WILLIAM DONALD SCHAEFER, Governor Ch. 711

(ii) An interest shall be conclusively presumed
to exist between 2 licensees or a licensee and an applicant for a
license if any of the following conditions exist between them:

1.  A franchise agreement;

2.  A licensing agreement;

3.  A concession agreement;

4.  Where both are part of a chain of
businesses commonly owned and operated and so portrayed to the
public;

5.  Any sharing of directors or
stockholders or any sharing of directors or stockholders of
parents or subsidiaries;

6.  Common direct or indirect sharing of
profit from the sale of alcoholic beverages; or

7.  Sharing of a common trade name,
trademark, logo or theme, or mode of operation identifiable by
the public, except hotels and motels.

(iii) The board of license commissioners shall
make determinations under this subsection without regard to
whether a particular licensee or proposed licensee is or may be
an independent contractor for purposes other than the application
of this subsection.

(iv) A holder of a wholesale alcoholic
beverages license is considered a licensee for purposes of this
subsection and may not hold or have an interest, directly or
indirectly, in an alcoholic beverages license of any class that
authorizes retail sale of alcoholic beverages in Prince George's
County.

(2)  This subsection does not apply to licenses issued
under the provisions of §§ 9B 17B, 19(s)(2), 19(s)(3), 19(s)(5),
19(s)(7), 19(S)(10), or 25 of this article or to club licenses.

(3)  Notwithstanding other provisions of this
subsection or other provisions of this article, the board of
license commissioners may permit an individual, partnership, or
corporation to hold or have an interest in not more than four BH
licenses.

(4)  If the board of license commissioners determines
after a hearing that an interest exists in more than one license,
the board shall refuse to approve the issuance of a new license
or revoke an existing license, unless the license is operational
and complied with law applicable at the time of its issuance.

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