§ 25-305. Restrictions on financial interests

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2019

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 25. Montgomery County (Refs & Annos)
Subtitle 3. Alcohol Beverage Services (Refs & Annos)
Effective: July 1, 2019
MD Code, Alcoholic Beverages, § 25-305
Formerly cited as MD CODE, Art. 2B, § 15-208
§ 25-305. Restrictions on financial interests
Currentness
County Council members and County Executive
(a) A member of the County Council or the County Executive may not have a direct or indirect financial interest in the sale, manufacture, blending, brewing, distilling, rectifying, or wholesaling of any alcoholic beverage purchased or sold under this article.
Services employees
(b) Except as provided in subsection (c) of this section, an employee of the Services may not:
(1) have a direct or indirect financial interest in the sale, manufacture, blending, brewing, distilling, rectifying, or wholesaling of any alcoholic beverage purchased or sold under this article;
(2) have an interest in a license;
(3) directly or indirectly solicit or receive any fee, commission, gratuity, emolument, remuneration, reward, present, or alcoholic beverage sample, and any other consideration from:
(i) a person who sells, manufactures, blends, brews, distills, rectifies, wholesales, or distributes alcoholic beverages; or
(ii) a license holder; or
(4) derive any profit or remuneration from the purchase or sale of alcoholic beverages other than the salary paid by the county for the discharge of the employee's duties.
Exception--Dual employment
(c) Subject to the County Public Ethics Law, the Services may allow a Services employee to be employed by a license holder if the employment directly relates to the performing arts.
Fee and gifts prohibited
(d)(1) Except as provided in subsection (e) of this section, a person listed in paragraph (2) of this subsection may not directly or indirectly offer, pay, or give a fee, reward, present, commission, gift, or sample of alcoholic beverages to an employee of the Services, a member of the County Council, or the County Executive.
(2) This subsection applies to:
(i) a license holder or an employee of a license holder; or
(ii) a person or an agent or employee of a person engaged in the manufacture, sale, blending, brewing, distilling, rectifying, wholesaling, or distribution of alcoholic beverages.
Alcoholic beverages sampling allowed
(e)(1) This section does not prohibit a manufacturer, brewer, wholesaler, or dealer that sells or attempts to sell alcoholic beverages to the Services from providing samples of alcoholic beverages to the Services.
(2) A person that provides samples of alcoholic beverages to the Services shall obtain a receipt, signed by the Director, stating in detail the amount and a description of the samples.
(3) When received, samples of alcoholic beverages provided under this subsection shall be inventoried and sold in the same manner as other beverages that the Services purchases.
Penalty
(f) A person that violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 years or a fine not exceeding $5,000 or both.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2016, c. 8, § 5; Acts 2019, c. 673, § 1, eff. July 1, 2019.
MD Code, Alcoholic Beverages, § 25-305, MD AL BEV § 25-305
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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