§ 12-2202. Period for which license may be considered unexpired

MD Alcoholic B Code § 12-2202 (2019) (N/A)
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(a)    A license expires 180 days after the license holder has closed the business or stopped active alcoholic beverages business operations at the premises for which the license is held unless:

(1)    an application for approval of a transfer to another location or another person under Subtitle 17 of this title has been approved or is pending;

(2)    an application for a certificate of permission or a renewal license for continuation of business under Subtitle 23 of this title has been approved or is pending; or

(3)    a written request for a hardship extension under subsection (b) of this section is filed within the 180–day period.

(b)    (1)    The license holder or another appropriate interested party may make a written request to the Board to extend the life of the license due to hardship, including the pendency of a criminal charge filed against a transferor that directly relates to the operation of the licensed premises or a disciplinary matter before the Board concerning the transferor.

(2)    The Board may grant the extension if the Board finds after a hearing that existing hardship caused the closing or stopping of business operations.

(3)    Except as provided in paragraph (4) of this subsection, an extension may not prolong the life of the license beyond 360 days after the date of closing or stopping of alcoholic beverages business operations at the premises for which the license is held.

(4)    The Board may grant an extension under this subsection that prolongs the life of a license beyond 360 days if a transfer of the license is prohibited under § 12–1705.1 of this title.

(c)    (1)    This subsection does not apply to a license the transfer of which is prohibited under § 12–1705.1 of this title.

(2)    The period for which a license may be considered unexpired:

(i)    begins at the earlier of the closing of the business or stopping of alcoholic beverages business operations; and

(ii)    may be suspended only by filing an application or request under subsection (a) of this section.

(3)    The expiration period resumes on the last to occur of the following events:

(i)    final action of the Board granting or denying a request for a hardship extension under subsection (b) of this section;

(ii)    final action of the Board denying an application described in subsection (a)(1) or (2) of this section;

(iii)    final judgment of the reviewing court if judicial review of the Board’s action on an application or request authorized by subsection (a) or (b) of this section has been granted; or

(iv)    dismissal of a petition for judicial review of the Board’s action.

(4)    If an application or request described in subsection (a) or (b) of this section is withdrawn:

(i)    the period for automatic expiration of the license may not be suspended; and

(ii)    the application or request shall be considered as if it had not been filed.