $100 fine; and · (2) For each subsequent offense, a fine not to exceed $500 or a suspension or revocation of the license or both. Applications Must Be On Original Forms • No Copies Accepted. Must Be Completed IN BLACK INK ONI.X! Business Phone No. WORCESTER COUNTY STATE OF MARYLAND ALCOHOLIC BEVERAGES LAW APPLICATION FOR A CLASS ______LICENSE For the use of: (Check one) An Individual 0 Partnership 0 Corporation O Unincorporated Association 0 Limited Liability Co. 0 To the Board of License Conunissioners Worcester County. ,20 __ Application is made by the undersigned under the provisions of Article 2B of the Annotated Code of Maryland, as amended, title "Alcoholic Beverages,'' for the above license, and the applicant(s) subnrlt(s) and certify(ies) to the following information required by the Article. Fill in all the blanks: Applications will NOT be accepted without all Applicant information, ini:luding middle name. 1. Applicant(s) (1) Full Name Residence Period of Residence Date of Birth Period of Residence in Wor. County Place of Birth Naturalized at Year Telephone Number Rae Sex (2) Full Name Residence Period of Residence Date of Birth Period of Residence in Wor. County Place of Birth Naturalized at Year Telephone Number Rae Sex (3)Full Name Residence Period of Residence Date of Birth Period of Residence in Wor. County Place of Birth Naturalized at Year Telephone Number Race Sex 2. The applicant(s) is/are citizen(s) of the United States, and (if the application is for an individual or a partnership), bas/have been for two years next preceding the filing of this application (a) resident(s) of Worcester County. The applicant(s) (if applying as a qualifying individual for a corporation) is a registered voter and taxpayer in Worcester County and shall also have resided there for at least two years prior to the filing of this application. The applicant(s) thus qualified is/are: 1( ) 2( ) 3( ) (Check number to correspond with name(s) listed above.) 3. State the Retail Sales Tax No.'------4. If a corporation, state corporate name and trade name, if any: ______If other than a corporation, state trade name to be used:, ______ 5. Address of place to be licensed (Give street number or accurate description): ------ A. Nearest intersecting street:------Approximate distance: ______feet B. Tax District where located: Is this an application for a new license? ____ C. Is this a transfer from a present licensee?,,_____ From Whom? ______ (This Board must be furnished releases by the State Comptroller's Office approving the bulk sales transfer and clearing all tax accounts before any license will be transferred.) D. Are you represented by an attorney? Whom: Tel. No.:------' .Address=------E. Describe premises to be licensed=------F. If this is a new or proposed building or a building not previously licensed, a copy of the bona fide plans must be filed with this application or presented at the time of the hearing. 6. State name and address of owner of record of premises:------ 7. Have you ever been: A. Convicted of a misdemeanor? 1 ------2 ______3, ______B. Adjudged guilty of violating alcoholic beverage Jaws by a court, administrative agency or Board of License Commissioners? 1 ______2 ______3 ______C. Adjudged guilty of violating gambling laws? 1 2------3 ______D. Adjudged guilty of any offense against the laws of the United States? 1 2 ______3 ______If so, when and where:------'------E. Convicted of a felony or offered a plea of nolo contendere to a felony indicnnent and charge was subsequently accepted by a court? 1 ______2 ______3 ______2 ______3______8. A. Have you ever held a license for the sale of alcoholic beverages? 1 ----- If yes, state when and where:------2 ______3 ______B. If so, has such license been suspended or revoked? 1------ If answer is yes, give full details: ------C. If so, were you ever found in violation of any alcoholic beverage law? 1 ------2 ______3______9. Have you ever applied for an alcoholic beverage license in the State of Maryland? 1------2 _____ 3____ _ If answer is yes, state when and where:------10. What financial interests do you have in the business to be conducted under this license? 1 ______2 ______3 ______ 11. Are you financially interested in any other alcoholic beverage business for which a license has been applied for, granted or issued? 1 2 3 ______ Ifso, give details:------12. Is your wife or husband, as the case may be, a licensee and does her or she have any financial interest in any other alcoholic beverage business in the State of Maryland? 1 2 3------ If so, give details=------13. Is there now, or will there be, during the continuance of the license applied for, any other person financially interested in said license or 2 ______the business to be conducted thereunder? 1------3 ______If so, state name, address, telephone no., age, percent of interest and state whether or not an interest is held in any other alcoholic beveragelicense=------14. A. Does any manufacturer, brewer, distiller or wholesaler have any financial interest in the premises or business to be conducted under this license?------B. Will any such interest be hereafter conveyed or granted to any such manufacturer, brewer, distiller or wholesaler? 15. Do you now have, or will you hereafter have, any indebtedness or other financial indebtedness, directly or indirectly, to any manufacturer, brewer, distiller or wholesaler, other than for purchase of alcoholic beverage?______16. A. If granted a license, will you conform to all laws and regulations relating to the business in which you propose to engage? B. If granted a license, will you agree to keep current all state and local tax obligations including, but not limited to, state sales and use tax, withholding .tax and admissions tax?------1/We consent to the Board of License Commissioners being furnished with a copy of my/our arrest record, if any, by any state, local, or federal law enforcement or iudicial a2encv. Ano. #I Ano. #2 Ano. #3 ------J/We hereby authorize the Comptroller, his duly authorized deputies, inspectors and clerks, the Board of License Commissioners of Worcester County, its duly authorized agents and employees, any peace officer of Worcester County, to inspect without warrant, the premises upon which said business is to be conducted, and any and all parts of the building in which said business is to be conducted, at any and all hours, and further state that I/We have personally obtained the signatures of the ten citizens to the certificate which is a part hereof. (Extract from the law: If any affidavit or oath required under the provisions of .this Act shall contain any false statements, the offender shall be deemed guilty of perjury, and upon indictment and conviction thereof shall be subject to the penalties provided by the law for that crime.) · Give name(s) and address(es) ofofficers: (name) (title) (residence) (name) (title) (residence) (name) (title) (residence) If applicant js a Corporation, President or Vice-President must sign: All Applicants must sign: (Signature of applicant) 2. ------(Signature of Pres. or Vice-Pres.) (Signature of applicant) 3. ------(Signature of applicant) STATE OF______COUNTY OF ______TOWIT: THIS CERTIFIES, That on the __ day of______, 20_, before the subscriber, a Notary Public of the State of ______personally appeared ______ the applicant(s) named in the foregoing application, and made oath in due form of law that the statements therein are true to the best of his/their knowledge and belief. WITNESS my hand and notarial seal. NOTARY PUBLIC (Seal) STATE OF______COUNTYOF______TO WIT: THIS CERTIFIES, That on the __ day of ______, 20 __ , before the subscriber, a Notary Public of the State of ------personally appeared ______ the applicant(s) named in the foregoing application, and made oath in due form of law that the statements therein are true to the best of his/their knowledge and belief. WITNESS my hand aiid notarial seal. NOTARY PUBLIC (Seal) STATE OF------COUNTY OF------TOWIT: THIS CERTIFIES, That on the __ day of______, 20 _ , before the subscriber, a Notary Public of the State of ------personally appeared ______ the applicant(s) named in the foregoing application, and made oath in due form of law that the statements therein are true to the best of his/their knowledge and belief. WITNESS my hand and notarial seal. ' NOTARY PUBLIC (Seal) STATEMENT OF OWNER OF PREMISES REQUIRED IN CONNECTION WITH ALCOHOLIC BEVERAGES LAW OF MARYLAND YWE HEREBY CERTIFY, That I am/we the owner(s) of record of the property known as ------ named in the aforegoing application made to the Board of License Commissioners under the Alcoholic Beverage Laws of Maryland; that I/we assent to the granting of the license applied for; that I/we hereby authorize the State Comptroller, his duly authorlzed deputies, inspectors and clerks, the Board of License Commissioners for Worcester County, its duly authorized agents and employees, and any peace officer of such county to inspect and search, without warrant, the premises upon which the business is to be conducted, and any and all parts of the building in which said business is to be conducted, at any and all hours. WITNESS, our/my hand(s) and seal(s) this day of 20 __ ------(seal) (seal) ------(seal) (seal) STATE OF COUNTY OF TO WIT: THIS CERTIFIES, That on the __ day of · ·, 20 __, before the subscriber, a Notary Public of the State of ------personally appeared ______and acknowledged the execution of the aforegoing statement to be------act. WITNESS my hand and notarial seal. NO'TARY PUBLIC (Seal) (The following certificates must be signed by at least ten persons.) SIGNATURES MUST BE OBTAINED BY THE RESIDENT, IF APPLICATION IS FOR CORPORATION. We the undersigned reputable citizens (real estate owners, registered voters with Worcester County and reside within the tax district in which the business covered by the &foregoing application is to be conducted) certify that each of us has been personally acquainted with the applicant for the length of time indicated after our respective names; that we have examined the application of the applicant and that we have good reason to believe that all of the statements contained in said application are true, and that we are familiar with the premises npon which the proposed business is to be conducted and we believe such premises are suitable for the conduct of the business of retail dealer in alcoholic beverages, and that we are of the opinion that the applicant is a suitable person to obtain the license applied for: Length of time acquainted with applicant(s). If not (Print name above signature) Address acquainted prior to application filing, indicate Name Voting Residence "Just Met." (All_three blanks must be filled in.) Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. l App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. I App.2 App.3 Address of property owned Tax District App. l App.2 App.3 Address of property owned Names and addresses of signers must be printed or t,xpewritten above signatures. or cc use only or cc use only Number ______~ CQMPTROLLER Stub ______MARYLAND Check No.: _____ Iii:-~()"/ Check Amount, ____ _) Str'Uing tlu ~taple Deposit Date: Revenue Administration Division Motor-fucl,Alcohol and Tobacco Tax Unit P.O. Box2999 Annapolis, MD 21404-2999 (410) 260-7131 (410) 974-3201 (fax) (888) 784-0145 Application For Bulk Transfer Permit Application is made by the undersigned under the provjsions ofArticle 2B of the Annotated Code of Maryland, as amended, title ''.Alcoholic Beverages", for a BULK TRANSFER PERMIT and the applicant submits and certifies to the following information: 1. Fee for Bulk Transfer Permit- S200.00 (Make check payable to Comptroller of Maryland) 2. License No.------Date of discontinuance or hearing date ------ 3. Check one: 0 Individual 0 Parmershlp D Corporation (designate officers) D Limited Liability Company Name of outgoing licensee(s) (seller) ______ (Copyoflicense)T/A ______ Business Address ______Number and Street City or Town ZIP Code County Fax No. ______Telephone No.------E-mail address ______ Federal Identification # I I 1-1 j I I I I I I Socia!S~curity# I I I 1-1 I 1-1 I l I I 4. A Bulk Transfer Permit is desired to authorize the transfer of: ___ cases /containers of distillers spirits cases / containers of wine ___ cases of beer kegs of beer NOTE: All applications shall be supported by one copy of the inventory, itemized by brands and sizes. 5. The permit applied for, if granted, will be used within 60 days after the date of the license transfer or the issue date of the bulk transfer permit to dispose of the entire lot of alcoholic beverages to: 0 Indivjdual D Partnership D Corporation (designate officers) D Limited Liability Company Name(s) ofincoming licensee (buyer): ______TIA------~ who has applied for the transfer of license no.------issued------for the premises located at_ Number and Street City or Town Zip Code County 6. To be signed by person whose name now appeats on license Individual, 'Partnership or Corporate Officer Signature of Outgoing Licensee (Seller) Tide COM/RAD329 See reverie side for detailed instructions REVISED: 05/09 Bulk Transfer Permit Instructions Maryland law (Article 2B) requires licensed beverage retailers who desire to transfer alcoholic beverage inventories to other licensees to have a Bulk Transfer Permit. The Motor-fuel, Alcohol and Tobacco Tax Unit is authorized to issue the permit to retailers whose licenses are being transferred, expiring, or otherwise discontinued. The law ollows the permit applicant to file a bulk transfer permit application on or before the last day the license was in effect. The mnsfer may be with or without consideration (whether by sale, gift, inheritance, assignment, or otherwise). Penalties for bulk transfers without a permit include 11 fine, imprisonment, and confiscation of the alcoholic beverages. A Bulk Transfer Permit authorizes transfer of the alcoholic beverage inventory only to: • the person who has acquired the seller's license through transfer or any license holder within 60 days of the date the seller's license expires . .d Built Trllnsjtr P,rmit is nol 1'1!fjUU-tdfor &tnsr transfus wh,,.. th,n is no alcoholic hevt:ragt inventory. The following conditions must be met: 1. Only one application should be filed for the transaction, usually by the seller. The application (Form COM/RAD 329) is available from the MATT Unit or the local Board of License Commissioners. 