(a) There is a Class 9 limited distillery license. (b) The limited distillery license may be issued only to a holder of a: (1) Class D beer, wine, and liquor license where sales for both on- and off-premises consumption are permitted for use on the premises for which the Class D license was issued; or (2) Class B beer, wine, and liquor license where sales for both on- and off-premises consumption are permitted for use on the premises for which the Class B license was issued. (c) A holder of the limited distillery license: (1) may establish and operate a plant in the State for distilling, rectifying, and bottling brandy, rum, whiskey, alcohol, and neutral spirits if the holder: (i) maintains only one brand at any one time for each product of brandy, rum, whiskey, alcohol, and neutral spirits that is distilled, rectified, and sold; and (ii) does not manufacture or rectify product of any other brand for another entity; (2) may acquire bulk alcoholic beverages from the holder of a distillery or rectifying license in the State or from the holder of a nonresident dealer's permit; (3) after acquiring an individual storage permit, may store on the licensed premises those products manufactured under the license; (4) except as authorized under subsection (d)(1) of this section, may sell and deliver those products manufactured under the license only to a licensed wholesaler in the State or person authorized to acquire distilled spirits in another state and not to a county dispensary; (5) may sell the products manufactured under the license at retail in a manner consistent with the underlying Class D or Class B license; (6) may conduct guided tours of that portion of the licensed premises used for the limited distillery operation; and (7) may serve not more than three samples of products manufactured at the licensed premises, with each sample consisting of not more than one-half ounce from a single product, to persons who: (i) have attained the legal drinking age; (ii) participated in a guided tour; and (iii) are present on that portion of the premises used for the limited distillery operation. (d) A holder of the limited distillery license may not: (1) apply for or possess a wholesaler's license, except for a Class 8 liquor wholesaler's license; (2) sell bottles of the products manufactured at the Class 9 limited distillery on that part of the premises used for the distillery operation; (3) except as provided in subsection (e) of this section, distill, rectify, bottle, or sell more than 100,000 gallons of brandy, rum, whiskey, alcohol, and neutral spirits each calendar year; (4) sell at retail on the premises of the Class D or Class B license, for on-premises or off-premises consumption, more than 31,000 gallons of the products manufactured under the license each calendar year; and (5) own, operate, or be affiliated in any manner with another manufacturer. (e) To distill more than the gallonage specified in subsection (d)(3) of this section, a holder of the limited distillery license shall divest itself of any Class D or Class B retail license and obtain a Class 1 distillery license. (f) A holder of the limited distillery license shall abide by all trade practice restrictions applicable to distilleries. (g) The annual license fee: (1) shall be determined by the Executive Director; and (2) may not exceed $500.
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