There is a Board of License Commissioners for Prince George’s County.

The County Executive shall appoint five members to the Board subject to confirmation by the Senate. Within 60 days after nomination by the County Executive and not less than 7 days before a confirmation vote on a nominee is scheduled, the Prince George’s County Senate Delegation shall hold a public confirmation hearing for an individual nominated to the Board. If a candidate is nominated for the Board and is not confirmed by the Senate during the following session: the seat shall be declared vacant; and the County Executive shall nominate an individual to fill the vacancy. A candidate who is not confirmed by the Senate may be renominated by the County Executive and confirmed by the Senate only during the following session. A member shall be: a resident and voter of the county; and a person of high character and integrity. Each member of the Board shall have: legal experience; public safety experience; regulatory experience; or management experience. When evaluating an applicant for membership on the Board, the County Executive shall consider the need for geographic, political, racial, ethnic, and gender diversity on the Board. In this subsection, “direct or indirect interest” means an interest that is proprietary or obtained by a loan, mortgage, or lien, or in any other manner. A member of the Board may not: have a direct or indirect interest in or on a premises in the State where alcoholic beverages are manufactured or sold; have a direct or indirect interest in a business wholly or partly devoted to the manufacture or sale of alcoholic beverages in the State; own stock in: a corporation that has a direct or indirect interest in a premises in the State where alcoholic beverages are manufactured or sold; or a business wholly or partly devoted to the manufacture or sale of alcoholic beverages in the State; solicit or receive a commission, remuneration, or gift from: a person engaged in the manufacture or sale of alcoholic beverages or an agent or employee of the person; or a license holder; 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 license holder. In this subsection, “candidate”, “contribution”, and “political committee” have the meanings stated in § 1–101 of the Election Law Article. A member of the Board may not solicit or transmit a contribution for the benefit of a candidate or political committee from: a person engaged in the sale of alcoholic beverages in the county or an agent or employee of the person; or a license holder. The term of a member is 3 years. The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016. A member may not be appointed to more than three terms. The County Executive shall appoint an eligible individual to fill a vacancy during the remainder of the term of office of the individual originally appointed in accordance with subsection (a) of this section. 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. An appointment made to fill a vacancy is subject to a confirmation hearing by the Senate under subsection (a) of this section. The County Executive may remove a member for misconduct in office, incompetence, or willful neglect of duty. The County Executive shall give a member who is charged 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 County Executive shall file with the Office of the Secretary of State a statement of charges against the member and the County Executive’s findings on the charges. If a member of the Board stops residing in or being a registered voter of the county, the member shall immediately forfeit the office as a license commissioner for the county. A member of the Board may not serve in any other position of public office. On filing a certificate of candidacy for election to a public office or within 30 days before the filing deadline for the primary election for the public office sought, whichever occurs later, a member of the Board shall certify to the County Board of Elections under oath that the individual is no longer a member of the Board. The certification shall be accompanied by a letter addressed to the County Executive containing the resignation of the member from the Board.

In making the appointments, the County Executive shall designate a chair from among the members of the Board.

The Board shall meet at least twice each month. The chair of the Board shall receive a salary of $22,000 annually. Each other member of the Board shall receive a salary of $20,000 annually. The chair and each other member of the Board are eligible for: all county health benefits; and membership in and retirement benefits of the State Retirement and Pension System. The health benefits under paragraph (2)(i) of this subsection include hospitalization, vision care, prescriptions, dental care, life insurance, and expense reimbursement.

Subject to this section and § 26–206 of this subtitle, the director may: employ: a secretary; inspectors; and clerical and other assistants as are necessary; and set the compensation of the employees in accordance with the county’s classification plan. The Board shall appoint a director. The director shall serve at the will of the Board and devote full time to the duties of the Board. The director may receive a salary as determined by the County Executive and as provided in the county budget. The director is eligible to participate in the county’s supplemental retirement plan. The director shall follow the requirements of Subtitle 16 of the Prince George’s County Code while hiring any employees under subsection (a) of this section. The Board shall appoint an attorney who shall receive a salary as provided in the county budget. The restrictions under § 26–202(c) and (d) of this subtitle regarding direct and indirect interests of members of the Board in alcoholic beverages activities and soliciting or transmitting political contributions for the benefit of a candidate or political committee apply to employees of the Board. An employee of the Board: shall devote full time to the business of the Board during the hours designated by the Board for the performance of the employee’s official duties; may not engage in an occupation, business, or profession connected to or associated with the manufacture or sale of alcoholic beverages; and may not transact business beyond the employee’s official duties: with a license holder; or in connection with the operation of an establishment licensed for the manufacture or sale of alcoholic beverages. An employee of the Board who violates this section shall be removed. On the submission by the Board of an annual budget, the County Council shall pay for all expenses of the Board as contained in the county budget. In the budget, the salaries of the members shall be as set forth under § 26–204 of this subtitle.

