# Subtitle 41 – Licensing of Convicted Drug Offenders

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 41-1 Definitions.

Balt., Md., Code art. 15, § 41-1 (2026)

(a) The following terms have the meanings indicated unless their context clearly indicates otherwise.

(b) “City” means the Mayor and City Council of Baltimore, the body corporate as established by <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>.

(c) “Controlled dangerous substance offense” means:

  (1) an offense under <cite data-doc="Md. Code" data-path="27">Article 27, Subtitle “Health — Controlled Dangerous Substances”, of the Maryland Code</cite>; or

  (2) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of <cite data-doc="Md. Code" data-path="27">Article 27, Subtitle “Health — Controlled Dangerous Substances”, of the Maryland Code</cite> if committed in this State.

(d)

  (1) “License” means a license, permit, certification, registration, or other legal authorization issued to or granted to a person by the licensing authority and required for engaging in a business, employment, or an occupation that may endanger the life, health, or safety of the citizens of Baltimore.

  (2) “License” includes licenses for:

    (i) animated riding devices;

    (ii) child care/day nurseries;

    (iii) demolition;

    (iv) electricians;

    (v) gas fitters;

    (vi) horse drawn vehicles;

    (vii) horse driver;

    (viii) mobile riding units;

    (ix) public swimming pools;

    (x) shooting gallery; and

    (xi) tattooing.

(e) “Licensee”:

  (1) means a person to whom a license has been issued by any municipal agency of the City; and

  (2) includes any agent, officer, or employee of the licensee.

(f) “Licensing authority” means any board, commission, council, or other body of City government authorized by law to issue licenses.

(g)

*History: Ord. 90-613*

*History: Ord. 99-526*

*History: Ord. 22-125*

## § 41-2 Disclosure of conviction.

Balt., Md., Code art. 15, § 41-2 (2026)

Except as provided in this subtitle, as a condition to issuance of a license or renewal of a license, a licensing authority may require an individual or a licensee applying for a license to disclose whether the individual or licensee has ever been convicted of a controlled dangerous substance offense committed within 5 years of the date of the application for an initial license or an application for a renewal of a license.

*History: Ord. 90-613*

## § 41-3 Sanctions for nondisclosure.

Balt., Md., Code art. 15, § 41-3 (2026)

Unless an individual shows good cause for failure to disclose the information required by this subtitle, and if an individual applying for a license has been convicted of committing a controlled dangerous substance offense within 5 years of the date of the application, a licensing authority may:

(1) refuse to issue the license; or

(2) issue the license subject to any terms and conditions that the licensing authority considers appropriate under this subtitle.

*History: Ord. 90-613*

## § 41-4 Court may report conviction to City.

Balt., Md., Code art. 15, § 41-4 (2026)

When a person is convicted of a controlled dangerous substance offense, the court:

(1) may determine at the time of sentencing whether the individual holds or works under a license issued by the City; and

(2) if so, may obtain the licensing information and forward it to the City Solicitor.

*History: Ord. 90-613*

## § 41-5 Options of licensing authority.

Balt., Md., Code art. 15, § 41-5 (2026)

If a licensing authority receives notice that a licensee has been convicted of a controlled dangerous substance offense committed within 5 years of the date of an application for a renewal of a license, a licensing authority may:

(1) either:

  (i) place the licensee on probation for a reasonable period of time;

  (ii) suspend or revoke the license; or

  (iii) reprimand the licensee;

(2) assess the licensee, in accordance with the applicable regulations, all or part of the cost of any disciplinary proceedings and sanctions; or

(3) impose any other sanction or any other action authorized by law.

*History: Ord. 90-613*

## § 41-6 Probation.

Balt., Md., Code art. 15, § 41-6 (2026)

(a) If a licensee is placed on probation, the licensing authority may:

  (1) require the licensee to submit to periodic drug testing during the period of probation;

  (2) require the licensee to participate in appropriate counseling or treatment; and

  (3) impose any other reasonable term or condition of probation.

(b) If a licensee who is on probation violates any condition of probation, the licensing authority may:

  (1) revoke the probation;

  (2) suspend or revoke the licensee’s license; or

  (3) impose additional terms of probation.

*History: Ord. 90-613*

## § 41-7 Notice and hearing.

Balt., Md., Code art. 15, § 41-7 (2026)

(a) A licensing authority, before taking any action in regard to an initial license application, any application for a license renewal or against a licensee under this subtitle, shall give the individual or licensee 30 days’ notice of its intention to take action under this subtitle.

(b) The individual or the licensee may request a hearing before the licensing authority.

*History: Ord. 90-613*

## § 41-8 Factors to be considered.

Balt., Md., Code art. 15, § 41-8 (2026)

(a) In deciding whether to deny an applicant’s application for a license, or whether to impose license sanctions against a licensee and the nature of the sanctions, a licensing authority shall consider the following factors:

  (1) the relationship between the controlled dangerous substance offense and the license, including:

    (i) the licensee’s ability to perform the tasks authorized by the license; and

    (ii) whether the public will be protected if:

      (A) in the case of an applicant, the license is issued; or

      (B) in the case of a licensee, the license is not suspended or revoked;

  (2) the nature and circumstance of the controlled dangerous substance offense;

  (3) if an individual is applying for a license or license renewal, the date of the controlled dangerous substance offense; and

  (4) any other relevant information.

(b) If a license authority decides that sanctions against a licensee may be appropriate, before imposing sanctions, the licensing authority:

  (1) shall consider the impact any sanctions may have on third persons; and

  (2) may take any action to protect the rights of innocent third persons which is in the interests of justice and which is not inconsistent with the provisions of this subtitle.

(c) If a licensing authority decides to suspend or revoke a license, the licensing authority may grant the licensee a reasonable time period to complete any existing contracts.

*History: Ord. 90-613*

## § 41-9 Regulations.

Balt., Md., Code art. 15, § 41-9 (2026)

Each licensing authority may adopt regulations to carry out the provisions of this subtitle.

*History: Ord. 90-613*

## § 41-10 Judicial and appellate review.

Balt., Md., Code art. 15, § 41-10 (2026)

(a) An applicant or licensee aggrieved by a decision of a licensing authority under this subtitle  may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

(b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.

*History: Ord. 90-613*

*History: Ord. 04-672*

*History: Ord. 19-332*