There is a Board of License Commissioners for Baltimore City.

The Governor shall appoint three regular members and one substitute member to the Board. The appointments shall be made: if the Senate is in session, with the advice and consent of the Senate; or if the Senate is not in session, by the Governor alone, subject to the advice and consent of the Senate when the Senate next convenes. Each member of the Board shall be: a resident and voter of the City; and an individual of high character and integrity and of recognized business capacity. At least one member of the Board shall be a member of the Bar of the Supreme Court of Maryland. When evaluating an applicant for membership on the Board, the Governor shall consider the need for geographic, political, racial, ethnic, cultural, and gender diversity on the Board. The substitute member may serve on the Board if a regular member is absent or recused. The term of a member is 2 years and begins on July 1. The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. To fill a vacancy that occurs during the term of office, the Governor shall appoint an eligible individual. An appointment under paragraph (1) of this subsection shall be made within 15 days after the vacancy occurs. 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. The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty. A member who is charged shall be given by the Governor 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. 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 made on the charges.

The Board shall designate a chair from among the regular members of the Board.

The Board or the Board’s designee governs, administers, and enforces this article in the City, including: supervising the activities and investigations of the inspectors and other employees of the Board; examining the location and general character of license holders in the City; reviewing the zoning of applicants and license holders during the license application, license transfer, and license renewal processes; and subject to § 12–210 of this subtitle, adopting regulations concerning zoning of license holders and methods of enforcement to carry out the purposes and enforcement of this article. In accordance with Article VI, § 4 of the Baltimore City Charter, the Board shall provide to the Director of Finance of the City the estimates of the Board for the next fiscal year of the appropriations needed to effectively and efficiently achieve the mission and goals of the Board. The Board shall: submit a budget request to the City annually in the form that the Director of Finance of the City requires; and provide additional budget justification material that the Director of Finance of the City requests. The Board shall establish annual performance measures using the CitiStat program of the City for activities such as: financial management; issuance of licenses; and enforcement of alcoholic beverages laws. The Board shall make the performance measures available to the public on the Open Baltimore website. On request, the Board shall submit to the Office of Legislative Audits performance accountability reports to ensure that the Board is on track to meet its annual performance measures. The Board shall: digitize and post online all records for public review; and adopt regulations to carry out this paragraph; and prominently list on the website of the Board each fee or fine that the Board imposes and collects.

The revenue from license fees, permit fees, fines, and advertising fees shall be payable to the Director of Finance of the City.

The chair and each other regular member of the Board shall receive an annual salary that: is not less than $28,500; is set in the ordinance of estimates; and includes any cost–of–living increase available to members of the City Council. The substitute member of the Board shall receive an annual salary of $16,000. The chair and each other regular member of the Board are eligible to receive the same health benefits that full–time employees of the Board receive. Subject to subsections (c) through (e) of this section and § 12–207 of this subtitle, the Board shall: employ: a qualified attorney to serve as counsel for the Board in actions seeking judicial review of decisions of the Board; an executive secretary and a deputy executive secretary; and inspectors, clerical staff, and other assistants as are necessary to fulfill the mission of the Board and enforce the alcoholic beverages laws of the State; set the salaries of the employees; and use as needed the advice of the Baltimore City Law Department. The salary for the position of attorney specified in subsection (b)(1)(i) of this section shall be at least the salary assigned to that position on May 30, 2014. For civil service employees, salary levels and adjustments shall conform to the policies of the City’s Board of Estimates, Civil Service Commission, and Department of Human Resources, including the City Union of Baltimore salary scales. In determining the appropriate salary level for an employee, the Board may consider the employee’s length of service, performance, and experience. The executive secretary and the deputy executive secretary shall: be residents of the City; or have served in the City government for a minimum of 5 years immediately preceding their appointment; be of high character and integrity; and be employed on the basis of their executive skill and experience. To the extent practicable, all other employees of the Board shall be residents of the City. Except for the executive secretary and the deputy executive secretary, all employees of the Board: are in the classified civil service of the City; and may be hired and removed only in accordance with the law that governs classified civil service employees of the City. The executive secretary and the deputy executive secretary shall serve at the pleasure of the Board.

