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Session Laws, 1947
Volume 411, Page 1891   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1891

of Maryland (1939 Edition), title "Alcoholic Beverages", sub-
title "Revocation and Suspension of Licenses", as amended
by Chapters 438 and 686 of the Acts of 1941 and Chapter
714 of the Acts of 1943, be, and the same is hereby repealed
and re-enacted, with amendments, to read as follows:

63. (Appeals.) The decision of the Boards of License
Commissioners for Baltimore and the respective counties and
of the State License Bureau in every county not having a
local Board (except in Allegany, St. Mary's and Garrett
Counties; and in Caroline County, where no appeal is pro-
vided ; and in the Counties of Wicomico and Dorchester, where
the decision of the State License Bureau shall be final), and of
the Mayor and Aldermen of the City of Annapolis, in approv-
ing, suspending, revoking or restricting, or refusing to approve,
suspend, revoke or restrict any license or licensee, shall be
subject to appeal in the following manner:

(1) (Who May Appeal.) Any licensee or applicant for a
license, or any group of not less than ten persons who are
residents or real estate owners in the precinct or voting
district in which the licensed place of business is located
or proposed to be located, may within ten (10) days from
the date of any final decision of a local Board, appeal there-
from to the Circuit Court of the county, or in the City to
the Baltimore City Court, upon payment of all costs inci-
dent to the hearing before the local Board or local licensing
official.

(2) (Proceedings on Appeal.) An appeal may be com-
menced by docketing in the appropriate Court, a petition
stating that the petitioner is aggrieved by the action of the
local Board, and desires the Court to review the same. There-
upon, a copy of the petition shall be served upon the local
Board, and the case shall be promptly assigned for trial. The
noting of an appeal shall stay the order of the local Board
pending the determination of the appeal. Upon the filing
of such appeal, the service of a copy thereof and the pay-
ment of costs as aforesaid, all of which shall be a prerequi-
site to the hearing of the appeal, the local Board shall for-
ward to the Court within fifteen (15) days thereafter
all pertinent papers and a transcript of any testimony
which may have been taken at the Board's hearing.

(3) (Scope of Appeal.) Upon the hearing of such appeal,
the action of the local Board shall be presumed by the Court
to be proper and to best serve the public interest. The
burden of proof shall be upon the petitioner to show that the
decision complained of was against the public interest and

 

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Session Laws, 1947
Volume 411, Page 1891   View pdf image (33K)
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