Title 4. Local Licensing — Subtitle 9. Judicial Review
Statutes in effect as of October 1, 2026.
Md. Code Ann., Alco. Bev. § 4-901 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–901LinkCopy Citation
Subject to Division II of this article, this subtitle applies statewide.
Md. Code Ann., Alco. Bev. § 4-902 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–902LinkCopy Citation
The following decisions of a local licensing board are subject to judicial review as provided in this subtitle:
(1)
a limitation, restriction, or prohibition imposed on an aggrieved applicant for a license or aggrieved license holder; or
(2)
an approval, a suspension, a revocation, or a restriction, or a refusal to approve, suspend, revoke, or restrict, a license or a license holder.
Md. Code Ann., Alco. Bev. § 4-903 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–903LinkCopy Citation
(a)
The following persons may petition for judicial review of a decision of a local licensing board to the circuit court of the county where the local licensing board sits on payment of all costs incident to the hearing before the local licensing board:
(1)
a holder of a license issued by the local licensing board;
(2)
any applicant for a license; and
(3)
a group of not fewer than 10 persons who are residents or real estate owners in the precinct or voting district where the licensed place of business is located or proposed to be located.
(b)
To seek judicial review of a decision of a local licensing board under subsection (a) of this section, a license holder, an applicant for a license, or a group shall have:
(1)
been aggrieved by the decision of the local licensing board; and
(2)
appeared at the hearing of the local licensing board in person, by representation, or by submitting a written document that was introduced at the hearing.
Md. Code Ann., Alco. Bev. § 4-904 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–904LinkCopy Citation
When a petition is filed under this subtitle, a local licensing board may stay its order that is the subject of the petition until the final determination of the petition.
Md. Code Ann., Alco. Bev. § 4-905 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–905LinkCopy Citation
(a)
On the hearing of a petition under this subtitle, the court shall presume that the action of the local licensing board was proper and best served the public interest.
(b)
A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:
(1)
against the public interest; and
(2)
(i)
not honestly and fairly arrived at;
(ii)
arbitrary;
(iii)
procured by fraud;
(iv)
unsupported by substantial evidence;
(v)
unreasonable;
(vi)
beyond the powers of the board; or
(vii)
illegal.
(c)
A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.
(d)
The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:
(1)
it is impracticable to determine the question presented to the court without the hearing of additional evidence;
(2)
a qualified litigant has been deprived of the opportunity to offer evidence; or
(3)
the interests of justice require that further evidence should be taken.
Md. Code Ann., Alco. Bev. § 4-906 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–906LinkCopy Citation
In a petition for judicial review under this subtitle, a local licensing board may be represented by a qualified attorney designated by the local licensing board.
Md. Code Ann., Alco. Bev. § 4-907 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–907LinkCopy Citation
(a)
(1)
The court may affirm, modify, or reverse a decision of the local licensing board.
(2)
If the court reverses a decision, the court shall file with the record a written statement of the reasons for the reversal.
(b)
Costs for a judicial review under this subtitle shall be awarded as in other civil cases.
Md. Code Ann., Alco. Bev. § 4-908 (2026)
Title 4. Local Licensing
Subtitle 9. Judicial Review
§ 4–908LinkCopy Citation
(a)
Notwithstanding any other provision of law, a party of record to a review of a decision of a local licensing board to the circuit court may appeal the decision of the court:
(1)
to the Appellate Court of Maryland; or
(2)
by certiorari, to the Supreme Court of Maryland.
(b)
The Appellate Court of Maryland or the Supreme Court of Maryland may not stay a decision by a local licensing board to impose sanctions on a license holder if:
(1)
an appeal of the decision of the circuit court is made under this subtitle; and
(2)
the decision of the circuit court affirmed the decision of the board.