Ch. 795                          MARVIN MANDEL, Governor                              1653

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 118 (a) and 118(h) of Article 2B of the Annotated
Code of Maryland (1968 Replacement Volume and 1972 Supplement), title
"Alcoholic Beverages," subtitle "Restrictions upon Licensees," be and they are
hereby repealed and re-enacted, with amendments, to read as follows:

118.

(a) 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 twenty-one
years of age, EXCEPT THAT IN MONTGOMERY AND PRINCE GEORGE'S
[[COUNTY]] COUNTIES THE AGE SHALL BE EIGHTEEN YEARS FOR
BEER AND LIGHT WINE, 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. The person charged hereunder shall not be
required to post bail bond pending 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, EXCEPT IN
MONTGOMERY AND PRINCE GEORGE'S [[COUNTY]] COUNTIES
WHERE THE AGE SHALL BE EIGHTEEN YEARS FOR BEER AND
LIGHT WINE, 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 establish that such minor under twenty-one, OR
EIGHTEEN years of age IN MONTGOMERY AND PRINCE. GEORGE'S
[[COUNTY]] COUNTIES WHERE BEER OR LIGHT WINE IS SOLD OR
FURNISHED, was not, in fact a minor under twenty-one, OR EIGHTEEN years
of age IN MONTGOMERY AND PRINCE GEORGE'S [[COUNTY]]
COUNTIES WHERE BEER OR LIGHT WINE IS SOLD OR FURNISHED.
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 under one of the
sections of Article 27 of the Annotated Code of Maryland numbered 400 to 403,
both inclusive.

(h) In Montgomery AND PRINCE GEORGE'S [[County]] COUNTIES it
shall be unlawful for any person to sell or to give to minors any alcoholic
beverages OTHER THAN BEER OR LIGHT WINE or to keep ingredients,
materials or instrumentalities with intent to manufacture alcoholic beverages
OTHER THAN BEER OR LIGHT WINE for sale or gift to minors. IT SHALL
BE UNLAWFUL FOR ANY PERSON TO SELL OR TO GIVE BEER OR
LIGHT WINE TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE OR
TO KEEP INGREDIENTS, MATERIALS OR INSTRUMENTALITIES
WITH INTENT TO MANUFACTURE BEER OR LIGHT WINE FOR SALE
OR GIFT TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE. Any
person violating any of the provisions of this subsection shall be guilty of a
misdemeanor and, upon conviction thereof, shall suffer the penalties [provides]
PROVIDED by § 200 of this article.

SECTION 2. AND BE IT FURTHER ENACTED, That Sections 400, 401
and 403 of Article 27 of the Annotated Code of Maryland (1971 Replacement
Volume), title "Crimes and Punishments," subtitle "I. Crimes and Punishments,"
subheading "Minors-Obtaining Liquor," be and they are hereby repealed and
re-enacted, with amendments, to read as follows: