Maryland Alcoholic Beverages Section 15-102

Article - Alcoholic Beverages

§ 15-102.

      (a)      (1)      There is a Board of License Commissioners in St. Mary's County known as the Alcohol Beverage Board of St. Mary's County.

            (2)      The Board consists of 5 members.

            (3)      The Governor with the advice and consent of the Senate, shall appoint the members of the Board as follows:

                  (i)      1 shall be appointed from each of the County Commissioner districts; and

                  (ii)      1 shall be appointed at large.

            (4)      To qualify for appointment to the Board a person:

                  (i)      Shall be of good moral character and integrity;

                  (ii)      Shall be at least 21 years of age; and

                  (iii)      Shall be a resident of the Commissioner district at the time of appointment and during the term of office.

            (5)      (i)      Except for the new Board appointed in accordance with this section, the term of a member is 4 years.

                  (ii)      The terms of the members are staggered as required by the terms provided for members of the Board on January 1, 1986.

                  (iii)      A member appointed to fill a vacancy shall serve the remainder of the unserved term. A member so appointed is eligible to serve the next consecutive term if otherwise qualified and appointed.

                  (iv)      A member may not serve more than 2 consecutive terms.

            (6)      (i)      The Governor may remove a member for incompetence, misconduct, or willful neglect of a duty required by law.

                  (ii)      The removal procedure is as provided in § 15-110 of this article.

      (b)      The member who is appointed at large is the Chairman.

      (c)      (1)      A majority of the members serving on the Board is a quorum.

            (2)      The Board shall meet a minimum of once a month.

            (3)      All hearings held by the Board shall be open to the public.

            (4)      The Board may appoint advisory committees composed of responsible persons in the county to advise the Board on matters relating to the administration of the alcoholic beverages laws.

      (d)      The County Commissioners:

            (1)      Shall set the annual salary for the Chairman and each member of the Alcoholic Beverage Board; and

            (2)      Shall provide for the reasonable and necessary expenses of the Alcoholic Beverage Board.

      (e)      (1)      The Board shall appoint an attorney for the Board.

            (2)      The County Commissioners shall set the annual salary for the attorney.

      (f)      (1)      The Board shall appoint an inspector.

            (2)      The County Commissioners shall set the salary of the inspector.

            (3)      An inspector shall:

                  (i)      Possess the power of a peace officer of this State in respect to the enforcement of the alcoholic beverages laws of St. Mary's County; and

                  (ii)      Have the duties that the Board prescribes.

      (g)      (1)      The Board shall appoint an administrator.

            (2)      The administrator shall carry out the duties assigned by the Board.

            (3)      The County Commissioners shall set the salary of the administrator.

            (4)      The County Commissioners may assign clerical assistance as is necessary to carry out the duties of the Board.

      (h)      (1)      (i)      A member may not have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, in or to any premises where alcoholic beverages are manufactured or sold; nor shall he have any interest, direct or indirect, in any business wholly or partially devoted to the manufacture or sale of alcoholic beverages, or own any stock in any corporation which has any interest, proprietary or otherwise, direct or indirect, in any premises where alcoholic beverages are manufactured or sold or in any business wholly or partially devoted to the manufacture or sale of alcoholic beverages, or hold any elective public office or employment.

                  (ii)      A person or corporation engaged in the manufacture or sale of beer or other alcoholic beverages, any agent or employee of that person or corporation, and any licensee licensed under the provisions of this article may not, either directly or indirectly, offer to pay any commission, profit or remuneration or make any gift to any member or Board employee or to anyone on behalf of such members or Board employee.

            (2)      Violations of this subsection are a misdemeanor punishable by a fine of not more than $1,000.



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