2018 - Laying the Groundwork
LEGISLATIVE PRIORITY
Following the Comptroller's "Reform on Tap" initiative, relationships between the Comptroller's Office and the General Assembly had deteriorated, stalling meaningful alcohol law modernization and wedging the industry in the middle.
ACCOMPLISHMENTS
- Engaged legislators and key stakeholders behind the scenes.
- Worked to repair relationships between the brewing industry and policymakers.
- Positioned BAM for a comprehensive modernization effort during the 2019 legislative session.
2019 - Comprehensive Brewery Modernization
LEGISLATIVE PRIORITY
BAM pursued the most significant modernization of Maryland brewery law in decades, including reforms to:
- Taproom sales limits
- Brewery production limits
- Self-distribution limits
- Hours of operation
- Brewery licensing flexibility
- Franchise Law (no change since 1974)
> BREWERY MODERNIZATION ACT (HB 1010 / SB 801) - PASSED
The legislation made sweeping reforms affecting Class 5 Breweries, Class 6 Pub-Breweries, Class 7 MicroBreweries, and Class 8 Farm Breweries.
MAJOR ACCOMPLISHMENTS
Class 5 Breweries
- Increased on-premise sales limit from 2,000/3,000 barrels to 5,000 barrels annually, eliminating the buyback requirement.
- Allowed beer samples to be served to visitors without requiring tours or events.
- Authorized brewing and bottling at approved storage facilities.
- Expanded local licensing options.
- Increased self-distribution authority from 3,000 to 5,000 barrels.
Class 7 Microbreweries
- Increased on-premise sales to 5,000 barrels per location.
- Increased annual production limit from 22,500 to 45,000 barrels.
- Authorized additional licensed brewery locations throughout Maryland.
- Expanded brewing and storage flexibility.
Class 8 Farm Breweries
- Extended operating hours from 10:00 a.m.–6:00 p.m. to 10:00 a.m.–10:00 p.m.
- Authorized off-site storage and production.
- Expanded operational flexibility through storage permits.
Limited Beer Wholesaler License
- Increased production eligibility from 22,500 to 45,000 barrels.
- Increased self-distribution authority from 3,000 to 5,000 barrels.
> BEER FRANCHISE REFORM (HB 1080 / SB 704) - PASSED
Successfully modernized franchise law by (this effort was highly contentious):
- Removing good cause provision for breweries producing fewer than 20,000 barrels annually.
- Reducing termination notice from 180 days to 45 days for breweries producing fewer than 20,000 barrels annually.
- Allowing qualifying breweries greater flexibility in ending or declining to renew franchise agreements.
2020 – COVID Disruptions
LEGISLATIVE PRIORITY
BAM shifted from broad modernization to standardizing off-site event permitting for manufacturers statewide.
> MANUFACTURER'S PERMITS AND BREWERY LIMITS (SB 839)
The legislation would have:
- Created a statewide manufacturer off-site permit.
- Established brewery special event permits.
- Expanded off-premise sales authority for farm breweries.
- Clarified production and distribution limits.
Although the bill passed the Senate, the COVID-shortened legislative session prevented House consideration.
COVID INTERIM ADVOCACY
When the pandemic disrupted brewery operations, RWL immediately worked with:
- Governor Hogan's Administration
- Comptroller's Office
- Local health departments
to secure administrative relief, including:
- Expanded delivery authority
- Relaxed off-premise sales restrictions
- Alternative legal interpretations permitting greater off-premise sales
- Resolution of inconsistent local enforcement
These efforts allowed many breweries to continue operating during the pandemic and utilize new direct to consumer pathways.
2021 – Codifying COVID Reforms
> MANUFACTURER'S LICENSES & OFF-SITE PERMITS (HB 1232 / SB 821) - PASSED
BAM successfully converted temporary pandemic policies into state law.
Major reforms included:
- Manufacturer direct-to-consumer delivery using employees.
- Direct shipping through common carriers (temporary but not ultimately utilized by BAM).
- Elimination of off-premise sales caps for breweries and distilleries.
- Creation of a uniform statewide manufacturer off-site permit (codifying BAM’s 2020 legislative priority).
- Creation of brewery special event permits.
- Modernized manufacturer licensing fees.
- Technical corrections to Maryland alcohol statutes.
Although portions of the legislation included a sunset provision, this legislation became the framework for future permanent reforms.
2022 – Investing in Maryland Manufacturers
LEGISLATIVE PRIORITY
- Create a permanent statewide Maryland Alcohol Manufacturing Promotion Fund.
- Preserve pandemic-era modernization reforms.
Begin active opposition to legislation harmful to Maryland manufacturers.
> MARYLAND ALCOHOL MANUFACTURING PROMOTION ACT (HB 854 / SB 698) - PASSED
One of BAM's most significant legislative victories to date.
