3718

LAWS OF MARYLAND

Ch. 692

FOR the purpose of repealing certain provisions providing
that certain decisions of the Prince George's County
Board of License Commissioners may be modified based on
certain prejudicial evidence or findings of the court;
and generally relating to appeals from and decisions of
the Prince George's County Board of License
Commissioners.

BY repealing and reenacting, with amendments,

Article 2B - Alcoholic Beverages

Section 175(e)(1)

Annotated Code of Maryland

(1981 Replacement Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article 2B - Alcoholic Beverages

175.

(e) (1) (i) Upon the hearing of such appeal, the
action of the local board shall be presumed by the court to
be proper and to best serve the public interest. The burden
of proof shall be upon the petitioner to show that the
decision complained of was against the public interest and
that the local board's discretion in rendering its decision
was not honestly and fairly exercised, or that such decision
was arbitrary, or procured by fraud, or unsupported by any
substantial evidence, or was unreasonable, or that such
decision was beyond the powers of the board, and was
illegal. The case shall be heard by the court without the
intervention of a jury. If in the opinion of the court it
is impracticable to determine the question presented to the
court, in the case on appeal, without the hearing of
additional evidence, or if in the opinion of the court any
qualified litigant has been deprived of the opportunity to
offer evidence, or if the interests of justice otherwise
require that further evidence should be taken, the court may
hear such additional testimony to such extent and in such
manner as may be necessary.

(ii) In Prince George's County
notwithstanding any other provision of this article, but in
addition thereto, if, before the date set for hearing,
written application by petition to show cause is made to the
court for leave to present additional evidence on the issues
in the case, either by the party appealing or any party in
interest properly before the court, and it is shown to the
satisfaction of the court after a hearing thereon that the
additional evidence is material and that there were good
reasons for failure to present it in the proceeding before