Subtitle 9 – Late-Night Commercial Operations

within the same election precinct as that in which a business is located; and

if a different precinct, within the election precinct of the block face opposing the block face in which a business is located.

a hotel or motel;

a restaurant or tavern operating during hours authorized by its alcoholic beverage license;

the sale of motor vehicle fuels;

the provision of emergency medical or veterinary care;

a video lottery facility operating during hours authorized by its State Video Lottery Operating license; or

drive-through food-service windows, if:

submit a joint application for an initial or renewal license for each of those businesses; and

remit in one lump-sum payment the aggregate fees owed for those businesses.

post the premises for 15 days; and

within 5 days of the filing, send notice of the application by email or by certified or registered mail to the City Councilmember who represents the Councilmanic District in which the business is located.

If, within the 15-day posting period, the Department receives no more than 9 written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must grant or deny the license within 15 days after the last day of the 15-day posting period.

A denial must be based solely on one or more of the following factors:

The notice of a denial must:

Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application.

If, within the 15-day posting period, the Department receives 10 or more written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must:

Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application.

to affirm the denial of the license; or

to direct the Department to grant the license.

all letters submitted in opposition to or support of the application;

any cause for denial that is specified in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§9-16">§ 9-16 {“Denial, suspension, or revocation”} of this subtitle</cite>;

the specific days and hours proposed for late-night operations;

the adequacy of an indoor and outdoor security plan, including any evaluation made by the Police Commissioner or his or her designee; and

the ability and willingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare.

apply no less than 60 days nor more than 90 days before the license expires; and

in accordance with the Department’s rules and regulations, post the premises for 15 days.

If, within the 15-day posting period, 10 or more written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must:

Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application.

The filing of an appeal to the Director does not stay the decision of the Department pending the Director’s decision.

The considerations and decision of the Director shall be as provided in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§9-9">§ 9-9 of this subtitle</cite>.

this subtitle;

a rule or regulation adopted under this subtitle; or

a condition imposed under this subtitle on the license.

Within 30 days of receiving the Department’s decision to deny, suspend, or revoke a license or to impose a civil fine, an aggrieved applicant or licensee may appeal the sanction imposed to the Finance Director for an administrative review.

The filing of an appeal to the Finance Director stays the decision of the Department pending the Director’s decision.

Within 30 days after the timely filing of an appeal, the Finance Director must notify the applicant or licensee in writing of his or her decision.

The Finance Director may affirm, reject, increase, or otherwise modify any or all of the sanctions from which the appeal was taken.

The filing of a petition for judicial review does not stay the decision of the Finance Director.

However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure.