Alabama Code 28-3-40. Composition; qualifications, appointment, term of office and bond of members; conflicts of interest of members, employees, etc., of board; suspension or removal of members; office; meetings; quorum
Terms Used In Alabama Code 28-3-40
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- preceding: means next before. See Alabama Code 1-1-1
- Quorum: The number of legislators that must be present to do business.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
The Alcoholic Beverage Control Board shall consist of three persons, appointed by the Governor with the advice and consent of the Senate, one of whom shall be designated by the Governor to be the chair of the board. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
Each member of the board at the time of his or her appointment and qualification shall be a resident of the State of Alabama and shall have resided in the state for a period of at least 10 years next preceding his or her appointment and qualification, and he or she shall also be a qualified voter therein.
The term of office of each member appointed shall be six years from the time of his or her appointment and qualification and until his or her successor shall qualify. In case any member shall be allowed to hold over after the expiration of his term, his or her successor shall be appointed for the balance of the unexpired term. Vacancies in the board shall be filled by the Governor for the unexpired term. Each member shall be eligible for reappointment in the discretion of the Governor.
No person shall be eligible for appointment or shall hold the office of member of the board or be appointed by the board or hold any office or position under the board who has any connection with any association, firm, person, or corporation engaged in or conducting any alcoholic liquor business of any kind or who holds stocks or bonds therein or who has pecuniary interest therein, nor shall any such person receive any commission or profit whatsoever from, or have any interest whatsoever in any purchase or sales of any alcoholic liquors; provided, however, that if any member of the board is appointed when the Senate is not in session, such member shall hold office until the Senate has had an opportunity to reject or confirm his or her appointment.
Members of the board may be suspended or removed by the Governor at his or her pleasure.
Each member of the board, before entering upon the discharge of his or her duties, shall give bond payable to the State of Alabama, in form approved by the Attorney General, in such penalty as shall be fixed from time to time by the Governor, with some surety or guaranty company duly authorized to do business in Alabama and approved by the Governor, as security, conditioned upon the faithful discharge of his or her duties. The premium of such bond shall be paid by the state and the bonds shall be filed as bonds of other state officers.
The office of the board shall be in the City of Montgomery, Alabama. The board shall meet at such times within the City of Montgomery, Alabama, as the board shall determine and the members thereof shall be entitled to their reasonable expenses and per diem for each meeting so attended. A majority of the members shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the board.