Md. Code Ann., Alc. Bev. & Cannabis § 26-202
Membership
Effective May 27, 2017Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2017, c. 811, § 1, eff. May 27, 2017; Acts 2017, c. 812, § 1, eff. May 27, 2017.State of Maryland
(a)
- (1) The County Executive shall appoint five members to the Board subject to confirmation by the Senate.
(2)
- (i) Within 60 days after nomination by the County Executive and not less than 7 days before a confirmation vote on a nominee is scheduled, the Prince George's County Senate Delegation shall hold a public confirmation hearing for an individual nominated to the Board.
(ii) If a candidate is nominated for the Board and is not confirmed by the Senate during the following session:
- 1. the seat shall be declared vacant; and
- 2. the County Executive shall nominate an individual to fill the vacancy.
- (iii) A candidate who is not confirmed by the Senate may be renominated by the County Executive and confirmed by the Senate only during the following session.
(b)
(1) A member shall be:
- (i) a resident and voter of the county; and
- (ii) a person of high character and integrity.
(2) Each member of the Board shall have:
- (i) legal experience;
- (ii) public safety experience;
- (iii) regulatory experience; or
- (iv) management experience.
- (3) When evaluating an applicant for membership on the Board, the County Executive shall consider the need for geographic, political, racial, ethnic, and gender diversity on the Board.
(c)
- (1) In this subsection, “direct or indirect interest” means an interest that is proprietary or obtained by a loan, mortgage, or lien, or in any other manner.
(2) A member of the Board may not:
- (i) have a direct or indirect interest in or on a premises in the State where alcoholic beverages are manufactured or sold;
- (ii) have a direct or indirect interest in a business wholly or partly devoted to the manufacture or sale of alcoholic beverages in the State;
(iii) own stock in:
- 1. a corporation that has a direct or indirect interest in a premises in the State where alcoholic beverages are manufactured or sold; or
- 2. a business wholly or partly devoted to the manufacture or sale of alcoholic beverages in the State;
(iv) solicit or receive a commission, remuneration, or gift from:
- 1. a person engaged in the manufacture or sale of alcoholic beverages or an agent or employee of the person; or
- 2. a license holder;
- (v) solicit or receive, directly or indirectly or on behalf of another person, a commission, political contribution, remuneration, or gift from a person engaged in the manufacture, distribution, or sale of alcoholic beverages or an agent or employee of the person; or
- (vi) solicit or receive, directly or indirectly, a commission, remuneration, or gift from a license holder.
(d)
- (1) In this subsection, “candidate”, “contribution”, and “political committee” have the meanings stated in § 1-101 of the Election Law Article.
(2) A member of the Board may not solicit or transmit a contribution for the benefit of a candidate or political committee from:
- (i) a person engaged in the sale of alcoholic beverages in the county or an agent or employee of the person; or
- (ii) a license holder.
(e)
- (1) The term of a member is 3 years.
- (2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.
- (3) A member may not be appointed to more than three terms.
(f)
- (1) The County Executive shall appoint an eligible individual to fill a vacancy during the remainder of the term of office of the individual originally appointed in accordance with subsection (a) of this section.
- (2) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
- (3) An appointment made to fill a vacancy is subject to a confirmation hearing by the Senate under subsection (a) of this section.
(g)
- (1) The County Executive may remove a member for misconduct in office, incompetence, or willful neglect of duty.
- (2) The County Executive shall give a member who is charged a copy of the charges against the member and, with at least 10 days' notice, an opportunity to be heard publicly in person or by counsel.
- (3) If a member is removed, the County Executive shall file with the Office of the Secretary of State a statement of charges against the member and the County Executive's findings on the charges.
(h)
- (1) If a member of the Board stops residing in or being a registered voter of the county, the member shall immediately forfeit the office as a license commissioner for the county.
(2)
- (i) A member of the Board may not serve in any other position of public office.
- (ii) On filing a certificate of candidacy for election to a public office or within 30 days before the filing deadline for the primary election for the public office sought, whichever occurs later, a member of the Board shall certify to the County Board of Elections under oath that the individual is no longer a member of the Board.
- (iii) The certification shall be accompanied by a letter addressed to the County Executive containing the resignation of the member from the Board.
Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2017, c. 811, § 1, eff. May 27, 2017; Acts 2017, c. 812, § 1, eff. May 27, 2017.