The legislation:
- Created the Maryland Alcohol Manufacturing Promotion Fund (MAMPF).
- Established the Advisory Commission on Maryland Alcohol Manufacturing.
- Expanded Maryland's existing wine promotion program to include breweries and distilleries.
- Secured an initial $250,000 state investment to promote Maryland-made alcohol products.
- Funded by the excise tax collected from alcohol produced and sold in state.
> COVID SUNSET EXTENSION (HB 550 / SB 476) - PASSED
The legislation:
- Extended direct shipping and delivery authority.
- Made permanent manufacturer event permits.
- Permanently preserved several modernization provisions enacted during COVID.
> AGRICULTURAL PROPERTY TAX STUDY (SB 567 / HB 1282)
Although constitutional concerns prevented immediate statutory changes, BAM successfully secured a formal state study regarding agricultural accessory use assessments.
ENVIRONMENTAL LEGISLATION
BAM actively opposed Extended Producer Responsibility (EPR) legislation while negotiating an exemption for Maryland alcohol manufacturers with annual revenues below $10 million.
Several packaging proposals ultimately failed.
2023 – Protecting Prior Successes
LEGISLATIVE PRIORITY
Rather than pursue major new initiatives, BAM focused on preserving recent reforms while continuing to oppose legislation harmful to the industry.
> OFF-SITE PERMITS (SB 448 / HB 595) - PASSED
The legislation:
- Extended manufacturer delivery authority through June 2025.
- Continued direct shipping authority.
- Delayed sunset provisions affecting brewery event sales.
PACKAGING LEGISLATION
While EPR legislation ultimately passed, RWL again worked successfully to preserve exemptions for Maryland alcohol manufacturers with less than $10 million in annual revenue within statewide producer responsibility legislation.
2024 – Permanent Direct Delivery and Off-Premise Sales Limits
LEGISLATIVE PRIORITY
Permanently codify COVID-era delivery reforms and oppose tax increases targeting Maryland manufacturers.
> DIRECT DELIVERY ACT (SB 1041 / HB 1217) - PASSED
One of BAM's most significant legislative accomplishments.
The legislation:
- Permanently authorized direct-to-consumer delivery.
- Authorized manufacturer employee delivery.
- Repealed brewery and distillery off-premise sales caps.
- Established statewide permitting requirements.
INDUSTRY PROTECTION
On behalf of BAM, RWL successfully defeated legislation that would have:
- Increased Maryland's alcohol sales tax.
- Authorized local admissions taxes on food and beverages.
- Imposed new recycled-content packaging mandates.
TOURISM
Supported passage of legislation modernizing Maryland's Tourist Area and Corridor Signage Program.
2025 – Building Political Capital
LEGISLATIVE PRIORITY
- Build relationships with retailers and wholesalers.
- Oppose chain-store expansion.
- This effort was raised at several meetings prior to session once Governor Moore announced his public support for chain store legislation. Retailers asked for our alignment to oppose the legislative effort. BAM made the calculated decision to stand with their retail partners in their time of need while also beginning the process of determining what it could get during negotiations should chain store legislation move forward.
- Continue defeating legislation harmful to Maryland manufacturers.
LEGISLATIVE RESULTS
Successfully opposed:
- Chain-store alcohol licensing legislation.
- Expanded admissions and amusement taxes.
- Postconsumer recycled content mandates.
- Beverage container deposit legislation.
All major proposals opposed by BAM failed to pass.
2026 – Continuing Industry Modernization
LEGISLATIVE PRIORITY
- Supplement Maryland Alcohol Manufacturing Promotion Fund (due to Department of Commerce error and subsequent unexpected shortfall)
- Create a new Class L Manufacturer License.
- Continue opposing chain-store legislation.
- Defeat legislation harmful to Maryland manufacturers.
> CLASS L LICENSE (HB 1552 / SB 958)
The proposal would have allowed Maryland manufacturers to sell products made by other Maryland manufacturers regardless of alcohol type.
Although withdrawn after constitutional concerns were raised, MSLBA committed (on the record) to pursuing a solution during the 2027 legislative session.
INDUSTRY PROTECTION
On behalf of BAM, RWL successfully supported:
- An additional $400K allocation to the MAMPF
- Industry commitment to a Class L license in 2027
- A joint study conducted by the Department of Agriculture and the Department of Commerce into the economic impact of value add agriculture and potential tax credit for utilizing Maryland grown products in alcohol produced by in-state manufacturers.
- Municipal property tax exemption for alcohol manufacturing equipment in Prince George’s County.
On behalf of BAM, RWL successfully opposed:
- Chain-store alcohol legislation.
- Beverage container deposit legislation.
- Plastic-ring packaging mandates.
> STORMWATER MANAGEMENT FOR AGRITOURISM (HB 1071 / SB 861) - PASSED
Successfully supported legislation requiring the development of practical statewide stormwater management standards for agritourism operations.