The director shall appoint all of the Board’s inspectors. An inspector: has all the powers of a peace officer or sheriff in the State arising out of or relating to the enforcement of this article; may issue a civil citation under § 26–2603 of this title; and has the authority to order that an unlicensed establishment be closed immediately under § 26–2501 of this title. An inspector shall: visit and inspect periodically every licensed premises; and carry out other duties that the Board requires. Inspectors are subject to the restrictions under: § 26–202(c) and (d) of this subtitle regarding direct and indirect interests of members of the Board in alcoholic beverages activities and soliciting or transmitting political contributions for the benefit of a candidate or political committee; and § 26–205(d) of this subtitle requiring an employee to devote full time to the business of the Board, prohibiting certain activities, and requiring removal for violation of those requirements and prohibitions. An inspector shall take the oath required by Article I, § 9 of the Maryland Constitution. There are up to three full–time inspectors and up to 24 part–time inspectors of the Board as provided in the county budget. To be a full–time or part–time inspector, an individual shall be a resident of the county. From the full–time inspectors, the Board shall designate annually a chief inspector and two deputy chief inspectors. Under the direction of the Board, the chief inspector shall regulate the duties, hours, and assignments of the inspectors. The full–time inspectors who are certified by the personnel director as meeting the standards that the county merit board sets out are included in the county merit system. A part–time inspector shall receive a salary as provided in the county budget.

A member of the Board is subject to the restrictions on earned income that a filed candidate for election to the General Assembly, a member–elect of the General Assembly, and a member of the General Assembly are subject to under § 5–514(a)(1) of the General Provisions Article. The Prince George’s County Board of Ethics may exempt a member of the Board from the provisions of paragraph (1) of this subsection in the same manner that the Joint Ethics Committee may exempt an individual from § 5–514(a)(1) of the General Provisions Article. An action of a member, an inspector, or an employee of the Board is subject to State requirements of the Public Information Act under Title 4 of the General Provisions Article.

The Director of Finance shall collect fees for the County Executive and County Council. The County Executive and County Council shall: use the fees collected to pay: refunds issued in accordance with § 26–1410 of this title; and the salaries and expenses of the Board as provided in § 26–205 of this subtitle; and credit the balance of the fees collected to the general fund of the county.

In addition to any powers set forth elsewhere in this article, the Board may adopt regulations: regarding the presence of any individual under the age of 21 years on a premises licensed to sell alcoholic beverages; regarding licensed premises and the conduct of business by license holders and their employees in relation to the sale and consumption of alcoholic beverages; to require the maintenance of records on the licensed premises by the license holder containing the names, addresses and ages of all individuals employed by the license holder on the premises; and to maintain standards for sanitation and health, including provisions for: adequate and sanitary facilities for consumption of alcoholic beverages; safe water and plumbing facilities; proper utensil cleaning and storage; refuse disposal and rodent control; and the preparation and service of meals or other food with alcoholic beverages; and to otherwise carry out this article.

All members, employees, and inspectors of the Board are subject to the county’s public ethics laws enacted under § 5–807 of the General Provisions Article to the same extent as a local official of the county. A person may file a complaint with the county’s Office of Ethics and Accountability if the person believes that a member, an employee, or an inspector of the Board has violated: any provision of civil or criminal law, including laws against bribery, in connection with the performance of the duties of the member, employee, or inspector; or any provision of the county’s public ethics laws. If a complaint is filed under paragraph (1) of this subsection, the county’s Office of Ethics and Accountability shall: investigate the complaint; and if appropriate, refer the complaint to the State’s Attorney of the county for criminal prosecution.