1. (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.

2. (b) A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:

   1. (1) against the public interest; and

   2. (2)

      1. (i) not honestly and fairly arrived at;
      2. (ii) arbitrary;
      3. (iii) procured by fraud;
      4. (iv) unsupported by substantial evidence;
      5. (v) unreasonable;
      6. (vi) beyond the powers of the board; or
      7. (vii) illegal.
3. (c) A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.

4. (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. (1) it is impracticable to determine the question presented to the court without the hearing of additional evidence;
   2. (2) a qualified litigant has been deprived of the opportunity to offer evidence; or
   3. (3) the interests of justice require that further evidence should be taken.

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016.