No business in a Residential Zoning District, Office-Residential Zoning District, or C-1, C-1-E, C-1-VC, C-2, or C-3 Commercial Zoning District may be open to the public at any time between the hours of midnight and 5 a.m. without having first obtained a late-night operations license under this subtitle. Ord. 12-011 Ord. 16-496 Ord. 16-581

The Department may issue a late-night operations license for a business to operate a late-night delivery-only service, conditioned upon all indoor sales and dining areas being closed to the public during late-night hours. Ord. 19-259

Every application for an initial or renewal license must be in the form and contain the information that the Department requires. Any person that owns or is the franchisor of 2 or more businesses subject to this subtitle may: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. Ord. 12-011 Ord. 15-336

On filing an application for an initial license, the applicant must, in accordance with the Department’s rules and regulations: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: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 lack or inadequacy of an indoor and outdoor security plan; and the inability or unwillingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare The notice of a denial must:state the reasons for the denial; and notify the applicant of the applicant’s right to appeal to the Director. 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:deny the application; and within 7 days after the last day of the 15-day posting period, notify the applicant of the denial and of the applicant’s right to appeal to the Director. Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. Ord. 12-011 Ord. 15-336

Within 30 days after the timely filing of an appeal, the Director must notify the applicant in writing of his or her decision:to affirm the denial of the license; or to direct the Department to grant the license. In reviewing an application, the Director must consider: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. Ord. 12-011 Ord. 15-336

Each late-night operations license expires annually on the anniversary of its issuance and is renewable as provided in this section. To renew a license, the licensee must: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. On filing the renewal application and payment of the renewal fee, the Department may approve the application, except as provided in subsection (d) of this section. 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:deny the application; and within 7 days after the last day of the 15-day posting period, notify the applicant of the denial and of the applicant’s right to appeal to the Director. 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>. Ord. 12-011 Ord. 15-336

The annual license fee is $460 per business, subject to adjustment in accordance with the City Fee Policy. Ord. 12-011

If a license or renewal license is denied under this subtitle, the applicant may not reapply for at least 12 months from the date of the final decision of the Department or, if judicial review of that decision was obtained, from the date of the final court decision. Ord. 12-011 Ord. 15-336