WILLIAM DONALD SCHAEFER, Governor                         S.B. 668

(c)      Upon the filing of an appeal, the local LICENSING board may stay its order
until the final determination thereof.

(d)      [(1) In the counties listed in this subsection, the] THE clerk of the CIRCUIT
court FOR CARROLL. CHARLES, HOWARD, OR PRINCE GEORGE'S COUNTY, before
docketing an appeal shall first collect, from the person or persons so appealing, all court
costs and a statement from the clerk [to] OF the board of license commissioners that the
costs for getting records and transcripts of proceedings of the hearing before the board
have been paid. Costs may not be assessed against the board of license commissioners.

[(2) Carroll County.

(3)     Charles County.

(4)     Howard County.

(5)     Prince George's County.]

(e)     (1) (i) Upon the hearing of such appeal, the action of the local
LICENSING 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 LICENSING 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 LOCAL
LICENSING 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.

(2)     In such actions of appeal the local LICENSING board [or the local
licensing official] involved may be represented by some qualified attorney designated for
such service by [said] THE board [or official].

(3)     Unless extended by the court for good cause, the local LICENSING
board's decision made under subsection (a) of this section shall be affirmed, modified, or
reversed by the court within 90 days after the record has been filed in the court by the
local LICENSING board.

(4)     (i) If the court reverses the action of the local LICENSING board it
shall file with the papers a written statement of the reasons. The court may modify, as
well as affirm or reverse, the action of the local LICENSING board. Costs shall be awarded
as in other civil cases.

(ii) In addition to the other powers of the court provided in this
article, the court may remand the proceedings to the local LICENSING board in the
following counties:

1. Carroll County;

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