Ch. 5

LAWS OF MARYLAND

(a)  (3) A licensee or employee of the licensee violating
any of the provisions of this subsection is guilty of a
misdemeanor [and] AND, upon conviction, suffers the penalties
provided by § 200 of this article. However, a licensee or
employee of the licensee charged with selling or furnishing any
alcoholic beverages to a person under 21 years of age may not be
found guilty of a violation of this subsection, if the person
establishes to the satisfaction of the jury or the court sitting
as a jury[,] that he used due caution to establish that the
person under 21 years of age was not, in fact, a person under 21
years of age if a nonresident of the State. If the person is a
resident of the State of Maryland, the licensee or employee of
the licensee may accept, as proof of a person's age, the display
of the person's driver's license or identification card as
provided for in the Maryland Vehicle Law. If any licensee or
employee of the licensee shall be found not guilty, or placed on
probation without a verdict, of any alleged violation of this
subsection, this finding operates as a complete bar to any
proceeding by any alcoholic beverage law enforcement or licensing
authorities against the licensee on account of the alleged
violation.

DRAFTER'S NOTE:

Error: Omitted and extraneous commas in Article 2B, §
118(a)(3).

Occurred: Prior to the 1957 codification of the
Annotated Code of Maryland.

(b)  (1) A licensee under the provisions of this article, or
any of his employees, in Worcester County, may not sell or
furnish any alcoholic beverages [other than beer or light wine of
14 percent alcohol by volume at any time] to a person under 21
years of age, either for his own use or for the use of any other
person, or to any person who at the time of the sale, or
delivery, is visibly under the influence of alcoholic beverages.

DRAFTER'S NOTE:

Error: Obsolete language in Article 2B, § 118(b)(1).

Occurred: Language became obsolete with the passage
of Chs. 90 and 96, Acts of 1982.

(2) Any licensee or employee of a licensee who is
charged with a violation of this subsection may be proceeded
against in Worcester County either upon a charging document duly
issued by the District Court for Worcester County or by an
indictment duly returned by the grand jury of that county. Any
licensee violating any of the provisions of this subsection is
guilty of a misdemeanor and, upon [conviction] CONVICTION, shall
suffer the penalties provided by § 200 of this article. However,

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