4-111

4-111. State liquor board; department of liquor
licenses and control; members; director; appointment and
removal

A. There is created the department of liquor licenses and control which consists of
the state liquor board and the office of director of the department.

B. From and after January 31, 2003, the board consists of seven members to be
appointed by the governor pursuant to section 38-211. Five of the members of the board
shall not be financially interested directly or indirectly in business licensed to deal
with spirituous liquors. Two members shall currently be engaged in business in the
spirituous liquor industry or have been engaged in the past in business in the spirituous
liquor industry, at least one of whom shall currently be a retail licensee or employee of
a retail licensee. One member shall be a member of a neighborhood association recognized
by a county, city or town. The term of members is three years. Members' terms expire on
the third Monday in January of the appropriate year. The governor may remove any member
of the board for cause. No member may represent a licensee before the board or the
department for a period of one year after the conclusion of the member's service on the
board.

C. The board shall annually elect from its membership a chairman and vice-chairman.
A majority of the board constitutes a quorum, and a concurrence of a majority of a quorum
is sufficient for taking any action. If there are unfilled positions on the board, a
majority of those persons appointed and serving on the board constitutes a quorum.

D. The chairman may designate panels of not less than three members. A panel may
take any action which the board is authorized to take pursuant to this title. Such
action includes the ability to hold hearings and hear appeals of administrative
disciplinary proceedings of licenses issued pursuant to this chapter. A panel shall not,
however, adopt rules as provided in section 4-112, subsection A, paragraph 2. The
chairman may from time to time add additional members or remove members from a panel. A
majority of a panel may upon the concurrence of a majority of the members of the panel
take final action on hearings and appeals of administrative disciplinary proceedings
concerning licenses issued pursuant to this chapter.

E. Members of the board are entitled to receive compensation at the rate of fifty
dollars per day while engaged in the business of the board.

F. A person shall not be appointed to serve on the board unless the person has been
a resident of this state for not less than five years prior to the person's
appointment. No more than four members may be of the same political party. Persons
eligible for appointment shall have a continuous recorded registration pursuant to title
16, chapter 1 with the same political party or as an independent for at least two years
immediately preceding appointment. No more than two members may be appointed from the
same county.

G. The governor shall appoint the director, pursuant to section 38-211, who shall
be a qualified elector of the state and experienced in administrative matters and
enforcement procedures. The director shall serve concurrently with the governor but may
be removed by the governor for any of the following causes:

1. Fraud in securing appointment.

2. Incompetency.

3. Inefficiency.

4. Inexcusable neglect of duty.

5. Insubordination.

6. Dishonesty.

7. Drunkenness on duty.

8. Addiction to the use of narcotics or habit-forming drugs.

9. Inexcusable absence without leave.

10. Final conviction of a felony or a misdemeanor involving moral turpitude.

11. Discourteous treatment of the public.

12. Improper political activity.

13. Wilful disobedience.

14. Misuse of state property.

H. The director is entitled to receive a salary as determined pursuant to section
38-611.