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Session Laws, 1941
Volume 582, Page 315   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 315

or complaint of violation, the protestants, if any, and the
licensee shall be notified by registered mail (return receipt
requested) to appear in person before the Board at the time of
hearing, which time of hearing shall be not less than five (5)
days nor more than fifteen (15) days after the filing in the
office of the Board of County Commissioners of such protest
or complaint of violation, and at said hearing any person
interested on either side of the question shall be heard. If the
Board of County Commissioners shall determine from the
evidence that the licensee is not a fit person to have such a
license; or has made a material false statement in his applica-
tion for the license or has practiced fraud in the application;
or that the operation of the business for which the license is
granted unduly disturbs the safety and peace of the neighbor-
hood in which the place of business is located, then the license
shall be revoked, or suspended for not less than one week,
whichever the Board of County Commissioners may deem
proper under the circumstances. In the event said license is
revoked, the unearned portion of the fee paid for the license
shall be refunded, and in the event the license is suspended for
one month or more, the licensee shall be entitled to a pro rata
refund of the period of suspension. In the event any license
is revoked under any of the provisions of this sub-title, no
license shall be issued either to the person to whom, or for the
place for which said revoked license had been issued, for the
period of six months. If the evidence does not support the pro-
test or complaint of violation, then the proceedings shall be
dismissed. The Board of County Commissioners shall cause
its decision on all protests or complaints of violation to be
entered by written order within five (5) days after hearing
such protest or complaint of violation. No order of the Board
of County Commissioners revoking or suspending a license
shall be effective until immediately after the expiration of the
time for filing an appeal to the Circuit Court for Howard Coun-
ty as hereinafter provided; and if an appeal be filed then the
order of the Board of County Commissioners shall be sus-
pended pending the determination of the appeal. Each mem-
ber of the Board of County Commissioners, for his services
rendered in hearing such protests or complaint of violation,
shall be paid Ten Dollars ($10. 00) a day for each day's
attendance, but not more than One Hundred and Fifty Dollars
($150. 00) per year to each member of said Board for such
services; such amounts to be paid by the County Treasurer
on order of the Board of County Commissioners out of receipts
from liquor license fees.

212C. Any order of the Board of County Commissioners shall
be subject to appeal to the Circuit Court for Howard County by

 

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Session Laws, 1941
Volume 582, Page 315   View pdf image (33K)   << PREVIOUS  NEXT >>


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