§ 20-202. Membership

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: April 11, 2023

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 20. Frederick County (Refs & Annos)
Subtitle 2. Board of License Commissioners (Refs & Annos)
Effective: April 11, 2023
MD Code, Alcoholic Beverages, § 20-202
Formerly cited as MD CODE, Art. 2B, § 15-103; MD CODE, Art. 2B, § 15-110
§ 20-202. Membership
Composition; appointment of members
(a) The Governor shall appoint three members to the Board.
Qualifications
(b) Each member of the Board shall be:
(1) a registered voter of the county during the member's term of office; and
(2) an individual of good moral character and integrity who reasonably reflects the citizenry of the county.
Restrictions
(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 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;
(iii) own stock in:
1. a corporation that has a direct or indirect interest in a premises where alcoholic beverages are manufactured or sold; or
2. a business wholly or partly devoted to the manufacture or sale of alcoholic beverages;
(iv) hold any other public office or employment; or
(v) solicit or receive, directly or indirectly, a commission, remuneration, or gift from:
1. a person engaged in the manufacture or sale of alcoholic beverages; or
2. a license holder.
(3) A person who violates this subsection is guilty of a misdemeanor and is subject to a fine not exceeding $1,000.
Tenure
(d)(1) The term of a member is 5 years.
(2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.
Vacancies
(e) 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.
Removal
(f)(1) The Governor may remove a member for incompetence, misconduct, neglect of a duty required by law, or unprofessional or dishonorable conduct.
(2) The Governor 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 Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor's findings on the charges.
Member running for elected office
(g)(1) In this subsection, “campaign finance entity” has the meaning stated in § 1-101 of the Election Law Article.
(2) A member, a person acting on behalf of the member, a campaign finance entity of the member, or any other campaign finance entity operated in coordination with the member may not solicit, receive, deposit, or use a contribution while the member is serving on the Board.
(3) A campaign finance entity of the member or any other campaign finance entity operated in coordination with the member may not make an expenditure, except to pay a late filing fee or civil penalty imposed under Title 13 of the Election Law Article, while the member is serving on the Board.
(4) A campaign finance entity of the member or any other campaign finance entity operated in coordination with the member shall pay any outstanding obligations before the member begins serving on the Board.
(5) Not later than 48 hours after opening a campaign account through a campaign finance entity, a member who has established an authorized candidate campaign committee shall vacate the member's position on the Board in accordance with § 5-866 of the General Provisions Article.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2018, c. 272, § 1, eff. July 1, 2018; Acts 2018, c. 273, § 1, eff. July 1, 2018; Acts 2019, c. 375, § 1, eff. July 1, 2019; Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Alcoholic Beverages, § 20-202, MD AL BEV § 20-202
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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