Sec. 54-16. Compliance with Code, before issuance.

   The Director must not issue a license to any hotel under this Division unless the proposed hotel conforms with the applicable provisions of this Code. (Mont. Co. Code 1965, §90-15; 2017 L.M.C., ch. 27, §1.)

Sec. 54-17. Certificates to be filed before issuance.

   The Director must not issue an initial license or license renewal under this Division unless the applicant files with the Department a certificate:

   (a)   of use and occupancy from the Department of Permitting Services;

   (b)   from the fire marshal stating that the building complies with the fire prevention code; and

   (c)   from the Director stating that the building or buildings and rooms to be occupied or used by the guests of the hotel, and the premises on which such buildings are located, comply with the standards and regulations of the County and State Boards of Health. (Mont. Co. Code 1965, § 90-16; 1972 L.M.C., ch. 16, §§ 5, 13; 1980 L.M.C., ch. 41, § 1; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1.)

   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."

Sec. 54-18. Separate license required for each establishment.

   The Director must require each hotel, operated by the same management, to obtain a separate license under this Division. (Mont. Co. Code 1965, §90-17; 2017 L.M.C., ch. 27, §1.)

Sec. 54-19. Fees.

   The Executive must establish annual fees for licenses under this Division by regulation adopted under method (3) of Section 2A-15 of this Code. Fees must not exceed an amount necessary to defray the costs of administering this Chapter. (Mont. Co. Code 1965, §90-18; 1981 L.M.C., ch. 52, §2; 1982 L.M.C., ch. 49, §6; 1984 L.M.C., ch. 24, §53; 1984 L.M.C., ch. 27, §36; 2017 L.M.C., ch. 27, §1.)

Sec. 54-20. Denial where operator has been convicted of certain state law violations.

   The Director may deny an initial license or license renewal to operate a hotel under this Division if the Director finds the owner or operator of the proposed hotel was convicted of violating the following provisions of the Criminal Law Article of the Maryland Code:

   (a)   Section 10-202 (keeping disorderly house);

   (b)   Title 12 (gaming);

   (c)   Title 5 (controlled dangerous substances, prescriptions, and other substances); or

   (d)   Section 10-201 (disturbing the public peace and disorderly conduct).

   The Director may deny an initial license or license renewal if the owner or operator was convicted of any similar offense outside Maryland. (Mont. Co. Code 1965, § 90-19; 2010 L.M.C., ch. 49, § 1; 2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1.)

   *Editor’s note—Md. Ann. Code art. 27 has been amended as follows: §§ 15 through 17 (bawdy houses and houses of ill fame; prostitution, etc.) were repealed; § 125 (disorderly houses) appears in Md. Code Ann., Crim. Law § 10-202; §§ 237 through 264C (gaming) appear in Crim. Law, Title 12; § 277 (illegal keeping of, or sale of narcotics) appears in Crim. Law, Title 5; § 291 (opium joints) appears in Crim. Law, Title 5; §§ 121 and 122C (disturbance of the peace) appear in Crim. Law, § 10-201 (2003).

Sec. 54-21. Procedure for issuance or denial.

   (a)    When an application for a license under this Division, or when a previously issued license is in the renewal process, the Director or the Director’s designee must conduct all investigations and inspections required by this article. The Director must approve or deny the application within 90 days after the date of filing, or as soon thereafter as practicable. Applications for renewal of a license filed on or before October 1 under Section 54-25 and that have not been approved or denied by the Director before the following January 1, remain in effect until approved or denied by the Director.

   (b)    If, after all investigations and inspections are completed, the Director finds that the hotel for which a license under this Division is requested does not satisfy the requirements of this chapter, the Director must, within 10 days after making such a finding, transmit notice of such finding to the applicant. The notice must advise the applicant of the necessary corrective measures to be taken before the Director will issue the license. The Director may direct the applicant to appear within 10 days from the date of service of the notice to show cause why the license should not be denied. If the applicant fails to show cause as directed in such notice, or fails to take the necessary corrective action, the Director may deny the application.

   (c)   The Director must send all of the Director’s orders and notices to the applicant either by registered mail or by personal delivery at the address shown on the application. If the applicant cannot be found in the County, service by personal delivery must be made to the person who is in charge of the hotel. (Mont. Co. Code 1965, §90-20; 2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1.)

Sec. 54-22. Display.

   The applicant must prominently display each license issued under this Division in the hotel for which it was issued. (Mont. Co. Code 1965, §90-21; 2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1.)