Md. Code, Alcoholic Beverages and Cannabis § 36-411
This is the official text of Md. Code, Alcoholic Beverages and Cannabis § 36-411, part of Maryland’s Code, Alcoholic Beverages and Cannabis — regulates the sale and licensing of alcohol and cannabis.
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§36–411.
Official statutory text
(a) (1) A protest against a license renewal may be filed with the Administration by at least 10 individuals who are:
(i) residents, commercial tenants who are not holders of or applicants for a license, or real estate owners; and
(ii) located within 1,000 feet of the licensed premises.
(2) A protest against a license renewal shall:
(i) be on the basis of:
1. a violation of this title;
2. a violation of civil or criminal law;
3. conduct by a licensee that creates or maintains conditions that allow other individuals to act in a manner that disturbs the public peace, including:
A. obstruction of public rights–of–way by unruly crowds;
B. assault, battery, or other disorderly conduct that disturbs the public peace;
C. vandalism; or
D. littering; or
4. any other violation established by the Administration by regulation; and
(ii) be signed under oath.
(b) (1) Except as provided under paragraph (2) of this subsection, if a protest against a license renewal is filed at least 30 days before the license expires, the Administration may not approve the renewal without holding a hearing.
(2) The Administration may approve a license renewal without a hearing if the Administration finds that the basis of the protest filed against the renewal is without any reasonable ground.
(c) In hearing and making a determination on a protest filed against a license renewal, the Administration:
(1) may consider only:
(i) issues arising out of specific complaints about the operation of the licensed premises; and
(ii) the performance of the license holder for the 4–year period immediately preceding the date of the renewal application; and
(2) may not consider zoning issues.
(d) The Administration may adopt regulations to implement this section.
(i) residents, commercial tenants who are not holders of or applicants for a license, or real estate owners; and
(ii) located within 1,000 feet of the licensed premises.
(2) A protest against a license renewal shall:
(i) be on the basis of:
1. a violation of this title;
2. a violation of civil or criminal law;
3. conduct by a licensee that creates or maintains conditions that allow other individuals to act in a manner that disturbs the public peace, including:
A. obstruction of public rights–of–way by unruly crowds;
B. assault, battery, or other disorderly conduct that disturbs the public peace;
C. vandalism; or
D. littering; or
4. any other violation established by the Administration by regulation; and
(ii) be signed under oath.
(b) (1) Except as provided under paragraph (2) of this subsection, if a protest against a license renewal is filed at least 30 days before the license expires, the Administration may not approve the renewal without holding a hearing.
(2) The Administration may approve a license renewal without a hearing if the Administration finds that the basis of the protest filed against the renewal is without any reasonable ground.
(c) In hearing and making a determination on a protest filed against a license renewal, the Administration:
(1) may consider only:
(i) issues arising out of specific complaints about the operation of the licensed premises; and
(ii) the performance of the license holder for the 4–year period immediately preceding the date of the renewal application; and
(2) may not consider zoning issues.
(d) The Administration may adopt regulations to implement this section.
Status: in_force · Read it on the official government site
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