Maryland Alcoholic Beverages Section 10-302

Article - Alcoholic Beverages

§ 10-302.

      (a)      (1)      In Prince George's County, before a Class A, B, C, or D alcoholic beverages license expires, the holder may renew it for an additional term.

            (2)      The renewal dates and license expiration dates are as follows:

License Class            Renewal Application Filed By            License Expiration Date

A                  March 1                  April 30

B                  April 1                  May 31

C and D                  May 1                  June 30

            (3)      If the holder of an expiring license, other than a special license, decides to renew the license with the Board of License Commissioners, the holder shall, on or before the renewal application deadline date provided in this subsection, file a written application, duly verified under oath, together with the license fee for the renewal of that license.

      (b)      (1)      The renewal application shall state that the facts in the original application are unchanged.

            (2)      The renewal application shall be accompanied by a signed statement.

                  (i)      The statement shall be signed by the owner of the premises containing the business that is subject to the license renewal.

                  (ii)      The owner shall consent:

                        1.      To renewal of the license; and

                        2.      To search and seizure as in the case of the original application.

            (3)      A signed consent statement provided for in this subsection is not required:

                  (i)      If a signed statement has been previously filed with the original application or a renewal application and the owner's consent is valid for the term of the lease between the owner and the applicant and the lease does not expire prior to expiration of the license renewal term; or

                  (ii)      If the renewal applicant has a lease for the entire building in which the business is conducted and the lease is not less than the term of the renewal license, and the owner's consent statement has been previously filed with the original application or the renewal application.

      (c)      However, the Prince George's County Board of License Commissioners shall not require an applicant to hold a lease on the premises that contain the licensed business for the full term or any portion of the license renewal period.

      (d)      (1)      If the licensing official finds that the license holder is not qualified to obtain a renewal of the expiring license, the licensing official shall not renew the expiring license but shall issue by way of renewal the class or type of license for which they find that holder qualified.

            (2)      The new license shall be issued subject to any order of restriction or suspension that the expiring license is subject to.

      (e)      A renewal of a license may or may not be granted at the discretion of the Board of License Commissioners, if the licensee or any of the stockholders of the corporation having the use of a license have been convicted of a felony. A public hearing shall be held by the Prince George's County Board of License Commissioners prior to the revocation, issuance, or transfer of that license. All relevant facts and circumstances of the offense may be inquired into at that hearing.

      (f)      (1)      Notwithstanding any other provision of this article, any corporation or club holding a Class C beer, wine and liquor license, during any license year, may substitute the name of one of its officers for the name of any other officer on the license when the deleted officer has died, retired, been removed from office, or no longer holds an office in that corporation.

            (2)      The corporation shall file an affidavit with the Board of License Commissioners showing the substitution of an officer or officers with an explanation for said substitution.

            (3)      Upon receipt of the affidavit the Board shall amend its record and issue a new license with the corrected names.

      (g)      (1)      A protest against the renewal of a license may be filed with the Prince George's County Board of License Commissioners.

            (2)      If a protest is filed, the license shall not be renewed without a hearing before the Board of License Commissioners.

            (3)      All protests shall be filed with the Board no later than March 1 of the year in which the license expires.

            (4)      The protest shall:

                  (i)      Be signed by not less than 10 residents, commercial tenants who are not holders of or applicants for any license issued under this article, or real estate owners in the immediate vicinity in which the licensed place of business is located;

                  (ii)      Be instituted by the Board of License Commissioners on its own initiative; or

                  (iii)      Be instituted by the municipality in which the licensed place of business is located subsequent to a public hearing being held by that municipality concerning the license renewal protest.

            (5)      The Board of License Commissioners shall hold a hearing on the protest as in the case of an original application.

            (6)      If an application for transfer is filed and pending with the Board of License Commissioners which meets the residency requirements provided for in § 9-101 of this article, the license shall be renewed for the 1985-1986 renewal period.



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