2. The applicant must inventory in columnar format, the brands, sizes, quantities, etc. of the alcoholic beverages being transferred. Applicants should keep a copy of the inventory for their records. (Sec the sample inventory chart below.) 3. When the sale is part of a license transfer, the bulk transfer permit application must be filed at the same time as the application for license rransfCr. Purchases and sales made between the time inventory is taken and the stock is transferred must be recorded and the records available for inspection. 4. When a license is due to expire or be canceled, the bulk transfer permit application must list the name and address of the proposed buyer and the class and number of the buyer's license. The MATT Unir may inspect the applicant's inventory to establish proof of acquisition and proposed disposition. Applicants will be given due: notice if their application is not approved. When an application is approved: 1. In the ~ase of a license transfer; the Bulk Transfer Permit will be issued to the local Board of License Commissioners, pending the license transfer. Whe11 the license is approved for transfer, the local board is authorized to formally issue the Bulk Transfer Permit. 2. Where there is no license transfer, the permit will be issued to the applicant. 3. The transaction must be completed within 60 days of the license transfer or, when there is no license transfer within 60 days of the issue date of the Bulk Transfer Permit. The permit shall be valid up to one year from the date ofissue to the local board and is valid for one transfer only. 4. The Revenue Administration Division, MATT Unit may extend this time limit upcn request, with good reason. Sample Inventory List dis~ed spirits, wine and/or beer brand name, container size and indicate number of containers or cases. Brand Name lL 750ML lOOML • ...... Total cases/containers • List sizes STOCKHOLDER AFFIDAVIT 5. Are you financially inlerested in any other place or business that has an alcoholic beverage license Name Residence Zip Code in the Stale or Maryland? Yes( ) No( ) Jfyes,pteuedet•il. ______Period or Residence Home Telephone No. Office Telephone No. Date or Birth Sex Place or Birth Social Security No. Natutalized YES ( ) NO ( ) Where Naluralizcd Petition No. 6. As a stockholder, how much time will you spend on the licensed premises? Place or Employment Addreis of Employer Length of Employment 7, What prom will you derive in proportion IG the percentage ofslock ownership? I. How many shares of stock have been issued to you? ----c----=c::-----:-::----:---:,:--:-;---;---- # of Shares/ Percent of total sh.ares 8. As a stockholder~ have you retd the Rules and Regulations or the Board? 2. Have you ever been convicted of 2 felony, or have you been adjudged guilly ofviolaling the laws governing the sale of any alcoholic beverages or for the prevention of gambling In the State or Maryland or adjudged guilty of any offense against the Jaws of the United States? 9. lfyou are the qualified Resjdent Agent, do you meet all of the fellowing requirements? Yes( ) No( ) tryes,pleasedetail. ______Yes( ) No( A. You han resided in Worcester County tor two years. B. You own property in Worctster County. C. You are a registered voter in Worcester County. 3. State whether you have had a license for the sale of alcoholic beverages denied or revoked. PROVIDE COPY(ies) OF ANY AND ALL AGREEMENTS/ CONTRACTS relative 1o tlle operation of the business to be conducted under the alcoholic beverage license. (Inclusive of managerial Yes() No.( ) lfyes,pleasedetall. ______agreements and/or sales contracts.) Signature Office ffehl in Corporation I HEREBY CERTIFY THAT BEFORE ME, a Notary Public in and for the State of Maryland, County or Worct:$ler1 personally appe.ared In said County 4. Have you ever held a license for the saJe of alcoholic beverages 1111d if so iu what State and what and State on this day or 10 , and made oath in due rorm or location? Req, By Article 2lJ Sec, 56(14) law that the matters and facts in the foregoing Affidavit are true and that they would in fact comply wUh .all statements made therei•. WITNESS my hand •nd Official Seal Chis day of , 10__ • Notary Public My Commission ExpJres:.______STOCKHOLDER AFFIDAVIT S. Are you financially interested in any other place ofbusinll!:SS that has an alcoholic beverage license Name Residence Zip Code. in the State of Maryland? Yes() No() Jfyes,pleaseddail. ______Period or Residence llome Telephone No. Office TelephHe No. Date or Blrlh Sex Pl11ce of Birth Social Security No. Naturalized YES ( ) NO ( ) Where Natur•liud Petllion No. 6, As a stockholder, how much time will you spend on the Ucensed premises? Place of Employment Address of Employer Length of Employment 7. What profit will you derive in proportion to the percentage of slock ownership? 1. How m:any shares of stock have been issued to you? ___~=--~~--~-~---- # of Shares/ Percent af total shares 8. As a stockholder, have you read the Rules and Ree;ulatlons ortbe Board? 2, Have you ever been cnnvicted of a felony, or have you been adjudged guilty of violaling the Jaws governing the sale of anY alcoholic beverages or for the prevention of gambling In the State of Maryland or adjudged guilty of •ny offense •gainst the Jaws of ..e Uniftd States? 9. tr you are the qua~ificd RcsJdent Agent, do you meet all of the following requir~ments? Yes() No( ) Uyes,pleasedctail. ______Ve,( ) No( A, You have resided in Worcester County for two years. B. You own property in Worcester County. C, You are a registered voter in Worcester County. 3. State whether yuu have had a license for the sale of alcoholic beverages denied or revoked. PROVIDE COPY(ies) OF ANY AND ALL AGREEMENTS/ CONTRACTS relative to the opeution of the business tu he CQDducted under the alcohoUc beverage license. (Inclusive or managerial Yes() No( ) lfyes,pleasedetalL ______agreements and/or sales icontracts.) Signature Office Held in Corporation I H£REBV CERTIFY THAT BEFORE ME, a Notary Public in and for lhe Slate of Maryland, County \ ofWorcater, personally appeared In said County 4, Have you ever held a license ror the sale or alcoholic beverages and if so in what St1te and what and State on this day of y 20 , a11d made oath in due form of location? Req. By Article 18 Sec. 56(14) '1aw that lhe. matters and facts in (he foregoing Affidavit are true nd that they would fn fact icomply with all statements made therein, WITNESS my band and Orficlal Seal Ibis day of 20__ • Notary Publk My C•mllUSSion ExpirCJ:.______STOCKHOLDER AFFIDAVIT S. Are you financially interested in any other place of business that hu an alcoholic bennge license Name Residence Zip Code in the State at Maryland? Yes() No() lfyes,pleasedetaiL ______Period or Residence Home Telephone No. Offic:e Telephone No. Date of Birth Sex Place of Birth Social Security No. Naturalized YES ( ) NO ( ) Where Naturalized Petition No. 6. As a stockholder, how much time will you spend on the licensed premises? Place of Employment Address of Employer Length of Employment 7. What profit will you derive in proportion to the percentage of stock ownership? 1. How many shares of stock have been issued to you? ----:;---:,:,-----,,c,---,-----:c---,-:-::---- . # of Shares/ Percent of total shares 8. As a stockholder, have you read the Rules and Regulations or the Board? 2. Have you ever been con\llcted ofa felony, or have you been adjudged guilty ofviol:1.ting Che Jaws governing the sale of any alcoholic beverages or £or the prevention of gambling in the Stafe of Maryland or adjudged guilty of any offense against the Jaws of the United States? 9. If you are the i}ualified Re$ident Agent do you meet all of the following requirements'! Yes() No( ) Jfyes,pleasedctail. ______7 Ya( ) No( A. You have resided in Wotccster County fot two years. B. You own property In Worcester County. C. You are a registered voter in Worcester County. 3. State whcfher you hue had 2 license for the sale of alcoholic benrages denied or revoked. PROVIDE COPYties) OF ANY AND ALL AGREEMENTS I CONTRACTS relative lo lhe operation of the business to be condllcted under the alcoholic beverage license. (Inclusive of managerial Yes() No() lfyes,pleasedetail. ______agreements andlor sales contracts.) Signature Office Held Jn Corporation I HEREBY CERTIFY THAT BEFORE ME; a Notary Public in and for the State of Maryland, County of Worcester, personally appeared In said County 4. Han.you ever held a license for the sale of alcoholic beverages and irso in what State and what and Slate on this day of 20__ • and rnade oath in due form of location? Rcq. By Article 2B Sec. 56(14) law that the matters and facts in the foregoing Affidavit are true and that they would in fact comply wilh all statement, made therein, WITNESS my hand and Official Sul this day of 20 __. Notary Public My Commission E:J:plru:______LIMITED LIABILITY MEMBERSHIP AFFIDAVIT lame Residence Zip Code 5. Are you li11ancJaJly inCerested fn any other place of business that h:as an alcoholic beverage license in the Slate of MaryJand? 'eriod or Rcsidl!nce Home Teh:phone No. Office TeJephune No. Yes() Nu() 1ryes,pleasedc1.ai1. ______ Iale of Uirlll Sex Place or Birrb Socltl Securil:y No. aturalizcd YES ( ) NO ( ) Where Naturalized Ptlilio11 No. lace or Employment 6. As a member, how much linle will you spend od lhc licensed prenaises1 ddress or Employer Length or Employn1en1 7. Wh•t profil will you dcrln in proportion lo the percenl•ge of owncnllip? 1. What is your ownership Jntcrtst in Hie L.L.C.? ____~----~------Percent or Ownersllip ,. Wl1at is your c.apibil contribution to ll1e L.L.C,? ______8. As a me111ber1 have you read the ~ul~ aud ReeulaUons of the Board? ff ave you ner been convicted or a felony~ or hu'e you been adjudged guilly or \'iolating Ille laws verning lhe sale of any alcoholic beveraees or for lhe prevention of &•mblinJ: in lheSlale of Maryland 9. Jf yo11 .an Uie qualified Residl!nt Agent, do you meet aU of tl11: following rcquireml!nt.s? adjudged guill.y of any orrense ae;ainst Che Jaws or tl1e United States? Yes( ) No( s ( ) No ( ) If yes, please detalt. ______A. You have ricsided in Worcl!Sler County for lwo yurs. B. You own property in Worcester Counly. C. You •re a regisl~nd voler in Worcesler Co1,1ncy. PROVIDE COPY(les) OF ANY AND ALL AGREEMENTS/ CONTRACTS relative lo t•e operatJo• of the business lo be conducted under the alcoholic benr•ge license. (Inclusive or m•nagerial aa:reements State wbeO.er you have 11:ad a license for the sali_ of alcol1olic beverages denied or revoked. .and/or sales contncts,) 1() No() lfyes,pJe2sedel.ail, ______ Slcnature of Member I HEREBY CERTIFY 'fHAT BK FORE ME, a Notary Public in and for Ult State of Maryland, County of Worcester, persen .. Hy .appeared In Hid Co11a1y and State on lhis day of , 20 , and made oatl1 in due ferm of law tllat the n1atlr:rsaad facts In theforl!goini:Affidavitare tr11eand tltar tl1eywould In f.acrconiply with all s1atl!n1ents H:ave you ever 1111:ld a JiCC!Ulllt for ll1e ule of .alcoholic bl!verage.r and if so in what SlatC and what made therein. 1Uon? Req. By ArlfcJe ZB Sec. 56(1 ..) WITNESS my hand and Official Seal this day of 20_. Nol.ary Public My Commission Expires:______LIMITED LIAOILITY MEMBERSHIP AFFIDAVIT Jaine Residence Zip Code S. Are you finand:dly interested In any ot11er place of business tlu1 has an alcol1olfo beverage license in Uie Slate or Maryland? •eriod of Residence Home Telephone No. Office Telephone No. Yes() No() ICyrs,pleased,mliJ. ______ 1ate of Birth Se< Place or Birtll Socia) Security No. aturalized YES ( ) NO ( ) Where Naturalized PditlOII No. lace of Employment 6. As• member, how much time will you 1pend on the licensed premises? ddress or En1ployer Length of Employment 7, What profit will you derive in proportion to lhe puccnlage of ownership? ,. What is your ownership interest in lhe L.L.C.? ______Percent of Ownership ,. What is your c11pUal co,uributio11 lo me L.L.C,7 ______8, As a mcntber, have you read the Rules and Rcgul:alions oftlte Board? Have yOu eve.- been convidcd of a felony, or h11.ve you hHn adjudged guilty of violating the laws vcrning the sale of any alcoholic beverages or for the prevention of n;ambling in lhe Slat.: of Maryland 9. Jr you are the qu11.lified Resident Agent. do you meet all of ctie following rcQ•inments? adjudged guilty ofaay offense :against the laws of the United Slates? Yes{ ) No( ). ,s( ) No( ) Iryes,pleascdctail. ______A. Yo11 have rcsidc.d In Worcester Counly for lwo year.s. 8. You own property in Worcester County. C. You are a registered voter in Worcester County. PROVIDE COPY(i") OF ANY AND ALL AGRltEM£NrS / CONTRACTS relative to the operation of the business lo be conducted under tbe alc:oholil: heverau:e license. (Inclusive or m•m1gcri•l ar;reements Slate wl1etller you have h11d a license for lbe s11le of alcoholic beverages denied or revoked. and/or sales contracts.) 1() No() Uycs,pJeaseddail, ______ Signat11re or Men1ber I HEREBY CERTIFY THAT BEFORE ME, a Notary Public in and for the Stare of Maryland, County ofWorce1ter, personally appured In said County and State oa this ___ day or 10__ ~ and m»de oath in d11e Conn of law that the matters.and (acts in the foreaoingACfidavitare true and that they would in factca01ply wllh •II slalemcnts Have you ever held II license for ihe sale of alcol10Jic beverage$ and if so in wllat Slate and what made therein, 1lion? Req. By Article 2B Sec. 56(14) WITNESS my hand and Official Seal this day of 20_. Notny Public My Conunissiun lxpires:.