Montgomery County                               2381

panied by a receipt of the Director of Finance showing payment to the
County of a filing fee of fifty dollars, or such other amount as may be
established by regulation in writing of the County Executive, such fee to
cover the cost of advertisement in the newspaper and providing a tran-
script of the testimony at the hearing. No such fee shall be refunded.

75-33. Applicant to file certain certificates.

No license shall be issued under this Division unless the following
certificates have been filed with the Department of Inspection and Licenses;
provided, that the following certificates shall not be required for renewal
of a license unless there has been some alteration or change in the plans and
specifications after the granting of the initial license.

75-34. Hearing on application.

(b) Record; adjournments. There shall be a complete stenographic
transcript of the testimony at the hearing, and all exhibits offered will
become a part of the record. All zoning maps and any sectional or
district Zoning Plan, as well as any sectional or regional or district high-
way plan adopted by the Commission for the general area of the prop-
erty proposed to be used as an outdoor theater, shall be considered a part
of the record whether actually submitted as an exhibit at the hearing or
not. The hearing may be adjourned from time to time on a date certain
on public announcement at the hearing.

75-35. Decision on application.

An application for an outdoor theater license shall be decided on its
merits. The application shall either be approved, denied or dismissed or
allowed to be withdrawn. A decision shall be rendered within sixty days
after the hearing by the Council, unless such time is extended. The hearing
shall be conducted by the Council, or the Council may by resolution author-
ize and appoint an administrative board, Hearing Examiner, or the Board
of Appeals to conduct the hearing, and to make recommendation as to
denial or approval and conditions therefor.

75-39. Transfer.

A license issued under this division shall not be transferable without
approval of the Department of Inspection and Licenses.

Section 8. Sections 80-1, titled "Permit to establish, operate, etc.,
generally—Required," 80-2, titled "Same—Application for permit gener-
ally; information to be shown," 80-3, titled "Same—Public hearing on
application; notice," 80-7, titled "Same—Reason for refusal of permit,"
and 80-8, titled "Revocation or suspension of permit or license," of Chap-
ter 80, titled "Cemeteries and Burials," of the Montgomery County Code
1965, are hereby repealed and re-enacted, with amendments, to read as
follows:

80-1. Permit to establish, operate, etc., generally—Required.

No person shall establish, open, sell lots in or operate any cemetery,
graveyard or burial ground within the County without first obtaining a
permit therefor from the County.

80-2. Same—Application for permit generally; information to be shown.

Any person seeking to open, establish, sell lots in or operate any cem-
etery, graveyard or burial grounds within the County shall first make
application to the County for a permit to establish and operate such enter-