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Maryland Code, Alcoholic Beverages and Cannabis § 36-411

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) A protest against a license renewal may be filed with the Administration by at least 10 individuals who are:

(i) residents, commercial tenants who are not holders of or applicants for a license, or real estate owners; and

(ii) located within 1,000 feet of the licensed premises.

(2) A protest against a license renewal shall:

(i) be on the basis of:

1. a violation of this title;

2. a violation of civil or criminal law;

3. conduct by a licensee that creates or maintains conditions that allow other individuals to act in a manner that disturbs the public peace, including:

A. obstruction of public rights-of-way by unruly crowds;

B. assault, battery, or other disorderly conduct that disturbs the public peace;

C. vandalism; or

D. littering; or

4. any other violation established by the Administration by regulation; and

(ii) be signed under oath.

(b)(1) Except as provided under paragraph (2) of this subsection, if a protest against a license renewal is filed at least 30 days before the license expires, the Administration may not approve the renewal without holding a hearing.

(2) The Administration may approve a license renewal without a hearing if the Administration finds that the basis of the protest filed against the renewal is without any reasonable ground.

(c) In hearing and making a determination on a protest filed against a license renewal, the Administration:

(1) may consider only:

(i) issues arising out of specific complaints about the operation of the licensed premises; and

(ii) the performance of the license holder for the 4-year period immediately preceding the date of the renewal application; and

(2) may not consider zoning issues.

(d) The Administration may adopt regulations to implement this section.

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Cite this article: FindLaw.com - Maryland Code, Alcoholic Beverages and Cannabis § 36-411 - last updated January 01, 2025 | https://codes.findlaw.com/md/alcoholic-beverages-and-cannabis/md-code-al-bev-sect-36-411/

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