In this subtitle, “Hearing Board” means the Appointed Alcoholic Beverage Hearing Board established under § 23–204 of this subtitle.

There is a Board of License Commissioners for Howard County.

The County Council sits as the Board of License Commissioners. A member of the Board of License Commissioners is subject to the public ethics laws of the county.

There is an Appointed Alcoholic Beverage Hearing Board in the county.

The County Executive shall appoint five members to the Hearing Board subject to confirmation by the County Council in accordance with this section. One member shall be from each councilmanic district. Not more than three members may be registered with the same political party. 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. 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. 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. The County Executive shall appoint to the Hearing Board one individual from the list of nominees that each member of the County Council submits. The County Council by resolution shall confirm the appointment of Hearing Board members. To qualify for appointment as a Hearing Board member, an individual shall be: of good moral character and integrity; a registered voter of the county immediately prior to the appointment; and at least 21 years old. A Hearing Board member: may not hold another public office or be employed by the county government; shall be a registered voter of the county during the Hearing Board member’s term of office; and is subject to the public ethics laws of the county. Except as provided in paragraph (3) of this subsection, a Hearing Board member may not have a direct or indirect interest in: a premises where alcoholic beverages are manufactured or sold; or a business wholly or partly devoted to the manufacture or sale of alcoholic beverages. A Hearing Board member may be a holder of a 1–day or 2–day license. The term of a Hearing Board member is 5 years. The terms of the Hearing Board members are staggered as required by the terms provided for Hearing Board members on July 1, 2016. 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. 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. The County Council may remove a Hearing Board member for: incompetence; misconduct; unprofessional conduct; dishonorable conduct; neglect of a duty required by law; failure to meet the qualifications of subsection (c) of this section; or a violation of subsection (d)(2) of this section.

From among its members, the Hearing Board shall elect a chair.

A majority of the members then serving on the Hearing Board is a quorum. A majority of the authorized membership of the Hearing Board is needed to take action. The Hearing Board shall meet at least once each month. The compensation of the Hearing Board members for the performance of their duties shall be the amount set by the County Council. The compensation for members of the Board of License Commissioners for the performance of their duties shall be: for the chair, $55 per meeting attended, not to exceed $1,300 in a fiscal year regardless of the number of meetings attended; and for each other member of the Board of License Commissioners, $50 per meeting attended, not to exceed $1,200 in a fiscal year regardless of the number of meetings attended. Personnel needed to carry out the duties of the Hearing Board and the Board of License Commissioners shall be: included in the staff of the County Council; and supervised by the County Council Administrator. The County Police Department shall employ inspectors to assist the Hearing Board and the Board of License Commissioners in carrying out their responsibilities and in enforcing the law. An inspector who investigates a license violation may issue a civil citation as provided in § 10–119 of the Criminal Law Article. The Chief of the County Police Department shall have final selection authority over the hiring of the inspectors. An employee of the Hearing Board or the Board of License Commissioners is subject to the public ethics laws of the county. The Hearing Board and the Board of License Commissioners shall submit an annual budget request to the County Council not later than January 15 in each year for the ensuing fiscal year. The budget request shall include: salaries for the Hearing Board chair and other Hearing Board members; compensation of personnel assigned to the Hearing Board; and expenses for office supplies, equipment, and services to carry out the responsibilities of the Hearing Board. The County Council shall: review the budget request; and submit a budget for the Hearing Board and the Board of License Commissioners to the County Executive in the amount that the County Council determines is adequate to support the duties and responsibilities of the Hearing Board and the Board of License Commissioners. The County Executive shall include the budget for the Hearing Board and the Board of License Commissioners as submitted by the County Council in the county budget that is prepared in accordance with Article VI of the Howard County Charter.

Except as provided in subsection (c) of this section, the Board of License Commissioners shall delegate to the Hearing Board the authority to hold hearings and decide cases involving a license holder. The Hearing Board shall give the Board of License Commissioners regular and prompt notice of the filing of each: application for a license or change in license; and petition alleging that a violation of an alcoholic beverages law has occurred. After giving notice to the Hearing Board and the applicant or license holder, the Board of License Commissioners may exercise original jurisdiction for and hear a case that is before the Hearing Board if the Board of License Commissioners determines that exercising original jurisdiction is desirable and in the public interest. After the Hearing Board proposes a decision regarding a case before it, a party, another participant in the matter, or another person who would be aggrieved by the decision may request that the Board of License Commissioners hold a hearing and make a final decision. A person that makes a request to the Board of License Commissioners under this subsection shall: make the request in writing; include a copy of the proposed decision and order of the Hearing Board; state the reasons why the person believes that the proposed decision or order is wrong; and send a copy of the request and accompanying materials to all other parties to the case. If a request is submitted to the Board of License Commissioners, the proposed decision of the Hearing Board is stayed until resolution of the case by the Board of License Commissioners. After a request for a hearing is submitted to the Board of License Commissioners, any other party to the proceeding may submit to the Board of License Commissioners a response stating why the proposed decision and order by the Hearing Board should be upheld. After the deadline to file a response to a request for a hearing, the Board of License Commissioners shall: schedule a public meeting to decide whether to hear the case; and notify the parties of the meeting date. The proposed decision of the Hearing Board becomes final if: a request for a hearing is not submitted to the Board of License Commissioners on or before the deadline for a request; or the Board decides not to hear the case. After deciding to hear a case, the Board of License Commissioners shall: schedule a de novo hearing at which the Board of License Commissioners may hear witnesses; and notify the parties of the hearing date. After the close of the hearing record, the Board of License Commissioners shall issue a final decision to the parties.

The Board of License Commissioners or the Hearing Board may issue licenses. The county shall: pay from the license fee receipts the salaries and expenses of the Board of License Commissioners; and devote the balance of the receipts to the general purposes of the county.

The Hearing Board shall: propose regulations to enable it to carry out its duties, including the issuance of licenses; and submit the proposed regulations to the Board of License Commissioners for approval. The Board of License Commissioners may adopt regulations to carry out this article.