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Session Laws, 1988
Volume 770, Page 937   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                       Ch. 6

violation of this article and shall also make immediately void
the license therefor.]

[18.

It shall be unlawful for any person to hinder or interfere
in any manner with any member or employee of the Board while
performing any duties in carrying out the intent or provisions of
this article.]

[19.

(a)  Any film duly submitted to the Board for examination
and licensing shall be reviewed and approved within five (5)
days, unless the Board shall disapprove such film under the
provisions of § 6 hereof, in which event the Board shall, within
not later than three (3) days thereafter, apply to the Circuit
Court for Baltimore City for a judicial determination as to
whether such film is obscene, or tends to debase or corrupt
morals, or incite to crime, within the meaning of § 6 hereof.
Notice of such application shall be forthwith sent by first-class
mail, postage prepaid, to the address of the person presenting
such film for licensing. The Circuit Court for Baltimore City
shall, within five (5) days after the filing of said application,
conduct a hearing, and shall in connection therewith view such
film; within (2) days after such hearing said court shall enter
its decree and order requiring that said film be approved and
licensed or be disapproved if in violation of the provisions of
said § 6 hereof. If the decree and order disapproves said film
as being in violation of the provisions of § 6 hereof, then the
person presenting such film for licensing may appeal such
determination to the Court of Special Appeals of Maryland, in
accordance with the Maryland Rules of Procedure, and said Court
shall advance such case on its hearing calendar to the earliest
practicable date; and, in reviewing the order appealed from, said
Court shall view the subject film. The burden of proving that
the film should not be approved and licensed shall rest on the
Board.

(b)  Any person who shall sell, lease, lend, exhibit or use
any film in this State without having first secured approval
thereof and a license therefor in accordance with the procedures
set forth in subsection (a) above, shall be guilty of a
misdemeanor and upon conviction summarily before a court, shall
be sentenced to pay a fine of not less than $100 nor more than
$250, or to be imprisoned for not more than 30 days, for a first
offense, and not less than $250 nor more than $500, or to be
imprisoned for not more than 30 days, for a second or subsequent
offense, or to be both fined and imprisoned in the discretion of
the court. ]

[20.

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Session Laws, 1988
Volume 770, Page 937   View pdf image
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