Current as of: 2010 (a) Upon the death of the holder of any license issued under this article other than Class E, Class F and Class G licenses, the license shall expire. However, upon application to the Comptroller or local licensing board, as the case may be, that granted the license, and upon the payment of a fee of one dollar ($1.00), made by the executors or administrators of the deceased licensee to the Comptroller or local collecting agent, as the case may be, a certificate of permission may be granted for the continuation of the business in the name of the executors or administrators for the benefit of the estate of the deceased. The certificate of permission may be granted for a period not exceeding 18 months from the date of the granted permission, unless the license expires earlier. If the license does expire earlier, upon application by the executor or administrator, a renewal license may be granted for a period not exceeding 18 months after the death of the license holder. Such certificates of permission and renewal licenses issued will be subject to the right of protest, revocation, suspension and restriction as in other cases, upon the payment of a pro rata license fee for such period, and during the period of such continuation the said license and the executors or administrators of the deceased shall be subject to the provisions of the Tax - General Article that relate to the alcoholic beverage tax and all of the provisions of this article. The said administrator or executor to which the aforesaid certificate of permission has been granted may assign or transfer said license for the benefit of said estate, and upon the approval of the application for said transfer or assignment, the said license shall be considered reinstated upon the payment of the balance of the license fee which might be due to the expiration of the license year. If the business of the licensee be not continued as above provided, or if the said license be not transferred or assigned, his executors or administrators shall be authorized to apply for and obtain any refund to which the deceased would have been entitled if his license had been surrendered for cancellation upon the date of his death. No Class E, Class F or Class G license shall expire or become inoperative because of the death and/or incompetency of one or more, but less than all, of the persons to whom it is issued for a company. If all of the persons to whom it is so issued shall die and/or become incompetent during its term, such license shall expire ten days thereafter, but, upon application within such ten days, accompanied by a fee payment of $1.00 by a person on behalf of such company, the Comptroller shall issue a new license replacing, and containing the privileges of, such license to the end of the license year.(b) Notwithstanding any provisions to the contrary in this article, upon the death of any married licensee, or upon the death of any licensee holding that license for the benefit of a partnership or corporation, upon application to the Comptroller or local licensing board, as the case may be, that granted the license, a new license shall be issued to the surviving spouse, the surviving partners for the benefit of the partnership, or the senior surviving officer for the benefit of the corporation without the necessity of any further proceedings for the balance of the current license year. A renewal license may be issued to the surviving spouse or to the surviving members of a partnership or corporation, if they qualify to hold license under this article. The provisions of this subsection apply only in the following subdivisions: (1) Anne Arundel County; (2) Baltimore County; (3) Baltimore City; (4) Caroline County; (5) Charles County; (6) Dorchester County; (7) Prince George’s County; (8) Somerset County; and (9) Wicomico County. (c) (1) This subsection applies only to Carroll County. (2) An application for the continuation of a deceased licensee’s business shall be made within 60 days of the death of the licensee. (3) Notwithstanding any provisions to the contrary in this section, when it is shown to the satisfaction of the Board of License Commissioners by the executor or administrator of the estate, that the estate cannot be settled within the 18-month extension period, as provided in subsection (a) of this section, because of litigation, the Board of License Commissioners may grant to the executor or administrator an additional period Prev | Next________________________________________________________________________
Questions & Answers: LiquorSee also: U.S. Code Provisions: LiquorFederal Regulations: Liquor
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