<?xml version='1.0' encoding='utf-8'?>
<section number="5-329" name="Enforcement" law="code" slug="sec-5-329" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5BULI_DIV23MOST_SD5EN_S5-329EN">
  <level label="a">
    <text>Any model studio license or operator or manager license granted under this Division shall be denied or revoked by the Director after notice and hearing if the licensee, or if the licensee is a partnership or association, any partner or member thereof, or if the licensee is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of its capital stock:</text>
    <level label="1">
      <text>Has been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction or suffered a forfeiture, on a charge of violating any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or</text>
    </level>
    <level label="2">
      <text>Has been convicted, or with respect to whom a court has accepted a plea of nolo contendere or has had the benefit of a disposition under Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction, or suffered a forfeiture, on a charge of violating any provision of this Division relating to model studios, or on a charge of violating a similar law in any other jurisdiction; or</text>
    </level>
    <level label="3">
      <text>Made a false statement on the application; or</text>
    </level>
    <level label="4">
      <text>Has failed to report a change in any of the information required by Section 5-317(a) or Section 5-320(a) within fourteen (14) days of learning of said change; or</text>
    </level>
    <level label="5">
      <text>Has violated any provision of Section 5-327 relating to unlawful acts, as determined by the Director, upon the evidence adduced at a hearing before the Director or his designee to consider any proposed revocation of a model studio license under this Section.</text>
    </level>
  </level>
  <level label="b">
    <text>Notice of the hearing before the Director or his designee for revocation of the license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for hearing.</text>
  </level>
  <level label="c">
    <text>If the Director finds that the model studio for which the model studio license was issued or the model studio operator or manager to whom the model studio operator or manager license was issued does not conform to the standards set forth in Subdivision 3 of this Division, or that the licensee has refused the Director or other authorized person the right to enter the premises to enforce the provisions of this Division, the Director may enter an order for the immediate suspension of the model studio license or the model studio operator or manager license until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the licensee at his place of business by certified mail, which order shall set forth the reasons for said suspension. The licensee shall be afforded an opportunity to be heard by the Director or his designee within fourteen (14) days after the suspension. Notice of the hearing shall be mailed by certified mail to the licensee's business at least ten (10) days prior to the date set for hearing. No person shall operate a model studio when subject to an order of suspension.</text>
  </level>
  <level label="d">
    <text>Any model studio license granted under this Division shall be suspended by the Director for six (6) months if more than two (2) incidents resulting in convictions of or pleas of nolo contendere to or dispositions under Section 292 or 641, Article 27, Maryland Annotated Code for, any violation of any provision of this Division or of any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, 554, 12, 36, 36B, 41, 121, 122, 125, 237 through 246, 342, 384, 385, 386, 387, 406 through 411, 486, or 488, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, by any person or persons whosoever, shall have occurred on the premises of the model studio within one twelve (12) month period. The licensee shall receive notice of such suspension and shall be entitled to a hearing before the Director. The notice shall be given in writing, shall set forth the grounds for the suspension, and shall state the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for the hearing.</text>
  </level>
  <level label="e">
    <text>In addition to and not in lieu of the penalties prescribed in Section 5-328 and the enforcement measures provided in Subsections (a), (b), (c), (d), (f), (g), or (h) of this Section, the County, by the Office of Law may enforce this Division by actions for appropriate legal and equitable relief in the Circuit Court for Prince George's County, Maryland, including, but not limited to, actions for mandatory or prohibitory injunctions to require compliance with this Division.</text>
  </level>
  <level label="f">
    <text>In addition to or in lieu of the enforcement measures prescribed in Subsections (a), (b), (c), (d), and (e) of this Section, the Director may assess and require the payment of a civil penalty not to exceed the amount of Five Hundred Dollars ($500.00) for each violation of this Division.</text>
  </level>
  <level label="g">
    <text>The Director or his designee, with the assistance of the Police Department, if necessary, is authorized and empowered to take any measures reasonably necessary to effect the closing or otherwise prevent the operation of any business or establishment which the Director finds to operate or conduct business in violation of this Division:</text>
    <level label="1">
      <text>When the Director, after notice and opportunity for hearing, has made an order suspending or revoking a model studio license; or</text>
    </level>
    <level label="2">
      <text>When the Director determines that a business is a model studio required to be licensed, gives notice of that order or determination and directs the business to comply with this Division, and the business or its owners or principals fails to comply.</text>
    </level>
  </level>
  <level label="h">
    <text>The Director, without limitation, may take the following measures:</text>
    <level label="1">
      <text>Lock or secure the premises of the establishment or business or otherwise deny entry thereto;</text>
    </level>
    <level label="2">
      <text>Seize the premises of the establishment and its furniture, equipment, books and records;</text>
    </level>
    <level label="3">
      <text>Order the premises to be vacated and post therein and on the exterior thereof notices that the business is closed by order of the Director and that no person is to enter the premises without permission of the Director or the Chief of Police.</text>
    </level>
  </level>
</section>
