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Ch. 9 30
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3542
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LAWS OF MARYLAND
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TESTIFY AS TO WHO IS THE HOLDER OF FULL LEGAL TITLE AS
SHOWN BY THE LAND RECORDS OF BALTIMORE CITY. IN CASE OF
PROPERTY OWNED JOINTLY, IF ONE OWNER APPEARS IN PERSON AT
THE HEARING AS A PROTESTANT, THE OTHER OWNER'S PROTEST
MAY BE RECORDED BY AN AFFIDAVIT. THE BOARD SHALL SUPPLY
A FORM OF ACCEPTABLE AFFIDAVIT UPON REQUEST TO ANY PERSON
REPRESENTING HIMSELF TO BE A PROTESTANT.
SECTION 2. AND BE IT FURTHER ENACTED, That Section
60(d) of Article 2B - Alcoholic Beverages, of the
Annotated Code of Maryland (1976 Replacement Volume and
1976 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:
Article 2B - Alcoholic Beverages
60.
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(d) In Baltimore City if it shall appear that more
than [fifty per centum] 50 PERCENT in numbers of the
owners of real or leasehold property situated within [two
hundred] 200 feet of the place of business for which
application is made are opposed to the granting of the
license, OR IF MORE THAN 50 PERCENT OF SUCH OWNERS AND
TENANTS IN COMBINATION OF REAL OR LEASEHOLD PROPERTY
LOCATED WITHIN 200 FEET OF THE PLACE OF BUSINESS FOR
WHICH AN APPLICATION FOR A LICENSE IS MADE ARE OPPOSED TO
THE GRANTING OF THE LICENSE, then the application shall
not be approved, and the license applied for shall be
refused; provided, however, that this subsection shall
not apply to any application for license by way of
renewal or by way of transfer for the same premises. FOR
THE PURPOSE OF THIS SUBSECTION "OWNERS OF REAL OR
LEASEHOLD PROPERTY" INCLUDES HOLDERS OF LEASEHOLD
IMPROVEMENTS UPON GROUND RENTS, THE CITY OF BALTIMORE AND
THE STATE OF MARYLAND BUT EXCLUDES OTHER TENANTS, THE
APPLICANT, AND THE INCLUSION MORE THAN ONCE OF ANY OWNER
WHO OWNS MORE THAN ONE PROPERTY WITHIN 200 FEET OF THE
PLACE OF BUSINESS FOR WHICH APPLICATION IS MADE. THE
OWNER OF THE SUBJECT PREMISES. FOR THE PURPOSE OF THIS
SUBSECTION, A TENANT IS A PERSON WHO RENTS A
SINGLE-FAMILY DWELLING AND IS RESIDING THERE FOR AT LEAST
ONE YEAR IMMEDIATELY PRECEDING THE HEARING OF THE BOARD.
SHOULD ANY OWNER OF THE DWELLING PARTICIPATE AS A
PROTESTANT OR PROPONENT OF THE APPLICATION, THEN THE
OWNER(S) AND THE TENANT OF THE DWELLING SHALL EACH HAVE
ONE-HALF VOTE. IN CASE OF PROPERTY RENTED JOINTLY, IF
ONE TENANT APPEARS IN PERSON AT THE HEARING AS A
PROTESTANT, THE OTHER TENANT'S PROTEST MAY BE RECORDED BY
AN AFFIDAVIT. THE CITY OF BALTIMORE AND THE STATE OF
MARYLAND EACH SHALL BE INCLUDED AS AN OWNER OF REAL OR
LEASEHOLD PROPERTY WHEN IT OWNS TITLE TO A BUILDING WHICH
IS NOT UNOCCUPIED OR SUBJECT TO DEMOLITION, AND IT MAY
PROTEST ONLY THROUGH THE DEPARTMENT HEAD OR SECRETARY OF
THE AGENCY, OR THROUGH AN AUTHORIZED REPRESENTATIVE,
WHICH CONTROLS THE USE AND OCCUPANCY OF THE BUILDING OF
THE MAYOR AND CITY COUNCIL IF THE CITY OF BALTIMORE OR
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