Maryland Alcoholic Beverages Section 16-101

      (a)      The decision of a local licensing board, in approving, suspending, revoking and restricting, or refusing to approve, suspend, revoke or restrict a license, or a licensee, shall be subject to appeal in the manner provided in this section.

      (b)      (1)      Subject to paragraph (2) of this subsection, the following persons may appeal a decision of a local licensing board to the circuit court of the county upon payment of all costs incident to the hearing before the local licensing board:

                  (i)      Any alcoholic beverages licensee that holds a license issued by the local licensing board;

                  (ii)      An applicant for an alcoholic beverages license that is the subject of the decision by the local licensing board; and

                  (iii)      Any group of not less than 10 persons who are residents or real estate owners in the precinct or voting district in which the licensed place of business is located or proposed to be located.

            (2)      A licensee, license applicant, or group that appeals a decision of a local licensing board under paragraph (1) of this subsection, must be aggrieved by the decision of the board and must have appeared at the hearing of the board either in person, by a representative, or by the submission of a written document that was introduced at the hearing.

            (3)      In Prince George's County, the governing body of the municipality in which the licensed place of business is located or proposed to be located may appeal therefrom to the circuit court of the county upon payment of all costs incident to the hearing before the Board of License Commissioners.

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

      (d)      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 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.

      (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.

                  (ii)      In Prince George's County notwithstanding any other provision of this article, but in addition thereto, if, before the date set for hearing, written application by petition to show cause is made to the court for leave to present additional evidence on the issues in the case, either by the party appealing or any party in interest properly before the court, and it is shown to the satisfaction of the court after a hearing thereon that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Board of License Commissioners, the court shall order that the additional evidence be taken before the Board of License Commissioners upon such conditions as the court deems proper; and the case shall forthwith be remanded to the Board of License Commissioners for the taking of such additional testimony. In cases in which the additional evidence is taken before the Board of License Commissioners, the said Board of License Commissioners may modify or reverse its previous findings and decision by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence together with any modifications or new findings or decision, and the court may reverse or modify the decision (or modified decision) of the Board of License Commissioners or remand the proceedings to the Board of License Commissioners if the court should determine that the substantial rights of any party appealing, whether petitioners for a license or objectors to the issuance of a license or any licensee appealing from the decision of the Board, may have been prejudiced.

            (2)      In such actions of appeal the local licensing board involved may be represented by some qualified attorney designated for such service by the board.

            (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 jurisdictions:

                        1.      Baltimore City;

                        2.      Carroll County;

                        3.      Charles County;

                        4.      Frederick County;

                        5.      Harford County;

                        6.      Howard County;

                        7.      Montgomery County;

                        8.      Prince George's County; and

                        9.      St. Mary's County.

      (f)      (1)      Notwithstanding any other provision of law, any party of record to an appeal of a decision of a local licensing board to the circuit court may appeal the decision of the circuit court:

                  (i)      To the Court of Special Appeals; or

                  (ii)      By certiorari, to the Court of Appeals.

            (2)      The Court of Special Appeals or the Court of Appeals may not stay a local licensing board's decision to impose sanctions on a licensee if:

                  (i)      An appeal of a decision of a circuit court is made under this section; and

                  (ii)      The decision being appealed affirmed the decision of the local licensing board.