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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 238   View pdf image (33K)
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238 ARTICLE 2B

(15) A statement duly executed and acknowledged by the owner of
the premises in which the business is to be conducted assenting to the
granting of the license applied for, and authorizing the Comptroller, his
duly authorized deputies, inspectors and clerks, the Board of License Com-
missioners of the County or City in which the place of business is located,
its duly authorized agents and employees, and any peace officer 'of such
City or County, to inspect and search, without warrant the premises upon
which the business is to be conducted, and any and all parts of the build-
ing in which said business is to be conducted, at any and all hours.

The application except when filed with the Comptroller shall be sup-
ported by a certificate signed by at least ten voters of the county or city
in which the business is to be conducted, who shall be owners of real
estate situated in said county or city, stating the voting residence and
place of business of each person, certifying and setting forth the length
of time each has been acquainted with the applicant, or in the case of a
corporation, with the individual making the application; that they have
examined the application of the applicant and that they have good reason
to believe that all of the statements contained in said application are true,
and that they are of the opinion that the applicant is a suitable person
to obtain the license applied for. This section shall not apply to applica-
tions for any Class E or Class F licenses.

Certain evidence as to lottery tickets secured in search of premises under Secs. 13 and
45 of Art. 2B admissible and not subject to suppression under Art. 35, Sec. 5. Wright v.
State, Daily Record, Dec. 5, 1939.

Consent given as required by this section is voluntary and precludes questioning
legality of search thereafter made. Zukowski v. State, 167 Md. 550.

The consent by owner under this section does not authorize inspection and search of a
part of the premises not occupied by licensee or owner, but by tenant not connected
with licensee's liquor business. Miller v. State, 174 Md. 368.

This section referred to in construing sec 54. Abramson v State, 167 Md. 534.

Cited in construing Secs 30 and 31 Liquor Stores Assn. v. Commrs., 171 Md. 432.

An. Code, 1924, sec. 5A. 1933 (Special Sess. ), ch. 2, sec. 5A.

14. (Application for License — Railroads — Steamboats — Forms —
What to Contain. ) Every application for a Class E or a Class F license
shall be upon forms prescribed by the Comptroller, sworn to by the appli-
cant, and shall contain the following information: (1) the name and ad-
dress of the applicant and how long he has resided within the State of
Maryland; (2) the particular company on behalf of which the license is
desired; (3) the class of license desired; (4) a statement that the appli-
cant is a citizen of the United States, not less than twenty-one years of
age, and that such applicant has never been convicted of a felony; (5) that
the applicant has not had a license for the sale of alcoholic beverages re-
voked; (6) a statement that the applicant will, if granted a license, con-
form to all laws and regulations relating to the business with respect to
which such license is desired; (7) and a statement by such company assent-
ing to the granting of the license applied for, and authorizing the Comp-
troller, his duly authorized deputies, inspectors and clerks, to inspect and
search, without warrant, any and all cars or boats to which such license
applies, at any and all hours; provided no such inspection or search shall
be made at such time or in such manner as to delay or interfere with the
movement of any train or boat.

1939, ch. 775, sec. 5B.

15. (Procedure in Issue of Licenses and Permits by Comptroller. )
Before the Comptroller shall approve any license or permit he shall cause


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 238   View pdf image (33K)
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