<?xml version='1.0' encoding='utf-8'?>
<section article="gab" article_name="Alcoholic Beverages and Cannabis" number="23-205" title_number="23" title_name="Howard County" subtitle_number="2" subtitle_name="Board of License Commissioners; Appointed Alcoholic Beverage Hearing Board">
  <level label="a">
    <level label="1">
      <text>The County Executive shall appoint five members to the Hearing Board subject to confirmation by the County Council in accordance with this section.</text>
    </level>
    <level label="2">
      <text>One member shall be from each councilmanic district.</text>
    </level>
    <level label="3">
      <text>Not more than three members may be registered with the same political party.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The County Executive shall appoint to the Hearing Board one individual from the list of nominees that each member of the County Council submits.</text>
    </level>
    <level label="3">
      <text>The County Council by resolution shall confirm the appointment of Hearing Board members.</text>
    </level>
  </level>
  <level label="c">
    <text>To qualify for appointment as a Hearing Board member, an individual shall be:</text>
    <level label="1">
      <text>of good moral character and integrity;</text>
    </level>
    <level label="2">
      <text>a registered voter of the county immediately prior to the appointment; and</text>
    </level>
    <level label="3">
      <text>at least 21 years old.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A Hearing Board member:</text>
      <level label="i">
        <text>may not hold another public office or be employed by the county government;</text>
      </level>
      <level label="ii">
        <text>shall be a registered voter of the county during the Hearing Board member’s term of office; and</text>
      </level>
      <level label="iii">
        <text>is subject to the public ethics laws of the county.</text>
      </level>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, a Hearing Board member may not have a direct or indirect interest in:</text>
      <level label="i">
        <text>a premises where alcoholic beverages are manufactured or sold; or</text>
      </level>
      <level label="ii">
        <text>a business wholly or partly devoted to the manufacture or sale of alcoholic beverages.</text>
      </level>
    </level>
    <level label="3">
      <text>A Hearing Board member may be a holder of a 1–day or 2–day license.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The term of a Hearing Board member is 5 years.</text>
    </level>
    <level label="2">
      <text>The terms of the Hearing Board members are staggered as required by the terms provided for Hearing Board members on July 1, 2016.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <text>The County Council may remove a Hearing Board member for:</text>
    <level label="1">
      <text>incompetence;</text>
    </level>
    <level label="2">
      <text>misconduct;</text>
    </level>
    <level label="3">
      <text>unprofessional conduct;</text>
    </level>
    <level label="4">
      <text>dishonorable conduct;</text>
    </level>
    <level label="5">
      <text>neglect of a duty required by law;</text>
    </level>
    <level label="6">
      <text>failure to meet the qualifications of subsection (c) of this section; or</text>
    </level>
    <level label="7">
      <text>a violation of subsection (d)(2) of this section.</text>
    </level>
  </level>
</section>
