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1654 VETOES
House Bill No. 802—Alcoholic Beverages Licenses
AN ACT to add new Subsection 46 (d) to Article 2B of the
Annotated Code of Maryland (1957 Edition and 1967 Supplement),
title "Alcoholic Beverages," subtitle "General Provisions on Issue of
Licenses," to follow immediately after Section 46 (c) thereof, provid-
ing that a special exception permit is not required for the application
or transfer of a license when the premises are located in a com-
mercial zoning district.
May 7, 1968.
Honorable Marvin Mandel
Speaker of the House of Delegates
State House
Annapolis, Maryland
Dear Mr. Speaker:
In accordance with Section 17 of Article II of the Maryland
Constitution, I have vetoed today House Bill 802 and am returning
it to you.
This bill would remove from the laws of Anne Arundel County
the requirement that under certain conditions an alcoholic beverage
license can only be granted or transferred where a special zoning ex-
ception has been obtained. I am informed by the Attorney General
that the bill is probably unconstitutional. For the reasons given in
the attached copy of his opinion, which is to be considered a part of
this message, I am compelled to veto the measure.
Sincerely,
(s) Spiro T. Agnew,
Governor.
Letter from State Law Department on H. B. 802
April 30, 1968.
Honorable Spiro T. Agnew
Governor of the State of Maryland
State House
Annapolis, Maryland 21404
Dear Governor Agnew:
House Bill 802, which adds a new section to the Alcoholic Bev-
erages title, Article 2B, we believe to be unconstitutional.
The Bill applies to Anne Arundel County only (which is not
stated in the Bill's title), and provides that no applicant for a new
license or transfer of an existing license to sell alcoholic beverages on
any premises located within a commercial zoning district shall be
required to obtain a special exception permit from the zoning hearing
officer or Board of Appeals.
Although the Bill purports to be an alcoholic beverage measure
it, in effect, amends the zoning ordinance of Anne Arundel County.
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