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Statutes Text

Article - Alcoholic Beverages and Cannabis




§12–202.

    (a)    (1)    The Mayor shall appoint two regular members to the Board and the President of the City Council shall appoint one regular member and one substitute member to the Board.

        (2)    The appointments shall be made:

            (i)    if the Senate is in session, with the advice and consent of the Senate; or

            (ii)    if the Senate is not in session, by the Mayor or President of the City Council subject to the advice and consent of the Senate when the Senate next convenes.

    (b)    (1)    Each member of the Board shall be:

            (i)    a resident and voter of the City; and

            (ii)    an individual of high character and integrity and of recognized business capacity.

        (2)    At least one member of the Board shall be a member of the Bar of the Supreme Court of Maryland.

        (3)    When evaluating an applicant for membership on the Board, the Mayor and the President of the City Council shall consider the need for geographic, political, racial, ethnic, cultural, and gender diversity on the Board.

    (c)    The substitute member may serve on the Board if a regular member is absent or recused.

    (d)    (1)    The term of a member is 2 years and begins on July 1.

        (2)    The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.

        (3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.

        (4)    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.

    (e)    (1)    To fill a vacancy that occurs during the term of office, an eligible individual shall be appointed by:

            (i)    the Mayor, if the vacancy occurs during the term of office of an individual originally appointed by the Mayor; or

            (ii)    the President of the City Council, if the vacancy occurs during the term of office of an individual originally appointed by the President of the City Council.

        (2)    An appointment under paragraph (1) of this subsection shall be made within 15 days after the vacancy occurs.

        (3)    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.

    (f)    (1)    The Mayor or President of the City Council may remove a member for misconduct in office, incompetence, or willful neglect of duty.

        (2)    In this subsection, “appointing officer” means the Mayor or the President of the City Council.

        (3)    A member who is charged shall be given by the appointing officer who appointed the member 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.

        (4)    If a member is removed, the appointing officer who removed the member shall file with the Office of the Secretary of State a statement of charges against the member and the appointing officer’s findings made on the charges.



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