______LI MlTED LIABILITY MEMBERSHIP AFFIDAVIT la1ne Residence Zip Code S. Are you fi1111nci111Jy inlerested in auy olhtr place or buiiucss fllu.i has .:an alcul10Jic beverage license in the St•te or Maryl.11nd'? eriod of Residence Honie Telephone No, omce Telepl1one No. Yeli() No() 1ryes,pleasedetail. ______ale of Birth Sex Piace or Birth Social Secur-ity No. •lurali2ed YES ( ) NO ( ) WJ1ere Naturalized Petition No. lace of Employment 6. As• n1ember. how m11ch lime will you spend on the Jice•sed premises'? !ldress or Employer Length of Employnient 7. What profit will you dl!rivc in proporlion lo the percenb1gc of owncrslllp? • What is your ownership Jutcrest in me L.L.C.? ______l'crcent or Ownership • What is your capital canlribullon 10 the L.L.C.? ______I, As• menlber1 have you read the Rules and Regulations of the Board? Have you ever been convidcd or a fdony, or have you been adjudged guilty o( violating the laws vernJne tire sale or any alcoholic beverages or for lhe preveation or c•mbling in the State or Maryland 9. l(you sre the qualified Resident Agent, do you med all or 4he fuUowl•i:; requirements? adjudged guilty or any orrense aeainst the laws of Che United States? Yes( ) No( s() No( ) Uycs,pleasedetidl. ______A. You have resided in Wor«sler County for two yean. B. You own property in Worcester County. C Veu are a regislered voter In Worcester County. PROVIDE COPV(ies) OF ANY AND ALL AGREEMENTS/ CON'l'RACTS relalive to the operation or the busineu: to be cenducled under the alcoholic beverau;e license. (Inclusive of mln11gerial agreements ibue whether you hue had a license for lhe sale of alcoholic beverages denied or revoked. and/or sates confncls.) ;( ) No( ) 1ryes,ple.11seddai1. ______-,- ___ Signature or Me111ber I HEREBY CERTIFY THAT BEFORE ME, a Notary Public in .and for die State of Maryland, County orWorcater, persoHUy appeared In said County and State on this day or , lO ~ 2nd made oath in due Corm •flaw t11at lhe maUers and facts 111 lheforecoin&Affldavitarc true andthatlbey would in ractcomplywlth .all statements flave you ever beld a license for Ille sale of .11Jcol10Uc beverages and i( so in wh•t Sb.le and what made therein. Hon? Req. By Artide2B Sec.56(U) WITNESS my hAnd and Offiti•I Seal this day or lO_. Not11ry Public My Commission Expires:~------WORCESTER COUNTY BOARD OF LICENSE COMMISSIONERS TRANSFER OF LOCATION OR ASSIGNMENT OF LICENSE The purpose of this application is to: (a) transfer LOCATION from ______ (b) transfer or ASSIGN from ______ To------ I/We, the Transferors, do hereby make oath in due form oflaw that law that I/we have fully complied with all provisions oflaw and all regulations during the time that my/our license for the above named premises bas been in effect and that no indictment or complaint is pending against me/us or any of my/our employees in any court of this State or before the Board of License Commissioners, and that I/we do hereby consent to the transfer (or cancellation) of said license to be the above-named Transferee. AS WlTNESS my/our hand(s) and seal(s) this ____ day of ______, 20 __. ______(SEAL) ______(SEAL) ______(SEAL) STATE OF ______, COUNTY OF ______I hereby certify that on this day of 20 __, personally appeared and made oath in due form of law that the above statement is his/her act/deed. AS WITNESS MY HAND AND OFFICIAL SEAL. Notary Public My Commission expires: STATE OF ______, COUNTY OF ______I hereby certify that on this day of , 20 _, personally appeared and made oath in due form of law that the above statement is bis/her act/deed. AS WITNESS MY HAND AND OFFICIAL SEAL. Notary Public My Commission expires: STATE OF ______, COUNTY OF ______I hereby certify that on this day of , 20 __, personally appeared and made oath in due form of law that the above statement is his/her act/deed. AS WITNESS MY HAND AND OFFICIAL SEAL. Notary Public My Commission expires: WORCESTER COUNTY BOARD OF LICENSE COMMISSIONERS ALCOHOLIC BEVERAGE LICENSE RULES AND REGULATIONS BOARD OF LICENSE COMMISSIONERS William E. Esham, Jr. - Chairman R. Charles Nichols - Board Member Marty W. Pusey, Board Member April R. Payne - Liquor License Administrator Worcester County Government Center One West Market Street- Room 1201 Snow Hill, Maryland 21863 (410) 632-1908, Extension 1120 (410) 632-3008 -Fax E-Mail [email protected] ,, Thomas K. Coates - Board Attorney Harold (Skip) Cook - Board Investigator Information about the board, a copy of this document and some useful forms and applications are available at: httP://www.co.worcester.md. us/drp/dt:pliguorlicense.aspx Revised Rules and Regulations Adopted: November 14, 2013 Revised (Rule No. 12): December 17, 2014 TABLE OF CONTENTS Item No. Page No. 1. INTRODUCTION ...... ;...... 1 2. DEFINITIONS ...... · 3 3. DESCRIPTIONS OF CLASS OF LICENSEES ...... 5 4. HOURS OF SALE ...... :·...... 9 5. HEARING PROCESS ...... 12 I. Meeting and Hearings ...... 12 2. When Hearings are Required ...... 12 3. Place of Hearings ...... 12 4. Time of Hearings ...... 12 5. Record of Hearings ...... 12 6. Public Attendance ...... 13 7. Matters of Law...... 13 .. 8. Conduct of Hearing ...... , ...... 13 • 9. Order of Presentation ...... 13 .•. 5 . RULES ...... 15 1. Sales to Underage Persons...... 15 2. Presence of Minors on Licensed Premises ...... 16 3. Employee, Age of...... 16 4. Consumption of"Off Sale" Premises...... 16 5. Purchases by Retailer...... 16 6. Free Merchandise of Prizes...... 17 7. Prohibited Practices ...... 17 . 8. Discount Pricing ...... 18 9. Noise...... 18 10. Entertainment...... 18 11. Food Availability- Class B. Beer, Wine & Liquor Licenses 19 12. Minimum Requirements - Class D Beer, Wine & Liquor .... 19 13. Criminal Background Investigation Reports ...... 20 14. Application for Alcoholic Beverage License ...... 20 15. Sole Owners, Applications by ...... 21 16. Partnerships, Applications by...... 21 • 17 . Corporations and Limited Liability Companies, Applications by...... 21 ' 18. Health and Fire Department Clearance...... 22 • ' • 19 . Special and Temporary License- Class C (Club) ...... 23 • 20. Transfer of Stock Ownership or Membership Interest: Substitution of Corporate Officers or Manager ...... 23 21. Death of a Licensee ...... 23 22. Substitution of Officers: Class C. Licenses (Club) ...... 24 23. Fees ...... 24 24. Display of License ...... :...... 25 25. · License Refusal ...... , ...... 25 26. Alterations and Additions ...... 25 27. Manufacturers and Wholesalers Interest in Retail Establishments ...... 25 28. Liens Against Licenses Not Recognized ...... 26 29. Evictions from, Vacating or Premises ...... 27 30. Inspections ...... _...... 27 31. L1censee. 'Rs espons1 'b'l' 11ty: ...... 27 32. Suspensions, Revocations, Fines ...... 27 33. Guidelines for Granting Licenses ...... 30 34. Pool Tables, Video Games: Class B & D (On Sale) ...... 31 35. Alcohol Awareness Program ...... 31 36. Transfers ...... 32 37. Records ...... 32 38. Delivery- Off Premises Sales ...... 33 39. Nudity ...... 33 40. Payment of Taxes ...... 33 41. Removal of Partially Consumed Wine Bottles ...... 34 .. 42. Use of Promoters Not Permitted ...... 34 • ' INTRODUCTION This Handbook is provided to assist you with understanding the basic application process for an alcoholic beverage license in Worcester County and the laws and rules you will be required to adhere to if you obtain a license. Article 2B of the Annotated Code of Maryland should also be reviewed in order to obtain a complete understanding of the alcoholic beverage laws. If making application as individual, individuals, or as a partnership, each of you must have resided in Worcester County for the past two years. If making application on behalf of a corporation or limited liability company, .Qilll applicant must serve as the Resident Agent. That individual must have resided in Worcester County for the past two years, must be a registered voter in the County, and must own real property in this County. The Resident Agent must hold at least I 0% of the outstanding stock unless applying for a Class "B" Beer, Wine and Liquor license, in which case the Resident Agent must hold some percentage of the outstanding stock. Supporting signatures on the application must be collected by the Resident Agent and only by the Resident Agent. When making application on behalf of a corporation or limited liability company, it will be necessary for you to complete and submit with the application a "Stock Ownership Affidavit" or a "Limited Liability Company Member Affidavit''. Additionally, you must submit with the application a copy of your Articles of Incorporation and a copy of the stock certificates . , representing all issued and outstanding stock or Articles of Organiza1;iori and Operating Agreement and a copy of your lease ( if applicable) for the subject property. If making application for the transfer of an existing license, you must also complete a transfer application. Further, you must make application to the State's Comptroller's Office for the transfer of the alcoholic beverage inventory remaining on the property. A certification of compliance with the Bulk Sales Act by affidavit must also be filed. All sales or excise taxes must be paid current. or an agreement must be accepted by the Maryland Comptroller's office permitting the transfer of the license. Your application will be advertised by the Board in a local newspaper. Filing deadlines are established to allow for proper advertising. The Board ordinarily conducts hearings on these applications during the third week of each month. It is sometimes necessary to deviate from that schedule; you may confirm hearing dates with the Board's administrative staff. In the event your application is approved, your license cannot be issued until the Board has received all documents and certifications required under these rules and regulations and Article 2B of the Annotated Code of Maryland, together with all fees. All licenses expire each year on the last day of April. You should receive a renewal application in the mail at the address you have provided to. the Board on or before February l". ·, If you have not received a renewal application, it is your responsibility to contact the Board and ask for a renewal application. State law mandates that you file your renewal application no later 1 • than April I 51 of each year. Failure to file on time will result in the loss of your license and will, require ·you to apply for a new license. You should not wait until the last minute to file your application for renewal. Appointments for the various required inspections must be made well in advance. Also the personnel reviewing the applications for errors must process hundreds of applications in Jess than 60 days. If an error is found on your application, you may not have time to submit a correction before your license expires. Frequently licenses ~re issued with restrictions. How do you get a restriction changed? Many times exceptions can be granted by calling the Board's Administrator in advance of the special occasion. For a permanent change in a restriction you must meet with the Board. This can be accomplished by a letter to the Board's Administrator requesting a meeting to modify the restrictions. Your letter should detail what changes you want to make together with a site plan if the premises is going to be altered. Upon receipt of any type of application (except renewals or special permits) or request to appear before the Board for changes in license restrictions or alteration of licensed premises, the Board's administrator will request an investigation. An investigator will contact you for an interview and an inspection of the premises. Applicants and licensees should be aware that employees of the Board are not attorneys and can not give legal advice. In the event a licensee is charged with a violation of the Board's Rules or Article 2B of the Annotated Code of Maryland, a public hearing will be held as set forth in the hearing process. If a licensee is found to be guilty of the charges, the Board can impose a fine, suspension or revocation of the license. Accordingly, you are strongly urged to become familiar with these Rules and Article 2B of the Annotated Code of Maryland. 2 • DEFINITIONS For the purposes of these Rules and unless otherwise required by the context: A. "Alcoholic Beverages" - alcohol, brandy, whiskey, rum, gin, cordial, beer, ale, porter, stout wine, cider, and any other spirituous, vinous, malt or fermented liquor, liquid, cir compound, by whatever name called, containing one-half of one per centum or more of alcohol by volume, which is fit for beverage purposes. B. "Beer'' - any brewed alcoholic beverage and includes beer, ale, porter and stout. C. "Club" - an association or corporation which is organized and operated exclusively for educational, social, fraternal, patriotic, political or athletic purposes and not for profit. D. "Comptroller'' - the Comptroller of the Treasury of the State of Maryland. E. "Hotel" - Six (6) day license holder: an establishment with at least twenty (20) rooms, serving meals regularly. - Seven (7) day license holder: an establishment with at least twenty (20) rooms, serving meals regularly, with accommodation of the .public providing services found ordinarily in hotels, having a lobby with registration and mail desk and seating facilities, an enclosed dining area serving full course meals from menus at least twice daily, and having daily receipts from the sale of food in excess of that from the sale of alcoholic beverages during the effective period of the license. F. "License Holder'' or "Licensee"- the holder of any license or permit under the provisions of Article 2B or of any other law of the State. G. "Licensed Premises" - includes the building and land used in connection with the operation of the business conducted under the license, as defined in the original application or as amended and approved by the Board. H. "Light Wine" - any naturally fermented wine containing not in excess of twenty-two percent (22%) of alcohol by volume. I. "Manufacturer" - a person operating a plant within this State for distilling, rectifying, blending, brewing, fermenting or bottling any alcoholic beverage. J. "Person" - a natural person, an association, a partnership or corporation. K. "Restaurant" - (Beer, Wine and Liquor) Six (6) day license holder: An establishment with seating capacity af tables of at least seventy (70) people, serving full course meals from menus and having daily receipts from the sale of food greater than (33%) of the total daily receipts. 