Md. Code, Alcoholic Beverages and Cannabis § 23-205
This is the official text of Md. Code, Alcoholic Beverages and Cannabis § 23-205, part of Maryland’s Code, Alcoholic Beverages and Cannabis — regulates the sale and licensing of alcohol and cannabis.
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§23–205.
Official statutory text
(a) (1) The County Executive shall appoint five members to the Hearing Board subject to confirmation by the County Council in accordance with this section.
(2) One member shall be from each councilmanic district.
(3) Not more than three members may be registered with the same political party.
(4) (i) Each political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election shall have at least one representative on the Hearing Board.
(ii) If a political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election does not have at least one representative on the Hearing Board, the next vacancy on the Hearing Board shall be filled with an individual registered with that party.
(b) (1) Each member of the County Council shall nominate to the County Executive three qualified individuals who live in the district of the member of the County Council.
(2) The County Executive shall appoint to the Hearing Board one individual from the list of nominees that each member of the County Council submits.
(3) The County Council by resolution shall confirm the appointment of Hearing Board members.
(c) To qualify for appointment as a Hearing Board member, an individual shall be:
(1) of good moral character and integrity;
(2) a registered voter of the county immediately prior to the appointment; and
(3) at least 21 years old.
(d) (1) A Hearing Board member:
(i) may not hold another public office or be employed by the county government;
(ii) shall be a registered voter of the county during the Hearing Board member’s term of office; and
(iii) is subject to the public ethics laws of the county.
(2) Except as provided in paragraph (3) of this subsection, a Hearing Board member may not have a direct or indirect interest in:
(i) a premises where alcoholic beverages are manufactured or sold; or
(ii) a business wholly or partly devoted to the manufacture or sale of alcoholic beverages.
(3) A Hearing Board member may be a holder of a 1–day or 2–day license.
(e) (1) The term of a Hearing Board member is 5 years.
(2) The terms of the Hearing Board members are staggered as required by the terms provided for Hearing Board members on July 1, 2016.
(3) A Hearing Board member whose term has expired and who has served 8 or more consecutive years on the Hearing Board is not eligible for immediate reappointment to the Hearing Board.
(f) A Hearing Board member who is appointed to fill a vacancy shall serve the remainder of the unexpired term and until a successor is appointed and qualifies.
(g) The County Council may remove a Hearing Board member for:
(1) incompetence;
(2) misconduct;
(3) unprofessional conduct;
(4) dishonorable conduct;
(5) neglect of a duty required by law;
(6) failure to meet the qualifications of subsection (c) of this section; or
(7) a violation of subsection (d)(2) of this section.
(2) One member shall be from each councilmanic district.
(3) Not more than three members may be registered with the same political party.
(4) (i) Each political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election shall have at least one representative on the Hearing Board.
(ii) If a political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election does not have at least one representative on the Hearing Board, the next vacancy on the Hearing Board shall be filled with an individual registered with that party.
(b) (1) Each member of the County Council shall nominate to the County Executive three qualified individuals who live in the district of the member of the County Council.
(2) The County Executive shall appoint to the Hearing Board one individual from the list of nominees that each member of the County Council submits.
(3) The County Council by resolution shall confirm the appointment of Hearing Board members.
(c) To qualify for appointment as a Hearing Board member, an individual shall be:
(1) of good moral character and integrity;
(2) a registered voter of the county immediately prior to the appointment; and
(3) at least 21 years old.
(d) (1) A Hearing Board member:
(i) may not hold another public office or be employed by the county government;
(ii) shall be a registered voter of the county during the Hearing Board member’s term of office; and
(iii) is subject to the public ethics laws of the county.
(2) Except as provided in paragraph (3) of this subsection, a Hearing Board member may not have a direct or indirect interest in:
(i) a premises where alcoholic beverages are manufactured or sold; or
(ii) a business wholly or partly devoted to the manufacture or sale of alcoholic beverages.
(3) A Hearing Board member may be a holder of a 1–day or 2–day license.
(e) (1) The term of a Hearing Board member is 5 years.
(2) The terms of the Hearing Board members are staggered as required by the terms provided for Hearing Board members on July 1, 2016.
(3) A Hearing Board member whose term has expired and who has served 8 or more consecutive years on the Hearing Board is not eligible for immediate reappointment to the Hearing Board.
(f) A Hearing Board member who is appointed to fill a vacancy shall serve the remainder of the unexpired term and until a successor is appointed and qualifies.
(g) The County Council may remove a Hearing Board member for:
(1) incompetence;
(2) misconduct;
(3) unprofessional conduct;
(4) dishonorable conduct;
(5) neglect of a duty required by law;
(6) failure to meet the qualifications of subsection (c) of this section; or
(7) a violation of subsection (d)(2) of this section.
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