(a) This subsection applies to an establishment that is not licensed by the Board but that is: (1) open to the public; (2) a place of public entertainment; or (3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article. (b) Except as provided in subsection (c) of this section, an establishment that is not licensed by the Board, at a location under control or possession of the establishment, may not: (1) serve or keep alcoholic beverages; or (2) allow alcoholic beverages to be consumed. (c) A restaurant that is not licensed by the Board may allow a customer to consume alcoholic beverages from 6 a.m. to 2 a.m. the following day if: (1) the alcoholic beverages are brought to the restaurant by the customer; (2) the alcoholic beverages are consumed with a meal; (3) there is no charge for admission to the restaurant; and (4) the Baltimore City Fire Department determines that the maximum seating capacity of the restaurant is 50. (d) (1) The Baltimore City Police Department may immediately close all operations of an establishment if the Department determines that the establishment is in violation of this section and that the public health, safety, or welfare requires emergency action. (2) The establishment shall be closed until the Baltimore City Police Department determines that the public health, safety, or welfare has been restored. (3) The owner or operator of the establishment shall be given an opportunity to request a prompt hearing in circuit court on when the establishment may reopen. (e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
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