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§ 17-205. Inspectors

West's Annotated Code of MarylandAlcoholic BeveragesEffective: July 1, 2016

West's Annotated Code of Maryland
Alcoholic Beverages (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 17. Cecil County (Refs & Annos)
Subtitle 2. Board of License Commissioners (Refs & Annos)
Effective: July 1, 2016
MD Code, Alcoholic Beverages, § 17-205
Formerly cited as MD CODE, Art. 2B, § 15-112; MD CODE, Art. 2B, § 16-410
§ 17-205. Inspectors
Number of inspectors; employment
(a)(1) The Board may employ one full-time inspector and as many part-time inspectors as the Board considers necessary.
(2) The employment of the inspectors is subject to the County Personnel Policy and Procedure Manual.
Qualifications
(b) An individual may not accept appointment or continue as an inspector if the individual or a member of the individual's immediate family has a personal or financial interest directly or indirectly in a license or in a premises licensed under this article.
Powers
(c) An inspector:
(1) has all the powers of a peace officer or sheriff in the State arising out of or relating to the enforcement of this article; and
(2) may serve a summons under § 17-2603 of this title.
Duties
(d) An inspector shall:
(1) investigate all applicants for a license or transfer of a license;
(2) visit and inspect at unannounced times every licensed premises in the county at least once every 90 days;
(3) enforce all alcoholic beverages laws;
(4) investigate all violations of the alcoholic beverages laws and report them to the Board; and
(5) submit monthly reports in writing to the Board of the inspector's activities, setting forth complaints and listing violations that the inspector observed or were reported to the inspector.
Oath
(e) An inspector shall take the oath required by Article I, § 9 of the Maryland Constitution.
Compensation
(f) The salaries and travel expenses of the inspectors shall be established by the County Commissioners using county personnel department regulations and guidelines.

