Ch. 2

LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language that, in part,
repeats the provisions of the first sentence of
present Art. 2B, § 3(f)(3) and, in part, is derived
without substantive change from former Art. 56, §
138(e), and former Art. 81, § 462(b), as it related to
a request for return of property.

Defined terms: "Comptroller" § 1-101
"Conveyance" § 13-834 "Person" § 1-101
"Property" § 1-101

13-838. LIEN HOLDER FORFEITURE PROCEDURES FOR SEIZED ALCOHOLIC
BEVERAGES.

(A)  IN GENERAL.

A PERSON FORFEITS ANY INTEREST, RIGHT, OR TITLE TO PROPERTY
THAT IS SEIZED FOR VIOLATION OF THE ALCOHOLIC BEVERAGE TAX LAWS
IF THE PERSON:

(1)  FAILS TO FILE A CLAIM FOR RETURN OF THE SEIZED
PROPERTY WITHIN THE TIME ALLOWED UNDER § 13-837 OF THIS SUBTITLE;
OR

(2)  IS ADJUDGED GUILTY OF VIOLATING THE ALCOHOLIC
BEVERAGE TAX LAWS.

(B)  COURT DETERMINATION ON FORFEITURE.

(1)  THE CIRCUIT COURT FOR THE COUNTY IN WHICH
PROPERTY IS SEIZED SHALL PROCEED IN REM TO HEAR AND DETERMINE THE
QUESTION OF FORFEITURE OF PROPERTY SEIZED FOR VIOLATION OF THE
ALCOHOLIC BEVERAGE TAX LAW.

(2)  IF THE CIRCUIT COURT FINDS THAT THE LIEN HOLDER
HAD KNOWLEDGE OF THE INTENDED UNLAWFUL USE OF THE PROPERTY, THE
INTEREST, RIGHT, AND TITLE OF A LIEN HOLDER SHALL BE FORFEITED.

(3)  ABSENT A FINDING UNDER PARAGRAPH (2) OF THIS
SUBSECTION, THE COMPTROLLER IN THE BEST INTEREST OF THE STATE
MAY:

(I)  PAY THE OUTSTANDING INDEBTEDNESS SECURED BY
THE LAWFUL LIEN AND KEEP THE PROPERTY; OR

(II)  DELIVER THE PROPERTY TO THE LIEN HOLDER.

REVISOR'S NOTE: This section is new language added to
incorporate the substance of present Art. 2B, §
3(f)(1), (3), and (4).

It is revised to apply to contraband cigarettes as
well as contraband alcoholic beverages to clarify that
the procedure applies to any seized property.

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