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2007 Laws of Maryland
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Ch. 371
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(III) [nor in] THE BOARD OF LICENSE COMMISSIONERS OF
Kent County, [the remedies provided in] UNDER § 15-112(p) of this article.
12-108.
(a) (1) A licensee licensed under this article, or any employee of the
licensee, may not sell or furnish any alcoholic beverages at any time to a person under
21 years of age:
(i) For the underage person's own use or for the use of any
other person: or
(ii) To any person who, at the time of the sale, or delivery, is
visibly under the influence of any alcoholic beverage.
(2) Any licensee or any employee of the licensee who is charged with a
violation of this subsection shall receive a summons to appear in court on a certain day
to answer the charges placed against that person. The person charged may not be
required to post bail bond pending trial in any court of this State.
(3) (i) A licensee or employee of the licensee violating any of the
provisions of this subsection is guilty of a misdemeanor and, upon conviction, suffers
the penalties provided by § 16-503 of this article.
(ii) A licensee or employee of the licensee who is 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 the person 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.
(iii) The licensee or employee of the licensee may accept, as proof
of a person's age:
1. If the person is a resident of the State, the person's
driver's license or identification card as provided for in the Maryland Vehicle Law: or
2. A United States military identification card.
(iv) Except as otherwise provided in this section, if any licensee
or employee of the licensee is 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 bv any alcoholic beverage law enforcement or licensing
authorities against the licensee on account of the alleged violation.
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- 2334 -
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