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Session Laws, 1943
Volume 584, Page 1396   View pdf image (33K)
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1396 LAWS OF MARYLAND. [CH. 791

to Harford County, and a County Agency to administer the
provisions of Sections 407 to 430 inclusive of Article 13
of the Code of Public Local Laws of Maryland, title "Har-
ford County", sub-title "Liquors and Intoxicating Drinks",
and as such is clothed with discretionary powers, in grant-
ing, refusing, revoking or suspending licenses for the sale
of alcoholic beverages, within the limits prescribed under
the last mentioned sub-title, and its decisions, under the
provisions of said sub-title, are legally presumed to best
serve the public interest and shall be conclusive and not
reviewable by a Court of Law or Equity, except in the event
its discretion therein is not honestly and fairly exercised.

425-E. Any applicant for, or holder of a license under
the provisions of this sub-title who shall feel aggrieved
at the refusal, revocation or suspension of a license by said
Board, as heretofore set forth, shall have the right of an
appeal to the Circuit Court for Harford County within the
limitations prescribed in the last preceding paragraph.
• Said appear shall be begun by the filing of a petition in
said Court setting forth the facts, together with the action
taken by said Board, and praying for a hearing before
said Court or before said Court and Jury, as the petitioner
shall elect in said petition. Copy of said petition shall be
served upon said Board, which service and the date thereof
shall be noted on the original petition. After service upon
said Board, or one of its members, the Board shall have the
right to file an answer to said petition within ten days
after the date of service and said Board may also elect
to have said case tried before the Court and Jury. After
the filing of said answer either party may move to have
the case promptly disposed of. Upon said trial or hearing
the action of the Board must be presumed by the Court
to have been proper and the burden shall be upon the peti-
tioner to prove that the decision of the said Board was
against public interest and that its discretion in rendering
said decision was not honestly and fairly exercised.

425-F. In the case of an appeal where the license has
been suspended or revoked by the Board, the applicant or
licensee shall not be permitted to operate pending the ap-
peal, unless the Court, after a hearing, shall stay the action
of the Board, pending the final determination of the appeal.

SEC. 3. And be it further enacted, That this Act shall
take effect June 1, 1943.

Approved May 6, 1943.

 

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Session Laws, 1943
Volume 584, Page 1396   View pdf image (33K)
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