3 - Seven (7) day license holder: an establishment with seating capacity at tables of at least seventy (70) people in an enclosed dining area, ~erving full course meals from menus at least twice daily and having daily receipts from the sale of food in excess of that from the sale of alcoholic beverages during the effective period of the license. L. "Retail Dealer" - a person who deals in or sells any alcoholic beverage to any person other than a license holder and includes a county dispensary. M. "Sparkling Wine" • champagne or any artificial carbonated wine. N. "Taxpayer" - an individual who owns real estate in Worcester County in his own name, either individually or jointly with others, and actually pays real estate taxes in Worcester County. ··-· 0. "Wholesaler" • a person who purchases or imports any alcoholic beverage for sale to wholesale or retail dealers only and includes a county liquor control board and county wholesale dispensary. P. "Wine" - any fermented beverage, including light wines and wines, the alcoholic content of which has been fortified by the addition of alcohol, spirits, or other ingredients. Q. "Financial Interest" - means a legal or equitable interest in the licensed business entitling the owner thereof to receive a percentage of the profits derived from the sale of alcoholic beverages of the business. It does not include payments made to any employee, manager, mortgagor, landlord or bona fide creditor, provided that such individual does not otherwise own an interest in the licensed business. The ownership of stock in a publicly traded corporation is not considered a ·financial interest for the purpose of these rules and regulations provided that the owner of such stock does not have any substantial degree of control or management of the corporation. 4 . ' DESCRIPTION OF CLASS OF LICENSES Class A. Beer (Off-Sale) beer license shall authorize the holder thereof to keep for sale and to sell beer at retail, in any quantity to any legal consumer, at the place therein described, and to deliver the same in a sealed package or container which package or container shall not be opened nor its contents consumed on the premises where sold. There shall be no opened containers of alcoholic beverages at anytime, anywhere, in a Class A beer licensed establishment. Class A. Beer and Wine (Off-Sale) beer and wine license shall authorize the holder thereof to keep for sale and to sell beer and wine at retail, in any quantity to any legal consumer, at the place therein described, and to deliver the same in a sealed package or container which package or container shall not be opened nor its contents consumed on the premises where sold. There shall be no opened containers of alcoholic beverages at anytime, anywhere, in a Class A licensed establishment, except for wine tasting events which may be held on the premises in conjunction with a Class 4 limited winery which brings wine and pomace brandy manufactured onto a premises under the following conditions: (i) The product is being provided for a bona fide promotional activity conducted by the limited winery, retail licensee, alcoholic beverages trade association, or nonprofit organization; (ii) A representative of the limited winery, or a trade association representing Maryland wineries, is present at all times during the period of the promotional activity; (iii) Any unopened or partially consumed containers of wine and· pomace brandy are removed from the premises at the conclusion of the promotional activity; .. (iv) The limited winery or winery trade association complies with any rules or regulations promulgated by the Comptroller pertaining to on-premise promotions and product sampling; and (v) The limited winery or winery trade association has the advance written permission of the retail licensee to bring wine products on the premises for purposes of the promotional activity. Class B. Beer On Sale and /or Off Sale of Beer (Hotels and Restaurants) subject to Board approval of off sale privileges. Class B. Beer and Wine On Sale and /or Off Sale of Beer and Wine (Hotel and Restaurants) subject to Board approval of off sale privileges. Class B, Beer, Wine and Liquor On Sale and /or Off Sale of Beer, Wine and Liquor (Hotel and Restaurants) subject to Board approval of off sale privileges. Class C. Beer or Beer and Wine Golf, Tennis, Swim Clubs, Veterans Organizations and Fishing Clubs - Club licenses are strictly limited to the on-premises service to bona fide members and their guests. The club must verify the membership of each entrant. All card-carrying and dues paying members may sign in 5 ,. personal guests, in accordance with specifications of the individual club. As the host, the member and his or her guests shall be signed in the guest book. For each visit, a guest may be in or on the premises only as long as he is accompanied by the sponsoring Member. · Class C, Beer. Wine and Liquor Golf, Tennis, Swim Clubs, Veterans Organizations and Fishing Clubs - Club licenses are strictly limited to the on-premises service to bona fide members and their guests. The club must verify the membership of each entrant. All card-carrying and dues paying members may sign in personal guests, in accordance with specifications of the individual club. As the host, the member and his or her guests shall be signed in the guest book. For each visit, a guest may be in or on the premises only as long as he is accompanied by the sponsoring Member. Class C. Golf Course Beer, Wine and Liquor Golf Course (On-Sale Only) beer, wine and liquor license may be issued to a public golf course or organization that has a regular or championship golf course with a minimum of eighteen holes. This shall be for consumption only in the buildings, including the clubhouse, and adjoining \and used for golfing purposes. A patron .need not be seated to be served or consume alcoholic beverages. No alcohol may be taken off the licenses premises. Class D. Beer, Beer and Wine Tavern (On and/or Off-Sale) beer or beer and wine license shall authorize the holder thereof to keep for sale and sell beer or beer and wine at retail at the place therein described, for consumption on the premises or elsewhere subject to the Boards approval of off sale privileges. Class D. Beer, Wine and Liquor Tavern (On· and/or Off-Sale) beer, wine and liquor license shall authorize the holder thereof to keep for sale and sell all alcoholic beverages at retail at the place therein described, for consumption on the premises or elsewhere subject to the Boards approval of off sale privileges. Entertainment Facility There is a class EF (Entertainment Facility) Beer, Wine and Liquor License. A class EF License authorizes the sale and serving of Beer, Wine and Liquor anywhere throughout the Entertainment Facility during those days that the Entertainment Facility is open for business. Special Sunday A) The Board of License Commissioners may issue a special license to the holder of a 6-day Class B or Class C beer, wine and liquor license located in the county. The special license permits the licensee to sell alcoholic beverages to bona fide conventions and such other special groups that are approved by the: I. Mayor and City Council of the incorporated town (if any) in which the premises are located, if the Mayor and City Council elect to exercise this power; and 2. Board of License Commissioners. (a) The license permits consumption on the premises only on Sunday during the hours of 12:30 p.m. and 1:00 a.m. the following M.onday, prevailing time. (b) The·holder of the license may exercise the privileges of the license at the time and place described in the license upon the payment of a fee. (c) The daily license fee is $100. (d) Application for the permit shall be made not less than IO days prior to the day 6 . • upon which the permit is to be exercised . B) There is a special Sunday club license. (i) The license may be issued to bona fide clubs which already hold a Class C beer, wine and liquor license. (ii) The additional fee is $ I 00. (iii) A club may be issued no more than twenty (20) special Sunday licenses during a calendar year. (iv) Application for the license shall be made at least fourteen (14) days in advance to the Board of License Commissioners. The license is subject to the approval of application by the Board and subject also to other conditions, regulations and restrictions as established by the Board for the consumption of those alcoholic beverages on the premises. One Day Permit There is a nonprofit charitable organization license. (i) The license is a multiple one-day alcoholic beverages license to any bona fide nonprofit charitable organization. (ii) The applicant shall specify the .dates of the events for which the license will be used. (iii) A multiple one-day alcoholic beverages license may not include more than twelve (12) dates. (iv) Application for the license shall be made at least sixty (60) days in advance to the Board of License Commissioners so that the Board may advertise the hearing, if a hearing is required by the Board. The license is subject to the approval of application by the Board and subject also to other conditions, regulations and restrictions as established by the Board for the consumption of those alcoholic beverages on the premises. . - Festivals Definition: "Festival" means: (A) The Worcester County Beer and Wine Festival (WBWF); or (B) A similar festival featuring beer and wine that the Board approves. (C) The Board may issue not more than three special festival licenses each year. (D) Qualifications. - Notwithstanding any other provision of this article, an applicant for a special festival license shall be a holder of an existing State retail alcoholic beverages license, State Class 3 winery license, or State Class 4 limited winery license issued under this article. (E) Scope of license. - A special festival licensee shall: (I) Only display and sell: (i) Wine that is: I. Manufactured and processed in any state; 2. Price filed in accordance with regulations adopted by the Comptroller; and 3. Distributed in the State at the time the application is filed; and (ii) Beer that is brewed by a brewer: I. Who brews less than 60,000 barrels of beer annually; and 2. Whose product is distributed in the State at the time the application is filed; (2) Display and sell beer and wine at retail for consumption on or off the licensed premises on the days and for the hours designated for the Festival; and (3) Display and sell wine that is manufactured and processed in any state at retail for consumption off the licensed premises on the days and for the hours designated for the Festival. (F) Fees; time, location and focus of Festival. -The Board: 7 ·'(l) May establish the license fee; (2) May select one weekend, Friday thr.ough Sunday inclusive, annually for each Festival provided that the weekend that is selected does not occur on the same weekend as the Maryland Wine Festival; (3) Shall choose a location in the county for each Festival which is not licensed under this article; and (4) Shall assure that the primary focus of the Festival is the promotion of Maryland beer and wine. . (G) Scope of license; restrictions on products sold and displayed. (!) Products displayed and sold shall be: (i) Invoiced to the festival license holder by a licensed State wholesaler, winery, or limited winery; and (ii) Delivered to each Festival from the licensed premises of the wholesaler, winery, or limited winery. (2) Whenever a festival license is issued pursuant to this subsection, holders of wholesale, winery, or limited winery licenses may enter into an agreement with the holder of a festival license to deliver beer and wine 2 days prior to the effective date, and to accept returns 2 days after the expiration date of the festival license. (H) Application for the license shall be made at least 60 days in advance to the Board of License Commissioners so that the Board may advertise the hearing, if a hearing is required by the Board. The license is subject to the approval of application by the Board and subject also to other conditions, regulations and restrictions as established by the Board for the consumption of those alcoholic beverages on the premises. Caterer's License .. The holder shall comply with all rules and regulations applicable to the issuance of the principal Class "B" or "D" license. The holder shall prepare, deliver and provide food as well as alcoholic beverages for consumption at the catered event. The holder shall provide all the service employees to serve the alcoholic beverages at the catered event. The holder shall ensure that at least orte employee is certified by an alcohol awareness program and on the premises at all times during the catered event. The holder may exercise the privileges under this license only during the hours and days that are allowed for the principal Class "B" or "D" license. 8 HOURS OF SALE (A) General provisions.- In Worcester County, notwithstanding any other provisions of Article 2B, no holder of any retail alcoholic beverage license shall be permitted to sell, barter, deliver or give away, or otherwise dispose of any alcoholic beverages, or permit any alcoholic beverages to be consumed on the licensed premises, except as hereinafter provided. (B) Hours and days of sale - In general.- (1) Except as provided in subsections (c) and (d) of this section, no alcoholic beverages may be sold betwe~n the hours of 2:00 a.m., prevailing time, on Sunday, and 9:00 · a.m., prevailing time, on Monday; nor between the hours of 2:00 a.m. and 9:00 a.m. on the remaining days of the week. (2) However, where sales are permitted until 2:00 am., alcoholic beverages may not be consumed later than 2:30 a.m., at which time the licensed premises shall be vacated by all patrons. (C) Hours and days of sale - ( 1) Class A beer (i) 6-day license • 6:00 a.m. to 2:00 a.m. the following morning, but there shall be no sales between 2:00 a.m. Sunday and 6:00 a.m. Monday. (ii) 7-day license - 6:00 a.m. to 2:00 a.m. the following morning, except that on Sundays the licensee may reopen at 6:00 a.m. and remain open until 2 :00 a.rn. the following Monday. · (2) Class B beer (i) 6-day license (A) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning. .. (B) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. . (C) There may be no sales between 2 a.m. Sunday and 6:00 a.m. or 9:00 a.m. Monday, respectively. (ii) 7-day licenses (A) Countywide (exclusive of tenth election district) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m. Monday; (on-sale) 9:00 a.m. to 2:00 a.m. the following morning and on Sundays 12:30 p.m. to 2:00 a.m. Monday. (B) Tenth election district (off-sale) 6:00 a.m. to 2 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m. Monday morning. (C) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. (3) Class C beer The hours for sale shall be from 9 :00 a.m. until 2:00 a.m. the following morning, except that there shall be no sales on Sundays between 2:00 a.m. and 9:00 a.m. Monday mornings. · (4) Class D beer (i) 6-day license (A) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning. (B) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. (ii) 7 -day license (A) Countywide (exclusive of tenth election district) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 am. Monday; (on-sale) 9:00 a.m. to 2:00 a.m. the following morning and on Sundays 12:30 p.m. to 2:00 a.rn. Monday. (B) Tenth election district (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m. Monday. 