4460

LAWS OF MARYLAND

Ch. 820

65.

No person shall engage in the business of the retail
sale of cigarettes, as defined in § 11-501 of the Commercial
Law Article of the Code, except vending machine operators,
as defined in § 11-501 of the Commercial Law Article of the
Code, without a special annual license to be issued by the
clerk of any circuit court for any county, [or by the clerk
of the Court of Common Pleas of Baltimore City,] where said
business is located, which shall be in addition to any other
license required by law. The fee for such special license
shall be $3.00 per year. The license shall expire on the
thirtieth day of April in each year. A separate license
shall be required for each place of business, temporary or
permanent. "Place of business" means any place or places
which are under one roof or in a single edifice and are
occupied and operated by the same licensee. Provided,
however, that no license shall be required for any vending
stand licensed by the Maryland Workshop for the Blind.

72.

Any person aggrieved by any order of the Comptroller
suspending, revoking, or refusing a special cigarette
license may appeal to [the Baltimore City Court or] the
circuit court of the county where he resides or has his
principal place of business. The appeal shall be tried on
the record made before the Comptroller, with the right
reserved to either party to offer additional evidence, if
desired, and the court shall determine the issue de novo,
after considering the applicable provisions of the law and
all of the evidence before it. The decision of the reviewing
court may be appealed to the court of Special Appeals.

91.

(b) Any person aggrieved by any decision of the
Superintendent, after a hearing, in refusing to issue or
renew a license, or revoking or suspending a license shall
have the right to judicial review thereof, which review
shall be without the intervention of a jury, by appeal to
the circuit courts for the [several] counties [or the
Baltimore City Court, as the case may be]. Said review shall
be had on the record and proceedings before the
Superintendent; provided that, in the discretion of the
court, any party, including the Superintendent, shall have
the right to present any new or additional evidence
pertinent to the matter. The determination of the
Superintendent shall be prima facie correct and the burden
of proof shall be on the appellant to show that the
Superintendent acted fraudulently, arbitrarily or
capriciously. The court may affirm, modify or reverse the
determination of the Superintendent, and the decision of the
court shall be final. No further appeal shall lie to the
Court of Special Appeals.