446 LAWS OF MARYLAND [CH. 102

Supplement), title "Alcoholic Beverages", sub-title "Restric-
tions Upon Licensees", relating to sales of alcoholic bever-
ages to minors and misrepresentations by minors and other
persons of their ages for the purpose of obtaining alcoholic
beverages AND EXEMPTING CERTAIN COUNTIES
FROM THE CHANGES EMBRACED IN THIS ACT.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 103 of Article 2B of the Annotated Code
of Maryland (1947 Supplement), title "Alcoholic Beverages",
sub-title "Restrictions Upon Licensees", be and the same is
hereby repealed and re-enacted, with amendments, to read as
follows:

103. Sales to Minors and Intoxicated Persons Prohibited.

(a) No licensee under the provisions of this Article, or
any of his employees, shall sell or furnish any alcoholic bever-
ages at any time to a minor under twenty-one 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 such sale, or delivery, is
visibly under the influence of any alcoholic beverage. Any
person violating any of the provisions of this sub-section shall
be guilty of a misdemeanor and upon conviction thereof shall
suffer the penalties provided by Section 170 of this Article;
provided, however, that any person charged with selling or
furnishing any alcoholic beverages to a minor under twenty-
one years of age shall not be found guilty of a violation of
this sub-section, if such person establishes to the satisfaction
of the jury or the court sitting as a jury, that he used due
caution to establish that such minor under twenty-one years
of age was not, in fact, a minor under twenty-one years of
age. If any person shall be found not guilty, or placed on
probation without a verdict, of any alleged violation of this
sub-section, such finding shall operate as a complete bar to
any proceeding by any alcoholic beverage law enforcement or
licensing authorities on account of such alleged violation,
provided that the person inducing the sale in question shall
have been found guilty by a Court or Trial Magistrate under
one of the sections of Article 27 of the Annotated Code of
Maryland numbered 463 to 466, both inclusive.

(b) PROVIDED, HOWEVER, THAT IN ALLEGANY,
FREDERICK, CARROLL, CECIL, HARFORD, SOMERSET,
TALBOT, WICOMICO AND WORCESTER COUNTIES,
NO LICENSEE UNDER THE PROVISIONS OF THIS
ARTICLE, OR ANY OF HIS EMPLOYEES, SHALL SELL
OR FURNISH ANY ALCOHOLIC BEVERAGES AT ANY
TIME TO A MINOR UNDER 21 YEARS OF AGE, EITHER
FOR HIS OWN USE OR FOR THE USE OF ANY OTHER