9 (C) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. (5) Class A beer and light wine (i) 6-day license - 6:00 a.m. to 2:00 a.m. the following morning, but there shall be no sales between 2:00 a.m. Sunday and 6:00 a.m. Monday. (ii) 7-day license - 6:00 a.m. to 2:00 a.m. the following morning, except that on Sundays the licensee may reopen at 6:00 a.m. and remain open until 2:00 a.m. the following Monday. (6) Class B beer and light wine (i) 6-day license (A) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning. (B) (on-sale) 9:00 a.m. to 2:00 a.m. the·following morning. (C) There may be no sales between 2:00 a.m. Sunday and 6:00 a.m. or 9:00 a.m. Monday, respectively. · (ii) 7-day licenses (A) Countywide (exclusive of tenth election district) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m., Monday morning. (B) Tenth election district (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m. Monday morning. (C) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. (7)Class C beer and light wine Toe hours for sale shall be from 9:00 a.m. until 2:00 a.m. the following morning, except that there shall be no sales on Sundays between 2:00 a.m. and 9:00 a.m. Monday mornings. (8) Class D beer and light wine (i) 6-day license (A) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning. .. (B) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. (ii) 7-day license (A) Countywide (exclusive of tenth election district) (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m. Monday. (B) Tenth election district, as stated _in § 5-401 • (off-sale) 6:00 a.m. to 2:00 a.m. the following morning and on Sundays (off-sale) 6:00 a.m. to 2:00 a.m. Monday. (C) (on-sale) 9:00 a.m. to 2:00 a.m. the following morning. (9) Class B beer, wine and liquor (i) 6-day license (A) (off-sale)· 6:00 a.m. to 2:00 a.m. the following morning for the sale of beer and light wine only· 9:00 a.m. to 2:00 a.m. the following morning for the sale of liquor. (B) (on-sale)· 9:00 a.m. to 2:00 a.m. the following morning (ii) 7-day license (A) (off-sale) - 6:00 a.m. to 2:00 a.m. the following morning for the sale of beer and light wine only - 9:00 a.m. to 2 :00 a.m. the following morning for the sale of liquor also (B) (on-sale) - 9:00 a.m. to 2:00 a.m. the following morning (C) Sundays - (on-sale) - 9:00 a.m. to 2:00 a.m. Monday morning (off-sale) - 6:00 a.m. to 2:00 a.m. the following morning. · (I 0) Class C beer, wine and liquor (i) 6-day license· 9:00 a.m. to 2:00 a.m., the following morning (ii) 7-day license· 9:00 a.m. to 2:00 a.m., the following morning (iii) Sundays· 9:00 a.m. to 2:00 a.rn., the following Monday (11) Class D beer, wine and liquor 10 (i) 6-day license (A) (off-siile) - 6:00 a.m. to 2:00 a.m. the following morning for the sale of beer and light wine only - 9:00 a.m. to 2:00 a.m. the following morning for the sale of liquor. (B) (on-sale) - 9:00 a.m. to 2:00 a.m. the following morning (ii) 7-day license (A) (off-sale)· 6:00 a.m. to 2:00 a.m. the following morning for the sale of beer and light wine only - 9:00 a.m. to 2:00 a.m. the following morning for the sale of liquor also (B) (on-sale) - 9:00 a.m. to 2:00 a.m. the foJlowing morning (C) Sundays - (on-sale) • 9:00 a.m. to 2:00 a.m. Monday morning and (off-sale) - 6:00 a.m. to 2:00 a.m. the following morning. (D) New Year's.- In Worcester County Sunday sales when December 31 or January I fall on a Sunday shall be governed by the Board, (12) Class EF- Entertainment Facility- 9:00 AM. Through 4:00 AM. the following day. ,• .. ll • • THE HEARING PROCESS 1. MEETING AND HEARINGS The Board of License Commissioners shall hold such meetings, hearings, and sessions as may be scheduled from time to time by the Administrator at the direction of the Chairperson. Except for disciplinary hearings, the Board shall deliberate in open session and announce its decision thereon. Such decision may be deferred to a later date, but any and all discussion or deliberation with regard to the issue before the Board shall occur in public session. 1n the event a decision is deferred, the Chairperson shall announce a specific date and time at which the decision shall be made. All evidence, petitions, testimony and other matters shall be presented to the Board of License Commissioners in a hearing open to the public. The attendance of two Board Members shall constitute a quorum. 2. WHEN HEARINGS ARE REQUIRED Advertised public hearings are required concerning: 1) all applications for all new licenses, except temporary or special licenses as defim,d in Article 2B of the Annotated Code of Maryland unless the Board of License Commissioners determines a temporary license requires a hearing; 2) all applications for transfer of licensee(s), and transfer of location; and 3) public · hearings are required for a protest of the renewal of a license. The Board of License '. Commissioners may require hearings on other matters concerning the sale of alcoholic beverages at its discretion . . - Public hearings shall be held for all major alterations to licensed premises, disciplinary hearings and other matters as determined by the Board. 3. PLACE OF HEARINGS The place of hearings for the Board of License Commissioners shall be I" floor Board Room, Government Center, One West Market Street, Snow Hill, Maryland ·21863, unless otherwise determined by the Board. 4. TIME OF HEARINGS Hearings shall be held at such times as the Chairperson shall direct, and as scheduled by the Administrator. The applicant shall be notified in writing concerning the time, date and location of the hearing. 5. RECORD OF HEARINGS The Board of License Commissioners shall prepare an official record of its proceedings, in each case, which shall include the testimony and exhibits, but it shall not be necessary to transcribe the testimony unless required for court review, or when required by any party of interest appearing at the hearing. The party taking the appeal or ordering the record shall pay the reporter, in advance, the cost of transcribing the record. 12 • 6. PUBLIC ATTENDANCE The general public and representatives of the news media are encouraged to attend all hearings. It shall be the duty of the Chairperson to maintain order during the hearing. Whenever confusion or disorder arises in the hearing room, or demonstrations of approval or disapproval are indulged in by persons in attendance, it shall be the duty of the Chair to enforce order on its own initiative without any point of order being made by a member. Under circumstances of confusion and disorder, the Chair shall have the power, and it shall be the duty of the Chair, to order the hearing room cleared or to recess the hearing and the Chair may, upon its own motion and without a second or putting the matter to vote, ord~ the hearing adjourned to a fixed hour and date. · 7. MATTERS OF LAW All matters of law raised by any party during a hearing shall be ruled on by the Chairperson. His or her ruling shall be final and not appealable to the Board of License Commissioners, but objections thereto shall be entered in the transcript and shall be made a part of the Record of Proceedings. 8. CONDUCT OF HEARING '. A. At the beginning of the hearing, the Chairperson shall call the docket. In his or her discretion, all preliminary matters may be heard and disposed of first. ' . B. All persons testifying shall be required to take the following oath: "Do you swear and aver under the penalty of perjury that the testimony you are about to give in this matter will be the truth, the whole truth and nothing but the truth?" C. In the event an applicant for a license is deaf or is unable to adequately understand or express himself or herself in spoken or written English, than the applicant shall obtain a Court Interpreter certified pursuant to Maryland Rule 16-819. Persons acting as an interpreter for the applicant or licensee shall be required to make the following affirmation "Do you affirm under penalty of perjury that you will truly interpret to the Board of License Commissioners the questions, propounded, the answers given thereto, and any other testimony given in this matter?" D. The Chairperson may amend the scheduled order of hearings. 9. ORDER OF PRESENTATION A. Introduction of reports and official documents B, Applicant's presentation: 1. Direct examination of applicant's witnesses. 2. Cross-examination of applicant's witnesses by the Board. 13 3. Cross-examination of each applicant's witness by the opposition's attorney or a spokesperson. Any person desiring to question the applicant's witness shall first address the Chair and be recognized, request permission leave of the Chair to ask a question of the witness, and shall not proceed until such permission in granted. Upon initial recognition by the Chair, the person shall give the following information before questioning the witness: His or her name, home address, and its approximate location with reference to the subject premises or licensed premises. Questions shall be brief, shall pertain only to statements made by the witness, and shall be interrogatory in nature and not argumentative. Questions shall not be preceded by statements nor shall they contain allusions to personality or motives. If the Chairperson shall rule the question out of order or objectionable, it shall be the duty° of the person asking it to withdraw the question which is out of order or objectionable. In the discretion of the Chair, questions on cross-examination shall be reduced to writing and asked by the Attorney for the Board of License Commissioners. C. Opposition's presentation: I. Direct examination of each opposition witness. ,> 2. Cross examination of each opposition witness by the Board. .. 3. Cross examination of each opposition witness by Applicant. D. Rebuttal by applicant - the applicant may present evidence to rebut any evidence introduced by the opposition, but no new evidence may be introduced at this time. E. Summation by applicant. F. Summation by opposition. G. Board of License Commissione.rs' Action - the Board may determine to grant or deny the application at the end of the presentation, or it may take the case under advisement for further deliberation and a later decision. For proper reasons shown, the Board may recess the case to receive additional evidence at a later time, if it deems that it is essential in making the proper decision. H. The Chairperson may alter the order of presentation and allow additional testimony and evidence at any time during the hearing. 14 RULEN0.1 SALES TO UNDERAGE PERSONS A. A licensee, or any of his/her employees or agents, may not sell, serve Qr furnish any alcoholic beverages at any time to any person under the age of 21. B. The licensee shall take full responsibility to determine, with reasonable certainty, that the person to whom the sale is made is of the age specified for the sale of alcoholic beverages to be purchased or consumed. Any sale maqe in violation hereof shall be done at the licensee's own risk. In disciplinary proceedings it shall be no defense that an agent or employee of the licensee acted contrary to order or that a licensee did not participate in the violating action or actions. C. Every licensee shall keep on the licensed premises and available for inspection by any agent of the Board, a book containing the signature of any· person whose age has been questioned in connection with the purchase of alcoholic beverages who has presented documentary proof to substantiate his/her age for the purpose of purchasing alcoholic beverages. The book shall contain copies of the following form upon which the licensee, his/her agent or employee shall record all information required by each and all sections of the form, and shall be signed by the seller and the purchaser. This form is not furnished by the Board and shall .. therefore be prepared by the licensee for his/her own use . Sample: .. Identification (Check as Shown) Date: ______ Date of Birth.:_------Driver's License: ------ Air Force l.D. Card: ______Birth Certification:------ Army 1.0. Card. ______Service Discharge:------Coast Guard l.D. Card: ______Draft Card: ______Marine Corp. l.D. Card:------Other (Specify):------Navy 1.D. Card: ______ Description of Purchaser Height Weight Color of Eyes Color of Hair Outstanding Featqres Seller's Signature To be completed by purchaser: I declare I am of legal age to purchase fermented ma1t beverages or intoxicating liquor. and that I am subject to arrest and prosecution for misrepresenting my age. Print Full Name Signature Street Address City State Zip 15 RULEN0.2 PRESENCE OF MINORS ON LICENSED PREMISES: Under the provisions of Section 12-111 of Article 2B, it shall be unlawful for any person under the age of twenty-one (21) years to loaf or loiter about the licensed premises. Restaurants may, however, serve meals without alcoholic beverages to any person. See also Rule No. 34 for further restrictions. RULEN0.3 EMPLOYEE, AGE OF Under provisions of Section 12-224 of Article 2B, it shall be unlawful in Worcester County for any licensee to employ any person under the age of eighteen (18) years in the sale of alcoholic beverages, unless a permit is obtained from the Sheriff and State's Attorney for Worcester County. RULEN0.4 .. CONSUMPTION ON "OFF SALE" PREMISES No holder of a Class A "off sale" license, his/her agent or employee shall permit any person to . • consume or open any alcoholic beverage on the licensed premises nor any other portion of the property