Md. Code, Alcoholic Beverages and Cannabis § 4-905
This is the official text of Md. Code, Alcoholic Beverages and Cannabis § 4-905, part of Maryland’s Code, Alcoholic Beverages and Cannabis — regulates the sale and licensing of alcohol and cannabis.
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§4–905.
Official statutory text
(a) On the hearing of a petition under this subtitle, the court shall presume that the action of the local licensing board was proper and best served the public interest.
(b) A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:
(1) against the public interest; and
(2) (i) not honestly and fairly arrived at;
(ii) arbitrary;
(iii) procured by fraud;
(iv) unsupported by substantial evidence;
(v) unreasonable;
(vi) beyond the powers of the board; or
(vii) illegal.
(c) A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.
(d) The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:
(1) it is impracticable to determine the question presented to the court without the hearing of additional evidence;
(2) a qualified litigant has been deprived of the opportunity to offer evidence; or
(3) the interests of justice require that further evidence should be taken.
(b) A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:
(1) against the public interest; and
(2) (i) not honestly and fairly arrived at;
(ii) arbitrary;
(iii) procured by fraud;
(iv) unsupported by substantial evidence;
(v) unreasonable;
(vi) beyond the powers of the board; or
(vii) illegal.
(c) A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.
(d) The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:
(1) it is impracticable to determine the question presented to the court without the hearing of additional evidence;
(2) a qualified litigant has been deprived of the opportunity to offer evidence; or
(3) the interests of justice require that further evidence should be taken.
Status: in_force · Read it on the official government site
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