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Session Laws, 1939
Volume 581, Page 1573   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1573

alcohol by volume than is permitted under the provisions of
said Section 421A shall be guilty of a misdemeanor, and upon
conviction thereof by a court of competent jurisdiction, be pun-
ishable by a fine of not less than Two Hundred and Fifty
Dollars ($250. 00) nor more than One Thousand Dollars
($1, 000. 00), or imprisonment in jail not to exceed one year, or
both fine and imprisonment in the discretion of the court, and
in the case of a licensee having liquor in his possession as
above mentioned, the license of such licensee shall be immedi-
ately revoked by the Board.

4SP. If the Sheriff or Deputy Sheriff of Harford County,
or a duly appointed Constable or City or Town Officer, or any
other person, has reason to believe that any licensee referred to
in the preceding section has in his, their or its possession at the
place the business of such licensee is conducted any alcoholic
beverage containing more than fourteen per centum (14%) of
alcohol by volume, it shall be the duty of said officers or other
person to go before a Judge of the Circuit Court for Harford
County or a Justice of the Peace of Harford County and make
affidavit of such fact; said Judge or Justice will thereupon issue
a search warrant against the licensee so complained of, directed
to one of the Peace Officers above mentioned, commanding him
to proceed at once and search for said alcoholic beverages con-
taining more than fourteen percentum (14%) of alcohol by
volume alleged to be on the premises of a licensee as aforesaid,
and upon finding the same to seize and take possession thereof
and keep it until further order by the Judge or Justice. The
said warrant shall be returnable within forty-eight hours
from the date of issue; provided, however, that if the
said officer has reason to believe that alcoholic beverages con-
taining more than fourteen percentum (14%) of alcohol by
volume, is in possession in violation of the provisions of this
Act, and in his opinion it is not possible or practicable to se-
cure a search warrant in time to seize the same so in pos-
session, then he may, without a warrant, examine the premises
occupied by said licensee and may seize any of said alcoholic
beverages so found in possession of such licensee; and pro-
vided that this section shall not authorize entering a dwelling
house without first procuring a search warrant, except where
a licensee conducts his, her, their or its business in a dwelling
house or in a building connected with a dwelling house. Any
alcoholic beverage containing more than fourteen percentum
(14%) of alcohol by volume found by any of the above men-
tioned officers as a result of a search as authorized under the
provisions of this section may be used as evidence against any
licensee referred to in Section 48-O of this Act.


 

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Session Laws, 1939
Volume 581, Page 1573   View pdf image (33K)
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