of the establishment except for wine tasting events which may be held on the premises in conjunction with a Class 4 limited winery which brings wine and pomace brandy manufactured onto a premises under the following conditions: (i) The product is being provided for a bona fide promotional activity conducted by the limited winery, retail licensee, alcoholic beverages trade association, or nonprofit organization; (ii) A representative of the limited winery, or a trade association representing Maryland wineries, is present at all times during the period of the promotional activity; (iii) Any unopened or partially consumed containers of wine and pomace brandy are removed from the premises at the conclusion of the promotional activity; (iv) The limited winery or winery trade association complies with any rules or regulations promulgated by the Comptroller pertaining to on-premise promotions and product sampling; and (v) The limited winery or winery trade association has the advance written permission of the retail licensee to bring wine products on the premises for purposes of the promotional activity. RULE NO. 5 PURCHASES BY RETAILER No license holder shall purchase any alcoholic beverage except from a duly licensed manufacturer or wholesaler and no retail license holder shall sell to another license holder any alcoholic beverages. No license holder shall at any time keep or permit to be kept upon the 16 • licensed premises any alcoholic beverage unless purchased in accordance with this Rule or unless the license holder has a pennit issued for "Bring your Own Wine" pursuant to Article 2B Section 12-107 (b) ( 10). RULE NO. 6 FREE MERCHANDISE OR PRIZES No licensee, his/her agents or employees shall offer free food, merchandise or coupons to encourage the sale of alcoholic beverages, except calendars and favors for amusement may be given away. No alcoholic beverages may be sold or given away as prizes in connection with the playing of any claw, pin ball, slot machine or other similar devices such as punch cards, drawings, or the winner of any games nor to participants in any contest, whether amateur or professional. All persons holding "On Sale" licenses may offer free of charge pretzels, potato chips, peanuts, cheese, crackers or hors d'oeuvres in connection with the consumption of alcoholic beverages on the premises. No licensee of a licensed establishment which offers any type of lottery shall provide any type of discount alcoholic beverages to its customers as a means of stimulating sales or redemption oflottery tickets. No licensee or agent of licensee shall advertise the sale of alcoholic beverages at a discount as a means of stimulating sales or redemption oflottery tickets. .. RULE NO. 7 PROHIBITED PRACTICES A. No licensee shall allow his premises to be used for the purpose of bookmaking or gambling, except the State of Maryland Lottery, in any form, or as a disorderly house, or for the purpose of perverted practices, nor shall the licensee, his/her employees, patrons or frequenters of the establishment solicit any person or persons for immoral purposes. . B. No licensee shall permit his premises to be used for the sale, transfer or possession of narcotics or dangerous substances, as defined in the Annotated Code of Maryland. C. No licensee, his/her agents or employees shall use or permit to be used or dispensed on the licensed premises any drugs or violent emetics or purges. D. No applicant or licensee shall make any material false statement in any original application for an alcoholic beverage license, renewal application, letter or written statement, in testimony before the Board or any other representative of the Board of License Commissioners who may be conducting an official investigation. E. In the event a licensee decides to significantly alter the mode of operation and the format of presentation of alcoholic beverages to the public from that contained in the original application approved by the Board at the time of issuance of the license, such change must first 17 be presented to the Board for approval. Such changes in the mode of operation would include entertainment, alteration of physical premises, presentation of food, alcoholic beverages, seats, physical environment both inside and outside of the licensed premises. The intent of this section is that when a license significantly deviates from the original application as issued, the changes in the mode of operation must be reviewed so consideration can be given to the testimony presented on the original application by the parties of record so as to have assurances that the best interest of the public is accommodated and the operation of the business to be conducted under the license does not adversely impact or unduly disturb the community and further that it is harmonious to the peace, health, welfare and safety of the residents of Worcester County. RULEN0.8 DISCOUNT PRICING No licensee or employee or agent of a licensee shall engage in the following discount pricing practice at any time unless specifically excepted herein: A. Offer or deliver any free drinks to any person or group of persons; as a sales promotion; B. Deliver more than two drinks to one person at a time; ' . c. Sell, offer to sell, or deliver to any person any unlimited number of drinks during any set period of time for a fixed price, except at private functions .. and D. Sell alcoholic beverages at a price which is less than the licensee's cost. RULEN0.9 NOISE All licensees shall operate their establishments in such a manner that will not disturb the peace, safety and tranquility of the neighborhood where located. The intent of this Rule is that the licensee's operation shall not adversely impact its surrounding neighborhood in terms of noise and/or antisocial, illegal, boisterous and unsafe activities. RULEN0.10 ENTERTAINMENT • The Board of License Commissioners may regulate the time and noise level of the playing of mechanical music boxes, live music, and sound making devices that are used on licensed premises where the sound disturbs the peace, tranquility, safety and health of the surrounding neighborhood. 18 • ' Entertainment is broadly defined and can include, but is not limited to, any type of performance provided by the licensee or the licensee's agents on the licensed premises. Some examples of entertainment are: I. Music played by a disc jockey:· A disc jockey is a person, whom introduces and plays music or a person who interacts with customers while playing recorded music, 2. Music played by a musician or band, 3. Choreography demonstrated by a dancer, 4. Jokes told by a comedian, and 5. Songs performed by a vocalist or instrumentalist. Licensees do not need permission pursuant to Rule 34 for the activities set forth below: I. Music played on a sound system (interior speakers only) without the assistance of a disc jockey, and 2. Electronic, mechanical, or other devices ( e.g. television, karaoke machine, jukebox, etc.) that are provided for customer use to enhance the customer's experience. The location and number of any exterior speakers require permission of the Board. .. RULEN0.11 .. FOOD AVAILABILITY · CLASS B, BEER, WINE AND LIQUOR LICENSES All Class B, Beer, Wine and Liquor Licenses must have available from the regular menu, hot meals between the hours of 12:00 p.m. to 9:00 p.m. provided the premises are open to the public. RULEN0.12 MINIMUM REQUIREMENTS - CLASS D, BEER, WINE AND LIQUOR The establishment shall be equipped with adequate facilities for the preparation and serving of mixed alcoholic drinks and also contain an area sufficient in size to permit the activities required in the operation of a bar; such as, but not limited to, the facilities and ingredients commonly used in the mixing of drinks. The establishments shall also contain an enclosed area large enough to accommodate tables and chairs and/or bar stools that comfortably seat and accommodate at least fifty (50) people. The said tables and chairs and/or bar stools must physically be within the licensed • premises during the terms of the license. This rule shall apply to all licenses issued by the Board of License Commissioners for Worcester County, Maryland after December 17, 2014. All licenses issued prior to December I 7, 2014 shall contain an enclosed area large enough to accommodate tables and chairs and/or bar stools that comfortably seat and accommodate at least twenty-five (25) people. 19 RULEN0.13 CRIMINAL BACKGROUND iNVESTIGATION REPORTS Prior to the hearing, the Board must have Criminal Background Reports from the Maryland State Police and the FBI for all applicants for new or transfer applications. This can be a lengthy process; applicants are advised to begin this process as soon as possible. It is the responsibility of all applicants to obtain an information package on this process from the Board's Administrator, and to follow the instructions and procedures contained therein. The Criminal Background Investigation Application for each applicant must be taken in person to a place that is authorized by the Maryland State Police to electronically scan and submit fingerprints to the relevant agencies. A list of such places is maintained at: http://www.dpscs.state.rnd.us/publicservs/fingemrints .html, RULEN0.14 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE OR TRANSFER OF LICENSE . . ' Applications for new licenses, transfer of licenses, and transfer of location of licenses shall be made on standard forms provided at the Board office. Information requested on all such forms shall be typewritten or printed in ink to be legible. All applications must be fully completed and filed on or before the filing date designated for the hearing. A schedule of filing dates and hearing dates can be obtained by calling the Board's office. A current email address for each applicant must be provided with the application. No new alcoholic beverage licenses, transfer of licenses or transfer of location of licenses having approval from the Board shall be issued until applicants complete the following items: A. Bulk Sales Pennit or Letter to release Bulk Sales if no bulk is to be transferred; B. Minutes of the Corporation; C. Articles of Incorporation and Certificate of Incorporation or Articles of Organization and Operating Agreement; D. Copies of Stock Certificates; E. Workmen's Compensation Certification; F. Lease - Deed; G. Interior Design Layout of licensed premises (file size copy); 20 • H. Stockowner's or Limited Liability Member Affidavit; I. Proof of compliance with Alcohol Awareness Training; J. Criminal Background Investigation Report; K. Fire and Health Certificate, except for Class A Applications; L. Affidavit of Compliance with Bulk Sales Act; M. Payment of all required fees. In the event a check is delivered to the Board and is returned for insufficient funds, the Board shall have the right to suspend any approval, renewal or license issuance until receipt of cash or certified funds. In the case of married licensees each individual holding a license shall be required to file with their annual renewal application a sworn, notarized statement affirming that the licensees filed separate income tax returns for the year immediately preceding the date of the renewal application. RULEN0.15 SOLE OWNERS; APPLICATIONS BY Persons applying for an alcoholic beverage license as sole owners must have resided in Worcester County for two years immediately preceding the application for the license, and must continue to reside in Worcester County as long as they hold the alcoholic beverage license. RULEN0.16 PARTNERSHIPS; APPLICATIONS BY If an application is made for a partnership, the license shall be applied for and be issued to all partners as individuals, all of whom shall have resided in Worcester County for at least two years prior to the application, are registered voters in Worcester County, and shall continue to reside and be a taxpayer in Worcester County after the issuance of the license. RULEN0.17 APPLICATIONS BY CORPORATIONS AND LIMITED LIABILITY COMPANIES; • A. If an application is made for a corporation or club, whether incorporated or unincorporated, the license shall be applied for by and be issued to three of the officers of the corporation or club as individuals for the use of the corporation or club. In the case of a corporation where there are Jess than three officers or directors of the corporation, all officers or directors shall make the application as provided in this section, at least one of whom shall have 21 • resided in Worcester County for at least two years prior to the application, is a taxpayer and is registered to vote in Worcester County, and shall remain a resident and taxpayer as long as the license is in effect. The application shal! also set forth the names and addresses of all of the officers or the corporation or club and shall be signed by the President or Vice President as well as by the three officers to whom the license shall be issued. The application for every license shall disclose the name and address of the corporation, partnership or association as well as the name and address of the applicant. All applicants must be citizens of the United States. B. A license for a limited liability company shall be applied for by and issued to three (3) of the authorized persons of that limited liability company, as individuals for the use of the limited liability company at least one (I) of whom shall have been a resident, registered voter and taxpayer of Worcester County for at least two (2) years next preceding the filing of this application. Such authorized person shall continue to be a registered voter, reside in and be a taxpayer of Worcester County during the holding of this license. In addition, the application shall also, set forth the names and addresses of each of the authorized persons and shall be signed by the three (3) authorized persons to whom the license shall be issued. In the event that there are less than three (3) authorized persons of the limited liability company, all authorized persons shall make application. Applicant for a new license or a transfer must certify that one of the applicants meet the above stated residency requirements and that the designated Worcester County resident serves in the capacity of Resident Agent. Additionally, except for a Class B, Beer, Wine and Liquor .. License, the Resident Agent shall certify that he/she holds 10% of the outstanding stock of the corporation or that he/she holds I 0% of the outstanding membership interest of the limited liability company. A majority stockholder or member may be required to apply for a license as . . an applicant at the direction of the Board . In the event · there are no officers or director of a close corporation, at least one stockholder may make application if there is an affirmative vote of the stockholder holding a majority of the stock. The requirements of stock ownership shall not apply in the case of a corporation whose sale of stock is authorized for sale by the Securities and Exchange Commission of the United States. The term "Applicant" for the purpose of the Rule, means a corporate officer or member who will be issued the license as an individual on behalf of the corporation or limited liability company. RULEN0.18 HEAL TH AND FIRE DEPARTMENT CLEARANCE No Class B, C or D license approved by the Board of License Commissioners shal! be issued by the Board until the premises has been approved by the Health Department of " Worcester County and no license holder or such licenses, his/her agents or employees shall be permitted to sell any alcoholic beverages without a current Health Department Permit. 