§ 15-106. Kent County (Section contingent upon passage of resolution by Kent County Commissioners.)

   (a) Created; appointment of members; qualifications of members; terms. --

   (1) In Kent County, there is a Board of License Commissioners.

   (2) The Board consists of 3 members.

   (3) The Kent County Commissioners shall appoint the members of the Board.

   (4) To qualify for appointment to the Board, a person:

      (i) Shall be of good moral character and integrity;

      (ii) Shall reasonably reflect the citizenry of the county; and

      (iii) Shall be a registered voter of the county and shall continue to be a registered voter of the county during the person's term of office.

   (5) The term of a member is 4 years.

   (6) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1991.

   (7) A member who is appointed after a term has begun serves only until a successor is appointed and qualifies.

   (8) The Kent County Commissioners may remove a member for:

      (i) Incompetence;

      (ii) Misconduct;

      (iii) Neglect of a duty required by law;

      (iv) Unprofessional conduct; or

      (v) Dishonorable conduct.

   (9) The removal procedure is as provided in this article.

(b) Chairman. -- The Board shall elect a chairman from among its members.

(c) Quorum; compensation. --

   (1) A majority of the members then serving on the Board is a quorum.

   (2) The chairman and members of the Board shall receive an annual compensation of $ 300.

(d) Clerical assistants. -- The Board, with the approval of the County Commissioners, may employ the clerical assistants necessary to carry out the duties of the Board. The salary of the clerical assistants shall be set by the County Commissioners and as provided in the county budget.

(e) Conflicts of interest; penalties. --

   (1) (i) A Commissioner, liquor inspector, or employee of the Board may not:

         1. Have any interest, directly or indirectly, either proprietary or by means of any loan, mortgage, or lien, or in any other manner, in or to any premises where alcoholic beverages are manufactured or sold;

         2. Have any interest, directly or indirectly, in any business wholly or partially devoted to the manufacture or sale of alcoholic beverages; or

         3. Own any stock in any corporation which has any interest, proprietary or otherwise, directly or indirectly, in any premises where alcoholic beverages are manufactured or sold or in any business wholly or partly devoted to the manufacture or sale of alcoholic beverages, or hold any other public office or employment.

      (ii) A Commissioner, liquor inspector, or employee of the Board may not solicit or receive, directly or indirectly, any commission, remuneration, or gift from any person or corporation engaged in the manufacture or sale of beer or other alcoholic beverages, from any licensee, licensed under this article.

      (iii) A person or corporation engaged in the manufacture or sale of beer or other alcoholic beverages, any agent or employee of that person or corporation, and any licensee licensed under this article may not, directly or indirectly, offer to pay any commission, profit or remuneration or make a gift to a Commissioner, liquor inspector, or employee of the Board.

   (2) A violation of this subsection is a misdemeanor punishable by a fine of not more than $ 1,000.

HISTORY: 1989, ch. 5, § 15; 1991, ch. 236; 1997, ch. 14, § 1; 2001, ch. 29, § 6.