62 REPORT OF THE COMPTROLLER OF THE TREASURY
who secures the proper garage license. Under the present law,
Attorney General Armstrong has ruled "that this particular class
of garages are exempt from Garage licenses," while they are con-
ducting the same identical kind of business. This bureau has been
the medium of numerous complaints from public garage owners,
and we feel that some relief should be given them which would place
the individual garage owner on a fair competitive basis with the
public garage owner.
(4) Understanding that the Court of Appeals in deciding the
"City Market Cases" last year, felt that there was no specific legis-
lation covering; the City Markets, relating to the license laws, and
inasmuch as these merchants are engaged in the same class of
business as merchants not doing business in the City Markets,
would recommend that legislation be enacted requiring all persons
doing business in any market, other than the producer, grower or
manufacturer, be compelled to secure some kind of a State license,
the cost of same to be determined by the Legislature.
(5) Numerous complaints have come to this bureau by persons
who conduct "restaurants or eating places," and who are required to
secure a "Restaurant License" for same, concerning lunches being
served at "soda fountains" in direct competition with the bona fide
restaurant keeper. I feel that some legislation should be enacted
which, would more clearly define what constitutes a restaurant,
thereby enabling an Inspector of Licenses more clearly to define
the law pertaining to this particular kind of license.
(6) I also want to make reference to the great number of persons,
firms and corporations conducting business, in this State who do
not comply with the State License Laws by securing a State License.
Under the present law, each person, firm or corporation who violates
this law can only be penalized by the courts. If there was a fixed
penalty for violations of this kind, without resorting to arrest and
court trial, it would greatly facilitate the work of this bureau.
The Legislature of 1922 passed a law creating a "State License
Inspector," to be appointed by the Comptroller. After two years
it was demonstrated that one inspector could not cover the entire
State, so the Legislature of 1924 increased the number to four.
Since that time Baltimore City and all the counties have been
visited by a License Inspector, the result of which was that the
State of Maryland derived a large amount of revenue which in the
past had been a total loss.
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