Regulation .12 Protest of Renewal.
Regulation .12 Protest of Renewal.LinkCopy Citation
A.
Individuals may file a protest against cannabis license renewal with the Administration in a manner prescribed by the Administration.
B.
A valid filing of a protest against license renewal under this regulation shall be made by ten or more individuals who are located within 1,000 feet of the license location and are:
(1)
Residents;
(2)
Commercial tenants; or
(3)
Real estate owners.
C.
A protest against license renewal shall be made on the basis of:
(1)
A violation by the licensee of this subtitle or Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland;
(2)
A violation by the licensee of civil or criminal law; or
(3)
Conduct by the licensee that creates or maintains conditions that allow other individuals to act in a manner that disturbs the public peace, including:
(a)
Obstruction of public rights-of-way by unruly crowds;
(b)
Assault, battery, or other disorderly conduct that disturbs the public peace;
(c)
Vandalism; or
(d)
Littering.
D.
Reasonable Grounds.
(1)
Individuals may only demonstrate reasonable grounds for a protest against license renewal by:
(a)
Submitting criminal or civil citations, violations, incident reports, or other sanctions against the licensee by:
(i)
Local law enforcement;
(ii)
The Maryland Cannabis Administration;
(iii)
The Alcohol, Tobacco or Cannabis Commission; or
(iv)
Any other unit of government with the legal authority to issue fines, citations, or other violations; or
(b)
Submitting criminal or civil citation, violations, or other sanctions against an individual for conduct occurring within 1,000 feet of the licensed establishment by:
(i)
Local law enforcement; or
(ii)
Any other unit of government with the legal authority to issue fines, citations, or other violations.
(2)
The Administration shall determine if the protest filed is based on reasonable grounds.
(3)
In making the determination of reasonable grounds, the Administration may consider the number of citations, violations, or other sanctions filed under §D(1) of this regulation.
(4)
A submission under §D(1) of this regulation may only be used for the purposes of a single protest against license renewal filing.
E.
Protest of Renewal Hearing.
(1)
If the Administration determines that the protest is based on reasonable grounds, the Administration shall:
(a)
Hold a hearing in accordance with COMAR 14.17.22 of this subtitle; and
(b)
Notify the licensee no later than 30 days prior to the hearing date.
(2)
A hearing under this regulation shall be held within 6 months of the determination by the Administration that the protest was filed on the basis of reasonable grounds.
F.
Sanctions.
(1)
As a result of a hearing held under this regulation, the Administration may immediately:
(a)
Suspend, fine, or revoke a license; and
(b)
Develop a corrective action plan for the licensee.
(2)
In determining sanctions against the licensee, the Administration may consider the:
(a)
Number of individuals filing the protest;
(b)
Grounds on which the protest was filed;
(c)
Number of citations, violations, or other sanctions filed against the license as a part of the protest against license renewal; and
(d)
Any prior protest against license renewal filings or other violations issued by the Administration.