428                              Laws of Maryland                        Ch. 156

(2) Notwithstanding any other provisions of this article, before
the board of license commissioners shall approve any such license,
the board shall cause a notice of such application to be published
two times in two successive weeks in one newspaper of general cir-
culation in the county. The notice shall specify the name of the
applicant, the kind of license applied for, and the location of the
place proposed to be licensed, and the time and place fixed by
the board for hearing upon the application which shall be not
less than seven, nor more than thirty days after the last pub-
lication; provided, however, that the notice of application for license
by way of renewal in any calendar year shall not have to be pub-
lished if the original publication specified the number of times the
license was to be used. [This license shall not be granted to any
person more than four times in any year.]

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved April 15, 1970

CHAPTER 156
(House Bill 297)

AN ACT to repeal and re-enact, with amendments, Section 100 (c)
of Article 35 of the Annotated Code of Maryland (1969 Supple-
ment), title "Evidence," subtitle "Chemical Tests for Intoxica-
tion," amending the evidence laws of this State in order to make
certain corrections in the references thereof.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 100 (c) of Article 35 of the Annotated Code of Mary-
land (1969 Supplement), title "Evidence," subtitle "Chemical Tests
for Intoxication," be and the same is hereby repealed and re-enacted,
with amendments, to read as follows:

100.

(c) No person shall be compelled to submit himself or any part
of his body or bodily substance for the purpose of a chemical analysis
provided for in this section and evidence of chemical analysis shall
not be deemed admissible if obtained contrary to the provisions of
this section; and no inference or presumption concerning either
his guilt or innocence arises by reason of his refusal to submit as
hereinbefore set forth, nor shall the fact of his refusal so to submit
be admissible into evidence at his trial. This subsection in no way
limits the provisions of Section 92A of Article 66½ of this Code
regarding the consequences of refusal to submit to a chemical test
or tests. In any event, the defendant shall have the right to select
the type of test administered, and if facilities or equipment are not
available for such test then none shall be given, and this fact shall
not create any inference or presumption concerning either his guilt
or innocence by reason of his inability to take a test, nor shall the
fact of his inability to take such a test be admissible in evidence