# Alcoholic Beverages and Cannabis (GAB)

## Title 26. Prince George's County

### Subtitle 24. Judicial Review

#### Section 26-2401

(a) The following sections of Title 4, Subtitle 9 ("Judicial Review") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-902 ("Judicial review of decision of local licensing board");

  (2) Sec. 4-904 ("Stay of local board's petition");

  (3) Sec. 4-905 ("Scope of judicial review");

  (4) Sec. 4-906 ("Representation of local licensing board"); and

  (5) Sec. 4-908 ("Appeals to Appellate Court of Maryland and Supreme Court of Maryland").

(b) The following sections of Title 4, Subtitle 9 ("Judicial Review") of Division I of this article apply in the county:

  (1) Sec. 4-903 ("Petitioners"), subject to Sec. 26-2402 of this subtitle; and

  (2) Sec. 4-907 ("Affirmations, modifications, and reversals"), subject to Sec. 26-2405 of this subtitle.

#### Section 26-2402

On payment of all costs incident to the hearing before the Board, a governing body of a municipality within the county in which a licensed place of business is located or proposed to be located may petition for judicial review of a decision of the Board under Sec. 4-902 of this article to the circuit court for the county.

#### Section 26-2403

(a) Before docketing an action for judicial review under Title 4, Subtitle 9 of this article, the clerk of the circuit court for the county shall:

  (1) collect all court costs from the petitioner; and

  (2) receive a statement from the clerk of the Board that the costs for getting records and transcripts of proceedings of the hearing before the Board have been paid.

(b) The costs described in subsection (a)(1) of this section may not be assessed against the Board.

#### Section 26-2404

In addition to the other powers of the circuit court for the county provided in Title 4, Subtitle 9 of this article, the court may remand the proceedings to the Board.

#### Section 26-2405

(a) Before the date set for a hearing before the circuit court of a petition under Title 4, Subtitle 9 of this article, a petitioner or a party in interest properly before the court may petition the court in writing for leave to present additional evidence on an issue for which judicial review is sought.

(b) If, after a hearing, the court is satisfied that the additional evidence is material and that there were good reasons for failure to present the evidence in the proceeding before the Board, the court shall remand the case to the Board and order that the evidence be taken before the Board on the conditions the court considers proper.

(c)

  (1) On remand for the taking of additional evidence, the Board may modify or reverse the previous findings and decision of the Board by reason of the additional evidence.

  (2) If the Board modifies or reverses a previous finding or decision as described in paragraph (1) of this subsection, the Board shall file with the reviewing court, to become a part of the record, the additional evidence together with the modification, new finding, or new decision.

(d) On the filing of a finding or decision after remand as described in subsection (c) of this section, if the court determines that the substantial rights of a petitioner may have been prejudiced, the court may reverse or modify the decision or modified decision of the Board or again remand the proceedings to the Board.

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Md. Code Ann., Alco. Bev. (as displayed at mgaleg.maryland.gov, October 16, 2026)