22 • •. No license approved by the Board of License Commissioners shall be issued by the Board until the premises has been approved by the Worcester County Fire Marshall. RULEN0.19 SPECIAL AND TEMPORARY LICENSE; CLASS C (CLUB) General: Special and Temporary licenses shall be required in accordance with Section 7-!0l(u) of Article 2B and shall be issued by the Chairman of the Board of License Commissioners to any qualified, bona fide religious, fraternal, veterans, political, civic, or other· nonprofit organization, when such organizations are having a function at which there will be a cash bar or admission charge or both, provided that the application for the license is filed with the Board at least fourteen (14) days prior to the effective date of the license and the sponsoring group is responsible for enforcing compliance with current Alcoholic Beverage Laws and Rules, etc. RULEN0.20 TRANSFER OF STOCK OWNERSHIP OR MEMBERSHIP INTEREST: .. SUBSTITUTION OF CORPORATE OFFICERS OR MANAGER A. Whenever more than the cumulative amount of 50% of the stock in a corporation or 50% of the membership interest in a limited liability company has been transferred since the .., approval of a new or transfer application, an application for transfer must be filed with the Board and approved by the Commissioners. B. Whenever less that the cumulative amount of 50% of the stock in a corporation or 50% of the membership interest in a limited liability company is being transferred from any person other than the Resident Agent since the last transfer or new application and approval, and the stock or membership interest is being transferred among existing stockholders or members, then, all that is necessary to effectuate this transfer is a letter of request to the; Board of License Commissioners for permission to issue the new stock. Additionally, the stock ownership or member affidavit must be provided to the Board. C. Whenever any resident agent resigns, an application for transfer shall be filed within thirty (30) days after the notice of resignation is received by the Board. For good cause shown the Board may alter this procedure for any licensed premises. RULEN0.21 DEATH OF A LICENSEE Upon the death of any married licensee, or upon the death of any licensee holding that 0 license for the benefit of a partnership, limited liability company or corporation, upon application to the official issuing the license, a new license shall be issued to the surviving spouse, the surviving partner for the benefit of the partn~rship, the surviving members or the senior 23 .. - . • surviving corporate officer for the benefit of the corporation, without the necessity of any further proceeding for the balance of the current license year. A renewal license may be issued to the surviving spouse or to the surviving members of a partnership, limited liability company or corporation, if they qualify to hold the license. If the above does not apply, upon the death of the holder ·of any license issued under the provisions of Article 2B, the license shall expire, except as herein otherwise provided, provided, however, that upon application to the Administrator of the Board of License Commissioners issuing such license by the executors or administrators of the deceased licensee, a Certificate of Permission may be granted for the continuation of the business in the name of such executors or administrators for the benefit of the estate of the deceased for a period not exceeding eighteen months from the date of any such permission unless the license shall expire sooner, in which case upon application by the executor or administrator as above provided, a renewal license for a period not exceeding eighteen months after the death of the license holder. Such certificates or permission and renewal licenses issued will be subject to the right of protest, revocation, suspension and restriction as in other cases upon the payment of the pro rated license fee for such a period, and during the period of such continuation the said license and the executors or administrators of the deceased shall be subject to all of the provisions of Article 2B. The administrator or executor to which the aforesaid Certification of Permission has been granted may assign or transfer said license for the benefit of said estate, and upon the approval of the application for said transfer or assignment, the said license shall be considered reinstated .. upon the payment of the balance of the license fee which might be due to the expiration of the license year. If the business of the licensee be not continued as above provided, or if the said license be not transferred or assigned, his executors or administrators shall be authorized to apply •• for and obtain any refund to which the deceased would have been entitled if his license had been surrendered for cancellation upon the date of his death. RULEN0.22 SUBSTITUTION OF OFFICERS: CLASS C LICENSES (CLUB) Notwithstanding any other provisions of Article 2B, any corporation or club holding a Class C license may, during any license year, substitute the name of any one officer for the name of any other officer on the license when the depleted officer has died, retired, been removed from office, or no longer hold an office in the corporation. The corporation shall file an affidavit with the Board showing the Substitution of an Officer of Officers with an explanation of substitution. Upon receipt of the Affidavit, the Board shall amend its records and issue a new license with the corrected names. RULEN0.23 FEES All fees must be paid by check or money order and paid to the order of Worcester ~ County. Fines must be paid by cashier's check. In the event a check is delivered to the Board and is returned for insufficient funds, the Board s;b.all have the right to suspend any approval, 24 .• renewal or license issuance until receipt of cash or cashier's check. RULEN0.24 DISPLAY OF LICENSE Each licensee shall place the alcoholic beverage license in a separate frame, under glass; and place the license so that it shall be conspicuous and easily read in his/her place of business by his/her customers and the agents of the Board and the general public. RULE NO. 25 LICENSE REFUSAL Whenever any application for a license is refused, no further application for a license for the same premises shall be made for a period of six months from the date of such refusal. This Rule shall not apply in the case of applications rejected because of a legal defect or omission in the application; or if such refusal was solely directed against the person or persons applying for the prior license, and expressly stated as the reasons for refusal, and not against the premises in question, or where more than one applicant applies for the license. RULEN0.26 ·> .. ALTERATIONS AND ADDITIONS No license holder shall make any alteration or addition on a licensed premises or change the manner in which alcoholic beverages are dispensed without first obtaining permission from the Board. No license holder shall make any installations or alterations on the licensed premises until a permit has been obtained from the appropriate public authority for Worcester County and until the approval of the Fire Authority, Health Department and Department of Licenses and Permits has been obtained where such approval is required by law. All approved plans must be completed within six months of the date of approval by the Board; failure to do so may result in rescission of the authorization previously granted. RULEN0.27 MANUFACTURERS AND WHOLESALERS INTEREST IN RETAIL ESTABLISHMENTS .• It shall be unlawful for any holder of a manufacturer's or wholesaler's license, or anyone connected with the business of the holder, or any distiller, nonresident dealer, brewer, rectifier, blender, or bottler of alcoholic beverages to have any financial interest in the premises upon or in which any alcoholic beverage is sold at retail by any licensee, or in business conducted by the 25 ' . ., . licensee; and shall be unlawful also for any person or anyone connected with his/her, or their ·business, to lend any money or other thing of value, or make any giver or to offer any gratuity to any retail dealer, and it shall be unlawful also for any brewer or beer wholesaler to furnish any sign, display or other fonn of advertisement of any value in excess of $15.00, advertising the beer or malt beverage products of a particular wholesaler or brewer to the holder of any retail license issued under the provision of Article 2B of the Annotated Code of Maryland. Except as provided for, a retail dealer may not accept, receive or make use of any money, gift, sign or display furnished by any manufacturer or wholesaler, or any distiller, brewer, rectifier, nonresident dealer, blender or bottler, or become indebted to any person except for the purchase of alcoholic beverages and allied products purchased for resale. It shall be unlawful also for any manufacturer, distiller, nonresident dealer, rectifier, blender or bottler, or wholesaler of alcoholic beverages other than beer and malt beverages to furnish any sign, display or other fonn of advertisement of value except as hereinafter provided. Signs, posters, placards, devices, graphic displays bearing advertising matter or any other fonns of advertising for use in windows or elsewhere on a retail liquor establishment may be given or furnished to a retailer by a brand owner who is engaged in the business as a distiller, nonresident dealer, rectifier, blender, bottler or wholesaler of alcoholic beverages other than beer and malt beverages, provided: A. The utilitarian value is secondary and only incidental to the value as an advertisement; B. The total value of any item furnished by any brand owner for each of its .. individual brands for use in any one retail establishment at any one time does not .,. exceed the sum of$25.00 for each individual brand; . . C. The cost of installation of these materials does not exceed that which is usual and customary in that particular locality. Materials and labor may be furnished by a brand owner for the custom manufacture of an advertising_ display not to exceed $20.00 which is temporary in nature and has no other utilitarian value. A manufacturer or nonresident dealer or brand owner may not undertake any plan or design which directly or indirectly results in the purchase of advertising materials or supplies and advertising service by any wholesale or retail licensee; neither shall a wholesale or retail licensee participate directly or indirectly in any transaction in which he pays for or shares in the cost for any value of the advertising materials, supplies, services or mailing expenses utilized to promote the brand owners products; nothing contained herein is intended to provide wholesale licensees from furnishing brand owners as defined, with display materials and installation service charges, computed at not less than the fair market value for these services. RULEN0.28 LIENS AGAINST LICENSES NOT RECOGNIZED • In Worcester County licenses issued under Article 2B of the Annotated Code of Maryland shall not be subject to writs of execution by a judgment creditor of a licensee nor shall ·-· said licenses be subject to distraint for rent. 26 RULEN0.29 EVICTIONS FROM, VA CA TING OF PREMISES A. On the tenth day after the holder of any license issued under the provisions of Article 2B has vacated or been evicted from the premises of which the license was issued, the license shall expire unless an application for approval of a transfer to another location or assignment to another person pursuant to Section 10-503 of Article 2B or an application pursuant to Section 10-506 of Article 2B has been approved or is then pending. However, the official authorized to issue license, in his/her discretion, may postpone the expiration for an additional period not exceeding 20 days in any case to avoid undue hardship. B. This Rule does not apply to the holder of any license whose premises have been acquired for public use. C. The license for a premises acquired for public use shall expire within 180 days of acquisition unless an application for approval of a transfer of the license to another location or assignment to another person pursuant to Section I 0-503 of Article 2B or an application pursuant to Section I 0-506 of Article 2B has been approved or is then pending. RULEN0.30 INSPECTIONS All license holders, their agents and employees, must cooperate with representatives of the Board of License Commissioners, members of the Police Department, Fire Authorities, Health Department, Department of Licenses and Permits, Grand Jury, and representatives of other authorized agencies whenever any of these persons are on the licensed premises on official business and shall comply with any reasonable order of such authorities or other public authority designated to promote the health, safety and general welfare of the public at