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(a) Within 30 days after the application is filed, a challenge may be filed with the Director by:
(1) a resident or owner of real property located within 300 feet of a licensed or proposed license;
(2) the municipality in which the residence is located;
(3) any applicable homeowners association, condominium, housing cooperative; or
(4) the owner of the unit or the owner’s rental agent, if the applicant is not the owner.
(b) The Director must, within 60 days after receipt of the challenge:
(1) provide notice of the challenge to the applicant;
(2) provide an opportunity for the applicant to respond to the challenge;
(3) investigate any question of fact raised by the challenge;
(4) approve or deny the license or license renewal after reviewing the application, including supporting documents provided by the applicant and challenger, for conformance with this Chapter and all other applicable laws and regulations; and
(5) if the license or license renewal is approved:
(i) issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and
(ii) provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals. (2017 L.M.C., ch. 27, §1; 2023 L.M.C., ch. 33, §1.)
(a) The Director may suspend or revoke any license issued under this Article if the Director finds that the licensee:
(1) has violated this Chapter or any other applicable law or regulation;
(2) has been convicted of violating any of the provisions of the Criminal Law Article of the Maryland Code listed in in Section 54-20 while operating the bed and breakfast or short-term residential rental; or
(3) has repeatedly operated in a manner that is dangerous to the health and safety of the community or is a nuisance because of noise or other activity, as verified by the Department.
(b) Prior to any suspension or revocation, the Director may require the holder of the license to appear before the Director and show cause why the license should not be suspended or revoked. (2017 L.M.C., ch. 27,
§1; 2019 L.M.C., ch. 23, §1
; 2023 L.M.C., ch. 33, §1.)
Any person aggrieved by the issuance, renewal, denial, revocation or suspension of a bed and breakfast license or short-term rental license may appeal the Director’s decision to the Board of Appeals within 30 days of the Director’s decision, regardless of whether a challenge to the application was filed under Section 54-46. (2017 L.M.C., ch. 27, § 1; 2019 L.M.C., ch. 2, § 1; 2023 L.M.C., ch. 33, §1.)
For a period of 3 years after a license is revoked, the Director must not issue a bed and breakfast or short-term residential rental license to:
(a) the former licensee or a member of the former licensee’s household; or
(b) any applicant for a license to use the same dwelling unit where the license was revoked. (2017 L.M.C., ch. 27, §1.)