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MARVIN MANDEL, Governor 2039
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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] DO
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or beneficial assessment shall be withdrawn, until [such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] IS not [be] liable for
unpaid taxes provided for in [subparagraph] PARAGRAPH (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 §§ 255 and 256 of
Article 41 [of this Code (Title "Governor-Executive and
Administrative Departments," subtitle "Administrative
Procedure Act")].
(II) IF A CLUB WHICH IS CLAIMING
PREFERENTIAL TAX TREATMENT REFUSES TO PRODUCE INFORMATION
SOUGHT BY THE OFFICE OF THE ATTORNEY GENERAL TO ASSIST IT
IN DETERMINING WHETHER OR NOT A THE CLUB PRACTICES
DISCRIMINATION, THE OFFICE OF THE ATTORNEY GENERAL MAY
APPLY TO THE BALTIMORE CITY COURT CIRCUIT COURT OF THE
COUNTY IN WHICH THE CLUB IS LOCATED FOR THE ISSUANCE OF A
SUBPOENA OR SUBPOENA DUCES TECUM REQUIRING THE PRODUCTION
OF SUCH INFORMATION. UPON A SHOWING THAT THE INFORMATION
SOUGHT MAY BE RELEVANT TO THE ISSUE OF WHETHER OR NOT A
THE CLUB PRACTICES DISCRIMINATION, THE COURT SHALL ISSUE
THE SUBPOENA OR SUBPOENA DUCES TECUM.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved May 17, 1977.
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CHAPTER 322
(Senate Bill 482)
AN ACT concerning
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