large. RULEN0.31 LICENSEE'S RESPONSIBILITY The licensee shall be personally responsible for the operation of the licensed premises and shall be responsible for violations committed not only be him/her but also by his/her agents, employees and operators. ., RULEN0.32 SUSPENSIONS, REVOCATIONS, FINES A. The Board of License Commissioners may revoke, suspend and/or impose a fine 27 in lieu thereof, on any license issued under the provisions of Article 2B of the Annotated Code of Maryland for a period of time or amount up to $4,000.00 per · offense to be detennined by the Board for finding in violation of the provisions of Article 2B and/or these Rules concerning an illegal sale of alcoholic beverages on ·Sunday by the licensees or for two or more findings in violation by the Board of License Commissioners or conviction by a court oflaw for a violation of Article 2B and/or the Rules of an illegal sale of alcoholic beverages on Sunday. B. The Board may suspend or revoke and impose a fine, on any license for any conviction of the licensee of a violation in or on the licensed premises of any of the laws of the State of Maryland concerning gambling or gaming or for any two convictions of one or more of the agents or employees of a licensee under the provisions of Article 2B and these Rules concerning gambling or gaming. The word "conviction" as used in this Rule shall be construed to include a verdict or plea of nolo contendere, or the forfeiture of a bond or collateral accepted on any charge, summons, warrant or indictment which may be pending, two or more findings in violation by the Board of License Commissioners against the same premises occurring on the same day shall be deemed and considered as one offense. C. The Board may fine and suspend or revoke any license issued under the provisions of Article 2B or the Annotated Code of Maryland for the following ·• causes: . , 1. The licensee or his/her agents or employees having been found in violation of any provision of Article 2B or the local Rules or having been convicted in a court of law for the violations of any of the provisions or Article 2B or the local Rules. · 2. Failure or refusal of any licensee to comply with any of the provisions of Article 2B or any Rule that has been adopted by the Board of License Commissioners. 3. The making of any material false statement in any application for new, transfer or renewal of a license. 4. The possession upon the premises of any retail dealer of any alcoholic beverages upon which the tax imposed by Article 2B has not been paid unless allowed by Article 2B. 5. Violation of the provisions of Section 12-104 of Article 2B pertaining to manufacturers and wholesalers having an interest in a retail license. 6, Failure of any licensee to keep records required under the provisions of ., Article 2B and these Rules or the refusal to allow inspection of such records by duly authorized persons . 28 ' ' 7. Possession of any alcoholic beverage by licensee, agent, employee, or patron of alcoholic beverages not authorized under license. 8. Suspension or revocation of a permit issued to any licensee by the Federal Alcoholic Administration or the Comptroller of the Treasury of the State of Maryland or for conviction of violating any Federal or State laws relating to alcoholic beverages. 9. Failure to furnish bond as required by Article 2B or the Annotated Code of Maryland within fifteen ( 15) days after notice from the Comptroller. 10. Closing the licensed premises for more than thirty (30) days without the Board's permission during the months of April through September of each year. The Board may allow closing of the licensed premises for a reasonable period of time upon request of the licensee. 11. Conviction of a felony by a licensee. D. The Board may fine and suspend or revoke any license issued under the provision of Article 2B for any cause which in the judgment of the Board shall be necessary to promote the peace and safety of the community in which the business is situated and this cause is defined to ., include, but not limited to: I. Any illegal sale after hours by the licensee, his/her agents or employees. . ' 2. Any illegal Sunday sale by the licensee, his/her agent or employees. 3. Any illegal sale to a minor as defined in Article 2B by the licensee, his/her agents or employees. 4. Any violation by the licensee of a reasonable order issued to tJ:ie licensee by the Board of License Commissioners, Health Department, Department of Licenses and Permits, Fire Department, Police Department, Couniy Council, County Executive, Comptroller of the Treasury or any other public authority which in the judgment of the Board was issued to promote the health, safety and general welfare of the public. 5. Any sale of alcoholic beverages to an intoxicated person or disorderly person by the licensee, his/her agents or employees. 6. The licensee, his/her agents or employees permitting continuous disturbances or disorders to occur on or about the licensed premises. • 7. Failure of the licensee, his/her agents or employees to obey any order of the Board or its authorized agents regarding keeping the premises clear of •. trash and debris . 8. Permitting juveniles on the premises during the hours prohibited by these 29 ..,. . • • Rules by the licensee, his/her agents or employees . 9. Pennitting any intoxicated or disorderly person to remain or loiter on the licensed premises by the licensee, his/her agents or employees. 10. Conviction of the licensee in a criminal court, whether the court is a court of record or not, of any offense involving moral turpitude. 11. Violation of any of the restriction or provisions of Article 2B of the Annotated Code of Maryland or the Rules, or Code of Maryland Regulations Title 3. 12. Permitting either lewdness, immoral activities, brawls, unnecessary noises, including loud and disturbing music, unlawful conduct by the licensee, his/her agents or employees, which acts constitute a public nuisance. 13. It is the responsibility of the licensee to keep and maintain his/her establishment in a clean, neat and attractive manner acceptable to the general public, and any licensed establishment shall not be a detraction for the neighborhood in which it is located. .. 14. Violation of any condition placed on licensee or licensed premises. RULEN0.33 GUIDELINE FOR GRANTING LICENSES In addition to the requirements set forth in Article 2B of the Annotated Code of Maryland, applicants for any class of alcoholic beverage license are subject to the following guidelines and that all license applicants must prove the following facts: A. That the granting of the license is necessary for the accommodation of the public. B. That the granting of the license would not adversely impact or unduly disturb the peace, safety and harmony of the neighborhood. C. That the applicants are sufficiently knowledgeable to the laws and Rules regarding the sale of alcoholic beverages. D. That the license application satisfies all the requirements of Article 2B of the Annotated Code of Maryland. Q E. That the applicants did not defraud the State by answering any questions .. contained in the license application or the stockholder affidavit in a perjurious manner. F. That there are other reasons at the discretion of the Board why the license should 30 , • ..J .. not be issued. G. That the applicants are fit and proper people to hold such a license. H. That the applicants did not refuse or deny identification or any other documentation or material necessary to verify or ensure · compliance with applicable regulations or the statute. RULEN0.34 POOL TABLES, VIDEO GAMES: CLASS B & D (ON SALE) If any licensee plans to install one or more pool tables or video games in the establishment, a written request must be submitted describing the location and number of pool tables and/or video games, and a written approval must be received. The Board may restrict the number and location of pool tables and video games. Minors shall not be permitted to play pool or video games in a licensed premise unless accompanied by a parent or guardian who is consuming food on the premises. When the parent or guardian is finished consuming food, the minor shall vacate the premises. RULEN0.35 ALCOHOLIC AWARENESS PROGRAM '., A. A holder (or an employee designated by a holder) of any class of retail alcoholic beverages license, except for a temporary license issued pursuant to Section 7-1-01 of Article 2B of the Annotated Code of Maryland, shall complete training in an alcohol awareness program which is approved and certified by the State Comptroller. The training is valid for a period of 4 years. Every 4 years the holder (or designated employee) shall complete retraining in an approved alcohol awareness program. B. The current alcohol -awareness wallet card or certificate for the designated employee shall be posted within the establishment. C. Except for a Class C license, a licensee or person in a supervisory capacity shall be certified by an approved alcohol awareness course and be on the premises during the hours in which alcohol may be sold, unless the person is required to be absent for no mo~e than 2 hours in the case of a bona fide emergency. A log book documenting the length of each temporary absence and the reason for the absence shall be kept on the premises and made available, upon request to the Alcoholic .. Beverage Inspector. . . ' V ' 31 , . ,, .. RULEN0.36 TRANSFERS A licensee must notify the Board prior to any change in the ownership of the business conducted under his/her license. Once a transfer has been approved by the Board of License Commissioners the license must be issued within 45 days after the day of approval or license will expire. An extension can be granted by the Board for good cause shown. RULEN0.37 RECORDS A. All license holders shall maintain on the licensed premises a record containing the names, addresses, phone numbers, and ages of all persons employed by them on the premises. These records shall be open for inspection by ~y duly authorized representative of the Board at all times during regular business hours of the establishment. B. All Class B license holders shall maintain records showing their rp.onthly receipts ",. from the sale of food and their monthly receipts from the sale of alcoholic beverages. These records shall be available upon request of the Board and shall be provided within two (2) business days of the request unless good cause for delay is shown. The following records must be properly dated and maintained by Class B license holders: 1. Cash register tapes 2. Cash receipts journal (sales journal) 3. Cash disbursement journal (purchase journal) 4. Customer order forms (sales checks) 5. Invoices 6. Bank statements and canceled checks 7. Copies of sales tax returns 8. Copies of amusement and admission tax returns. With the exception of item 6, all the above documents should distinguish between alcohol and food transactions. These records must be maintained for at least two (2) years and may not be discarded or destroyed after that time if the Board directs the licensee to continue maintaining these records. C. When a Class B licensee is requested by the Board to submit periodic reports •. concerning food and alcohol sales, the reports shall be submitted in a format approved by the Board. ,. 32 .. RULEN0.38 DELIVERY - OFF PREMISES SALES Except for caterers, licensees may not deliver alcoholic beverages off the licensed premises. Unless specifically authorized, all off premises sales must be in factory sealed containers only. RULEN0.39 NUDITY If any of the following activities occur on any licensed premises, the Board will fine, suspend or revoke such licenses issued to any such premises; A. The perfonnance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts by any person which are prohibited by law: B. The actual or simulated "touching, caressing or fondling of the breasts, buttocks, • r. anus or genitals"; t: C. The actual or simulated "displaying of the pubic hair, breasts, buttocks, anus, '" vulva or genitals"; · D. The pennitting by a licensee of "any person to remain in or upon the licensed premises who exposes to public view any portion of his genitals or anus; or her genitals, anus or breast". RULEN0.40 PAYMENT OF TAXES All license holilers shall make timely payment of their taxes and be current in payment of those taxes. Upon notification by the Comptroller of any taxes due and owing, or upon notification by the tax collector for Worcester County or any municipality within Worcester County, that a licensee's taxes have not been paid and are due and owing, the Board may suspend such license until such time as the taxes have been paid. In addition, failure to pay taxes timely shall constitute a violation of the rules. ·" 33 I • RULEN0.41 REMOVAL OF PARTIALLY CONSUMED WINE BOTTLES Notwithstanding any other provision of this article, a person who purchases at a licensed premises a meal and a bottle of wine, the c.ontents of which are partially consumed with the meal, may remove the bottle and its contents from the licensed premises if the license holder or an employee of the license holder inserts a cork in or places a cap on the bottle. RULEN0.42 USE OF PROMOTERS NOT PERMITTED. The use of promoters or promotion companies is strictly prohibited. The licensee is responsible for the management of the business at all times. The licensee, their agent or manager (if an approved management agreement is on file with the Board) is responsible for the operation of the licensed premises to include any entertainment provided. At no time should the operation be relinquished to a promoter or promotion company. The use of advertisements by promoters or promotion companies can be used as evidence before the Board that the licensee has relinquished control of the licensed premises. Establishments found in violation of this Rule and Regulation is subject to a fine and/or -;,,, suspension and/or revocation of the alcoholic beverage license. f -• In the event of a conflict between any rule and Article 2B, Article 2B shall control. · Article 2B contains numerous sections which impose additional requirements upon license holders. A copy of Article 2B of the Annotated Code of Maryland may be obtained from MICHIE by calling 1-800-542-0957. 34