In this subsection, “direct or indirect interest” means an interest that is: proprietary; obtained by a loan, mortgage, or lien or in any other manner; or beneficially owned through an investment vehicle, estate, trust, or other intermediary when the beneficiary does not control the intermediary or may supervise or participate in the intermediary’s investment decisions. A member or an employee of the Board may not: have a direct or indirect interest in or on a premises where alcoholic beverages are manufactured, distributed, or sold; have a direct or indirect interest in a business wholly or partly devoted to the manufacture, distribution, or sale of alcoholic beverages; own stock in a corporation that has a direct or indirect interest in: a premises where alcoholic beverages are manufactured, distributed, or sold; or a business wholly or partly devoted to the manufacture, distribution, or sale of alcoholic beverages; receive a salary or other compensation or any other thing of value from a business engaged in the manufacture, distribution, or sale of alcoholic beverages; solicit or receive, directly or indirectly or on behalf of another person, a commission, political contribution, remuneration, or gift from a person engaged in the manufacture, distribution, or sale of alcoholic beverages or an agent or employee of the person; or solicit or receive, directly or indirectly, a commission, remuneration, or gift from: a person engaged in the manufacture, distribution, or sale of alcoholic beverages or an agent or employee of the person; or a license holder. Unless the public office or employment poses a conflict of interest, a member or an employee of the Board may hold any other federal, State, or local public office or employment. A member of the Board who applies for government employment that poses a conflict of interest as determined by the State Ethics Commission shall resign from the Board by a letter addressed to the Governor. If an individual who is a member or an employee of the Board seeks election to an office that would pose a conflict of interest, on filing a certificate of candidacy for election or within 30 days before the filing deadline for the primary election for the office sought, whichever occurs later, the individual shall certify to the City Board of Elections under oath that the individual is no longer a member or an employee of the Board. The certification shall be accompanied by a letter addressed to the Governor containing the resignation of the member from the Board. An employee of the Board shall devote the employee’s whole time and attention to the business of the Board during the hours designated by the Board for the performance of official duties. An employee of the Board may not: engage in an occupation, a business, or a profession that in any way is connected or associated, directly or indirectly, with the manufacture, distribution, or sale of alcoholic beverages; or transact any business beyond the official duties of the employee: with a license holder; or in connection with the operation of an establishment licensed for the manufacture, distribution, or sale of alcoholic beverages. Subject to § 12–206(e)(1) of this subtitle, an employee of the Board who violates this subsection shall be removed. A member or an employee of the Board shall comply with the public ethics laws of the State and the financial disclosure requirements set by the State Ethics Commission. An action of a member or an employee of the Board is subject to State requirements for open or public meetings, including requirements for open sessions under Title 3 of the General Provisions Article.

Subject to paragraph (2) of this subsection, an inspector may examine any identification used as proof of age by an individual to purchase alcoholic beverages. The examination shall be made on the premises of the licensed establishment where the purchase is attempted. An inspector may serve a summons under § 12–2603 of this title.

The Mayor and City Council shall: pay from the general fund of the City that includes revenue from the Board the salaries and expenses of the Board and its employees; and devote the balance of the revenue from the Board to the general purposes of the City.

The Board may adopt regulations to carry out this article. Before the Board may adopt a regulation: the Board shall provide a period of at least 30 days for public comment; and the City Solicitor shall review the regulation to ensure that the regulation complies with the authority granted to the Board by the State. The Board shall publish and post online regulations that the Board adopts and distribute them to the license holders whom the regulations affect. The Board may require a license holder to display prominently in the license holder’s place of business any regulation of the Board or excerpt from this article. At least once every 5 years after October 31, 2015, the Board shall review its regulations to ensure that the regulations comply with: the current policies and practices of the Board; and federal, State, and local law.

At least 3 months before the start of the regular session of the General Assembly each year, the Board shall give notice to the following persons regarding any legislative proposal the Board intends to submit to the City delegation to the General Assembly for introduction as a bill: the Mayor of Baltimore City; the Baltimore City Council; and community and residential groups in the City that have opted to receive notices from the Board.