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Session Laws, 1972
Volume 708, Page 542   View pdf image
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542                              Laws of Maryland                      [Ch. 181

warrant shall be issued for violations of this subtitle nor shall t] The
person charged hereunder shall not be required to post bail bond pend-
ing trial in any court of this State. Any person violating any of the
provisions of this subsection shall be guilty of a misdemeanor and
upon conviction thereof, shall suffer the penalties provided by § 200
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 subsection, if such person establishes to the satisfaction of the
jury or the court sitting as a jury, that he used due caution to estab-
lish 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 subsection, 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 400 to 403,
both inclusive.

(a-1) Worcester County.—No licensee under the provisions of
this article, or any of his employees, in Worcester County, shall sell or
furnish any alcoholic beverages 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 alcoholic beverages. Any licensee or
employee of a licensee who is to be charged with a violation of this
offense may be proceeded against in Worcester County either upon a
warrant [duly issued by a trial magistrate for Worcester County]
or by an indictment duly returned by the grand jury of said county.
Any person violating any of the provisions of this subsection shall be
guilty of a misdemeanor and, upon the conviction thereof, shall
suffer the penalties provided by § 200 of this article. However, any
person charged with selling or furnishing alcoholic beverages to a
minor under twenty-one years of age shall not be found guilty of a
violation of this subsection if such person establishes to the satisfac-
tion of the jury or 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 licensee shall be
found not guilty, or placed on probation without a verdict, of any
alleged violation of this subsection, such finding shall operate as a
complete bar to any proceeding by any alcoholic beverage law en-
forcement or licensing authorities on account of such violation. This
subsection shall apply solely to Worcester County and shall stand in
place and stead of subsection 118 (a) of this article as said subsection
applies generally to the counties of this State.

(c) Possession by minors—Talbot and Howard counties.—In Tal-
bot and Howard counties, it shall be unlawful for any minor under
the age of twenty-one years to possess or have upon his person any
alcoholic beverages. The word minor shall apply to every person
under twenty-one years of age, except to bona fide employees in the
course of their employment and whose employment is not prohibited
by this article. Any minor having such alcoholic beverages in his
possession as aforesaid shall upon conviction be deemed guilty of a
misdemeanor and shall be fined not more than fifty dollars ($50.00).

 

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Session Laws, 1972
Volume 708, Page 542   View pdf image
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