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Session Laws, 1974
Volume 713, Page 2809   View pdf image
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MARVIN MANDEL, Governor                              2809

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 counties where] THAT 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
established 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 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 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.

(a—1) No licensee under the provisions of this
article, or any of his employees, in Worcester County,
shall sell or furnish any alcoholic beverages OTHER THAN
BEER OR LIGHT WINE at any time to a minor under
twenty-one years of age, OR BEER AND LIGHT WINE TO ANY
PERSON UNDER EIGHTEEN 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 Bay be proceeded against in
Worcester County either upon a charging document duly
issued by the District Court 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] AN UNDERAGED
PERSON shall not be found guilty of a violation of this
subsection if such person establishes to the satisfaction

 

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Session Laws, 1974
Volume 713, Page 2809   View pdf image
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