Credits

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

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2016, c. 41):
This section is new language derived without substantive change from former Art. 2B, §§ 15-112(i)(3) through (6) and 16-410(b)(2)(i)4.
In subsections (a) and (f) of this section, the former references to an “alcoholic beverages” inspector are deleted as surplusage.
In subsection (a)(1) of this section, the former reference to “additional” part-time inspectors is deleted as surplusage.
In subsection (b) of this section, the reference to an “individual” is substituted for the former reference to a “person” because only a human being and not the other entities included in the definition of “person” can serve as an inspector.
Correspondingly, the references to an “individual” are substituted for the former references to an “inspector” for consistency and to clarify that this subsection applies to individuals who have not yet accepted appointment to the position of inspector as well as to inspectors themselves.
In subsection (c)(1) of this section, the reference to the powers “arising out of or relating to the enforcement of this article” is substituted for the former reference to the powers “in respect to the enforcement of the alcoholic beverages laws of the county” for consistency with other similar provisions of this article.
In subsection (c)(2) of this section, the reference to serving a summons “under § 17-2603 of this title” is added for clarity.
Also in subsection (c)(2) of this section, the former reference to inspectors “employed by the Cecil County Board of License Commissioners” having authority to serve a summons is deleted as unnecessary because all inspectors in Cecil County are employed by the Board.
In subsection (d)(1) of this section, the former reference to an “alcoholic beverages” license is deleted in light of the defined term “license”.
In subsection (d)(2) of this section, the reference to “once” every 90 days is added for clarity.
In subsection (e) of this section, the reference to the requirement to take the oath required by “Article I, § 9 of the Maryland Constitution” is substituted for the former reference to the requirement to taking an oath required in the “Constitution of Maryland, to faithfully perform the duties entrusted to him” for brevity.
In subsection (f) of this section, the former requirement that the salaries of part-time inspectors “shall be as provided in the annual budget of the Board of County Commissioners for part-time inspectors and within the total appropriations for this purpose” is deleted in light of the requirement that the salaries of the inspectors be established by the County Commissioners.
Former Art. 2B, § 15-112(i)(1), which provided that former Art. 2B, § 15-112(i) applied only in Cecil County, is deleted as unnecessary in light of the organization of this revised article.
Defined terms: “Alcoholic beverage” § 1-101
“Board” § 17-101
“County” § 17-101
“License” § 1-101
“State” § 1-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 2B, § 15-112, amended by Acts 1994, c. 55, § 1, eff. Oct. 1, 1994; Acts 1994, c. 244, § 1, eff. July 1, 1994; Acts 1994, c. 318, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1995, c. 29, § 1, eff. Oct. 1, 1995; Acts 1995, c. 523, § 1, eff. Oct. 1, 1996; Acts 1996, c. 124, § 1, eff. Oct. 1, 1996; Acts 1996, c. 366, § 1, eff. Oct. 1, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1997, c. 32, § 2, eff. April 8, 1997; Acts 1997, c. 618, § 1, eff. Oct. 1, 1997; Acts 1997, c. 620, § 1, eff. Oct. 1, 1997; Acts 1997, c. 726, § 1, eff. Oct. 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 165, § 1, eff. Oct. 1, 1998; Acts 1998, c. 193, § 1, eff. Oct. 1, 1998; Acts 1998, c. 308, § 1, eff. Oct. 1, 1998; Acts 1998, c. 585, § 3, eff. Jan. 1, 1999; Acts 1998, c. 686, § 1, 2, eff. Oct. 1, 1998; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 114, § 1, eff. Oct. 1, 2000; Acts 2000, c. 446, § 1, eff. Oct. 1, 2000; Acts 2001, c. 29, § 6, eff. April 10, 2001; Acts 2001, c. 262, § 1, eff. July 1, 2001; Acts 2002, c. 303, § 2, eff. Jan. 1, 2003; Acts 2003, c. 90, § 1, eff. Oct. 1, 2003; Acts 2003, c. 91, § 1, eff. Oct. 1, 2003; Acts 2003, c. 155, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 150, § 1, eff. Oct. 1, 2005; Acts 2006, c. 302, § 1, eff. July 1, 2006; Acts 2007, c. 331, § 1, eff. July 1, 2007; Acts 2007, c. 371, § 1, eff. May 8, 2007; Acts 2007, c. 390, § 1, eff. July 1, 2007; Acts 2007, c. 464, § 1, eff. July 1, 2007; Acts 2008, c. 81, § 1, eff. July 1, 2008; Acts 2008, c. 425, § 2, eff. June 1, 2008; Acts 2009, c. 716, § 1, eff. July 1, 2009; Acts 2011, c. 263, § 1, eff. Oct. 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2013, c. 87, § 1, eff. July 1, 2013; Acts 2013, c. 145, § 1, eff. July 1, 2013; Acts 2014, c. 45, § 5; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2014, c. 346, § 1, eff. July 1, 2014; Acts 2014, c. 347, § 1, eff. July 1, 2014; Acts 2015, c. 87, § 1, eff. Oct. 1, 2015; Acts 2015, c. 264, § 1, eff. July 1, 2015, related to boards of license commissioners; authority and powers, repealed by Acts 2016, c. 41, § 1, eff. July 1, 2016.
Former Art. 2B, § 16-410, amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1998, c. 155, § 1, eff. April 28, 1998; Acts 1998, c. 749, § 1, eff. Oct. 1, 1998; Acts 2000, c. 57, § 1, eff. July 1, 2000; Acts 2000, c. 115, § 1, eff. Oct. 1, 2000; Acts 2001, c. 29, §§ 1, 6, eff. April 10, 2001; Acts 2003, c. 78, § 1, eff. June 1, 2003; Acts 2003, c. 263, § 1, eff. Oct. 1, 2003; Acts 2003, c. 264, § 1, eff. Oct. 1, 2003; Acts 2003, c. 282, § 1, eff. Oct. 1, 2003; Acts 2004, c. 106, § 1, eff. Oct. 1, 2004; Acts 2007, c. 344, § 1, eff. July 1, 2007; Acts 2009, c. 50, § 1, eff. July 1, 2009; Acts 2009, c. 51, § 1, eff. July 1, 2009; Acts 2014, c. 266, § 2, eff. July 1, 2014, related to authority to summon witnesses, repealed by Acts 2016, c. 41, § 1, eff. July 1, 2016.
MD Code, Alcoholic Beverages, § 17-205, MD AL BEV § 17-205
Current through all legislation from the 2019 Regular Session of the General Assembly.
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