# Alcoholic Beverages and Cannabis (GAB)

## Title 4. Local Licensing

### Subtitle 9. Judicial Review

#### Section 4-905

(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.

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