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Session Laws, 1974
Volume 713, Page 2914   View pdf image
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2914                                        LAWS OF MARYLAND                     [Ch. 870

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 19(e)(4) of Article 81 - Revenue
and Taxes, of the Annotated Code of Maryland (1969
Replacement Volume and 1973 Supplement) be and it is
hereby repealed and re—enacted, with amendments, to read
as follows:

Article 81 - Revenue and Taxes

(e)(4) For the purposes of this subsection a
country club shall mean an area of land of not less than
fifty acres, on which is maintained a regular or
championship golf course of nine holes or more and a
clubhouse, and which has a dues—paying membership of not
less than one hundred persons who pay dues averaging at
least fifty dollars ($50.00) annually per member, with
the use of the club being restricted primarily to
members, their families and guests, provided that the
fact that the club facilities may be used by persons or
groups other than members or their guests does not
disqualify a club under this subsection. IN ORDER TO
QUALIFY UNDER THIS SECTION, THE CLUB SHALL SOT PRACTICE
OR ALLOW TO BE PRACTICED ANY FORM OF DISCRIMINATION IN
GRANTING MEMBERSHIP OR GUEST PRIVILEGES BASED UPON THE
RACE, COLOR, CREED, SEX, OR NATIONAL ORIGIN OF ANY PERSON
OR PERSONS. THE DETERMINATION AS TO WHETHER OR NOT ANY
CLUB PRACTICES DISCRIMINATION SHALL BE MADE BY THE OFFICE
OF THE ATTORNEY GENERAL AFTER AFFORDING A HEARING TO THE
CLUB. THE PROVISIONS OF THIS SECTION WITH RESPECT TO
DISCRIMINATION IN SEX SHALL NOT APPLY TO ANY CLUB WHOSE

FACILITIES ARE OPERATED WITH THE PRIMARY PURPOSE, AS

DETERMINED BY THE ATTORNEY GENERAL, TO SERVE OR BENEFIT

MEMBERS OF A PARTICULAR SEX, NOR TO THE CLUBS WHICH

EXCLUDE CERTAIN SEXES ONLY ON CERTAIN DAYS AND AT CERTAIN
TIMES. IF THE ATTORNEY GENERAL DETERMINES THAT A PATTERN
OF DISCRIMINATION IS EVIDENT IN ANY CLUB, HE SHALL
NEGOTIATE A CONSENT AGREEMENT WITH THAT CLUB TO CEASE
SUCH DISCRIMINATION. IF THAT CLUB BREACHES OR VIOLATES
THE CONSENT AGREEMENT OR REFUSES TO ENTER A CONSENT
AGREEMENT, THEN THE ATTORNEY GENERAL SHALL ISSUE A CEASE
AND DESIST ORDER TO THAT CLUB. IF THE CLUB BREACHES OR
VIOLATES THE TERMS OF THE CEASE AND DESIST ORDER, THE TAX
EXEMPTION, TAX CREDIT OR BENEFICIAL ASSESSMENT SHALL BE
WITHDRAWN, UNTIL SUCH TIME THAT THE ATTORNEY GENERAL
DETERMINES THAT THE CLUB IS IN COMPLIANCE WITH THIS
SUBSECTION. FURTHER, ANY CLUB WHICH FAILS TO QUALIFY AS
A COUNTRY CLUB, UNDER PARAGRAPH (4) OF THIS SUBSECTION
BECAUSE THE CLUB HAS ENGAGED IN DISCRIMINATION SHALL NOT
BE LIABLE FOR UNPAID TAXES PROVIDED FOR IN SUBPARAGRAPH
(7) OF THIS SUBSECTION. HOWEVER THE CLUB SHALL BE
ASSESSED AND TAXED WITHOUT REGARD TO THIS SUBSECTION.
THERE SHALL BE A RIGHT OF APPEAL AS PROVIDED BY SECTIONS
255 AND 256 OF ARTICLE 41 OF THIS CODE (TITLE

 

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Session Laws, 1974
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