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Session Laws, 1993
Volume 772, Page 3363   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         S.B. 668

(a) Except in Baltimore County, on the tenth day after the holder of any license
issued under [the provisions of] this article has vacated, or been evicted from the
premises for which the license was issued, the license shall expire unless an application
for approval of a transfer to another location or assignment to another person pursuant to
§ 74 of this article or an application pursuant to § 78 of this article has been approved or
is then pending. However, the [official authorized to issue licenses, in his discretion,]
STATE COMPTROLLER OR LOCAL LICENSING BOARD, AS THE CASE MAY BE, may
postpone the expiration for an additional period not exceeding 20 days in any case to
avoid undue hardship.

78.

(a) Upon the death of the holder of any license issued under [the provisions of]
this article other than Class E, Class F and Class G licenses, the license shall expire.
However, upon application to the Comptroller[, the clerk of the court or the license
issuing authority of the county] OR LOCAL LICENSING BOARD, as the case may be,
[issuing] THAT GRANTED the license, and upon the payment of a fee of one dollar
($1.00), made by the executors or administrators of the deceased licensee TO THE
COMPTROLLER OR LOCAL COLLECTING AGENT, AS THE CASE MAY BE, a certificate of
permission may be granted for the continuation of the business in the name of the
executors or administrators for the benefit of the estate of the deceased. The certificate
of permission may be granted for a period not exceeding 18 months from the date of the
granted permission, unless the license expires earlier. If the license does expire earlier,
upon application by the executor or administrator, a renewal license may be granted for
a period not exceeding 18 months after the death of the license holder. Such certificates
of permission and renewal licenses issued will be subject to the right of protest,
revocation, suspension and restriction as in other cases, upon the payment of a pro rata
license fee for such period, and during the period of such continuation the said license
and the executors or administrators of the deceased shall be subject to the provisions of
the Tax - General Article that relate to the alcoholic beverage tax and all of the
provisions of this article. The said administrator or executor to which the aforesaid
certificate of permission has been granted may assign or transfer said license for the
benefit of said estate, and upon the approval of the application for said transfer or
assignment, the said license shall be considered reinstated upon the payment of the
balance of the license fee which might be due to the expiration of the license year. If the
business of the licensee be not continued as above provided, or if the said license be not
transferred or assigned, his executors or administrators shall be authorized to apply for
and obtain any refund to which the deceased would have been entitled if his license had
been surrendered for cancellation upon the date of his death. No Class E, Class F or
Class G license shall expire or become inoperative because of the death and/or
incompetency of one or more, but less than all, of the persons to whom it is issued for a
company. If all of the persons to whom it is so issued shall die and/or become
incompetent during its term, such license shall expire ten days thereafter, but, upon
application within such ten days, accompanied by a fee payment of $1.00 by a person on
behalf of such company, the Comptroller shall issue a new license replacing, and
containing the privileges of, such license to the end of the license year.

- 3363 -

 

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Session Laws, 1993
Volume 772, Page 3363   View pdf image
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