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Statutes Text

Article - Alcoholic Beverages and Cannabis




§12–207.

    (a)    (1)    In this subsection, “direct or indirect interest” means an interest that is:

            (i)    proprietary;

            (ii)    obtained by a loan, mortgage, or lien or in any other manner; or

            (iii)    beneficially owned through an investment vehicle, estate, trust, or other intermediary when the beneficiary does not control the intermediary or may supervise or participate in the intermediary’s investment decisions.

        (2)    A member or an employee of the Board may not:

            (i)    have a direct or indirect interest in or on a premises where alcoholic beverages are manufactured, distributed, or sold;

            (ii)    have a direct or indirect interest in a business wholly or partly devoted to the manufacture, distribution, or sale of alcoholic beverages;

            (iii)    own stock in a corporation that has a direct or indirect interest in:

                1.    a premises where alcoholic beverages are manufactured, distributed, or sold; or

                2.    a business wholly or partly devoted to the manufacture, distribution, or sale of alcoholic beverages;

            (iv)    receive a salary or other compensation or any other thing of value from a business engaged in the manufacture, distribution, or sale of alcoholic beverages;

            (v)    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

            (vi)    solicit or receive, directly or indirectly, a commission, remuneration, or gift from:

                1.    a person engaged in the manufacture, distribution, or sale of alcoholic beverages or an agent or employee of the person; or

                2.    a license holder.

    (b)    (1)    Unless the public office or employment poses a conflict of interest, a member or an employee of the Board may hold any other federal, State, or local public office or employment.

        (2)    A member of the Board who applies for government employment that poses a conflict of interest as determined by the Baltimore City Board of Ethics shall resign from the Board by a letter addressed to the Governor.

        (3)    (i)    If an individual who is a member or an employee of the Board seeks election to an office that would pose a conflict of interest, on filing a certificate of candidacy for election or within 30 days before the filing deadline for the primary election for the office sought, whichever occurs later, the individual shall certify to the City Board of Elections under oath that the individual is no longer a member or an employee of the Board.

            (ii)    The certification shall be accompanied by a letter addressed to the Governor containing the resignation of the member from the Board.

    (c)    (1)    An employee of the Board shall devote the employee’s whole time and attention to the business of the Board during the hours designated by the Board for the performance of official duties.

        (2)    An employee of the Board may not:

            (i)    engage in an occupation, a business, or a profession that in any way is connected or associated, directly or indirectly, with the manufacture, distribution, or sale of alcoholic beverages; or

            (ii)    transact any business beyond the official duties of the employee:

                1.    with a license holder; or

                2.    in connection with the operation of an establishment licensed for the manufacture, distribution, or sale of alcoholic beverages.

        (3)    Subject to § 12–206(e)(1) of this subtitle, an employee of the Board who violates this subsection shall be removed.

    (d)    (1)    A member or an employee of the Board shall comply with the public ethics laws of the City and the financial disclosure provisions enacted by the Mayor and City Council.

        (2)    An action of a member or an employee of the Board is subject to State requirements for open or public meetings, including requirements for open sessions under Title 3 of the General Provisions Article.



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