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<section article="gab" article_name="Alcoholic Beverages and Cannabis" number="26-202" title_number="26" title_name="Prince George's County" subtitle_number="2" subtitle_name="Board of License Commissioners">
  <level label="a">
    <level label="1">
      <text>The County Executive shall appoint five members to the Board subject to confirmation by the Senate.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>If a candidate is nominated for the Board and is not confirmed by the Senate during the following session:</text>
        <level label="1">
          <text>the seat shall be declared vacant; and</text>
        </level>
        <level label="2">
          <text>the County Executive shall nominate an individual to fill the vacancy.</text>
        </level>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A member shall be:</text>
      <level label="i">
        <text>a resident and voter of the county; and</text>
      </level>
      <level label="ii">
        <text>a person of high character and integrity.</text>
      </level>
    </level>
    <level label="2">
      <text>Each member of the Board shall have:</text>
      <level label="i">
        <text>legal experience;</text>
      </level>
      <level label="ii">
        <text>public safety experience;</text>
      </level>
      <level label="iii">
        <text>regulatory experience; or</text>
      </level>
      <level label="iv">
        <text>management experience.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>A member of the Board may not:</text>
      <level label="i">
        <text>have a direct or indirect interest in or on a premises in the State where alcoholic beverages are manufactured or sold;</text>
      </level>
      <level label="ii">
        <text>have a direct or indirect interest in a business wholly or partly devoted to the manufacture or sale of alcoholic beverages in the State;</text>
      </level>
      <level label="iii">
        <text>own stock in:</text>
        <level label="1">
          <text>a corporation that has a direct or indirect interest in a premises in the State where alcoholic beverages are manufactured or sold; or</text>
        </level>
        <level label="2">
          <text>a business wholly or partly devoted to the manufacture or sale of alcoholic beverages in the State;</text>
        </level>
      </level>
      <level label="iv">
        <text>solicit or receive a commission, remuneration, or gift from:</text>
        <level label="1">
          <text>a person engaged in the manufacture or sale of alcoholic beverages or an agent or employee of the person; or</text>
        </level>
        <level label="2">
          <text>a license holder;</text>
        </level>
      </level>
      <level label="v">
        <text>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</text>
      </level>
      <level label="vi">
        <text>solicit or receive, directly or indirectly, a commission, remuneration, or gift from a license holder.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “candidate”, “contribution”, and “political committee” have the meanings stated in § 1–101 of the Election Law Article.</text>
    </level>
    <level label="2">
      <text>A member of the Board may not solicit or transmit a contribution for the benefit of a candidate or political committee from:</text>
      <level label="i">
        <text>a person engaged in the sale of alcoholic beverages in the county or an agent or employee of the person; or</text>
      </level>
      <level label="ii">
        <text>a license holder.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The term of a member is 3 years.</text>
    </level>
    <level label="2">
      <text>The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.</text>
    </level>
    <level label="3">
      <text>A member may not be appointed to more than three terms.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>An appointment made to fill a vacancy is subject to a confirmation hearing by the Senate under subsection (a) of this section.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>The County Executive may remove a member for misconduct in office, incompetence, or willful neglect of duty.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>A member of the Board may not serve in any other position of public office.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>The certification shall be accompanied by a letter addressed to the County Executive containing the resignation of the member from the Board.</text>
      </level>
    </level>
  </level>
</section>
