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Session Laws, 1956
Volume 621, Page 234   View pdf image (33K)
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234                              Laws of Maryland                        [Ch. 90

to the provisions of this paragraph shall not take effect for at least
five (5) business days following notice to the licensee of the order of
such suspension or revocation. No person whose special cigarette
license has been revoked shall be eligible to reapply until after the
expiration of one year from the date of revocation, and his re-
application shall be granted only if it satisfactorily appears to the
Comptroller that the applicant will comply with the Unfair Cigarette
Sales Act and Section 61C of this Article and the Comptroller's rules
and regulations thereunder.

(b)  No disciplinary action with respect to any cigarette license
shall be barred or abated by the expiration, transfer, continuance,
renewal or extension of such license.

(c)  No person whose special cigarette license has been suspended
or revoked shall, during the period of such suspension or revocation,
sell cigarettes or shall permit them to be sold on premises occupied
by him.

61G. (Transfer and Surrender of Licenses; Proration of Fees).
The special retailer's cigarette license shall not be assignable or
transferable, but where the business, either retail or wholesale, or
both, of any licensee devolves by operation of law, as in case of
death, bankruptcy, receivership or incompetency, the Comptroller
shall extend the license to the legal successor of the licensee without
charge. A wholesaler's special cigarette license shall be assignable
to any purchaser of the licensee's cigarette business upon payment
of a fee of $10.00. Upon voluntary surrender of a wholesaler's special
cigarette license by a licensee against whom no disciplinary proceed-
ings are pending, a prorata amount of the license fee based upon
the unexpired term of the license shall be refunded. On application of
a wholesaler for a special cigarette license for any part of a year,
the fee shall be prorated to the nearest month. There shall be no
refunds or proration with respect to retailer's special cigarette
licenses.

61H. (Judicial Review). Any person aggrieved by any order of
the Comptroller suspending, revoking, or refusing a special cigarette
license may appeal to the Baltimore City Court or the Circuit Court
of the county where he resides or has his principal place of business.
Such appeal must be taken within 30 days from the date of the order
appealed from. In case of suspension or revocation, the reviewing
court, upon application of the appellant, shall have power to stay the
action of the Comptroller. The appeal shall be tried on the record
made before the Comptroller, with the right reserved to either party
to offer additional evidence, if desired, and the court shall determine
the issue de novo, after considering the applicable provisions of the
law and all of the evidence before it. The decision of the reviewing
court may be appealed to the Court of Appeals of Maryland, in like
manner as appeals generally in civil cases.

61-1. (Penalties). Any person who engages in any business or
activity for which a special cigarette license is required by Sections
61A and 6IB of this Article without first having obtained such
license or who, having had such license, continues to engage in or
conduct such business after such license is revoked or during the
period for which such license is suspended, shall be guilty of a


 

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Session Laws, 1956
Volume 621, Page 234   View pdf image (33K)
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