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Session Laws, 1976
Volume 734, Page 2328   View pdf image
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2328

LAWS OF MARYLAND

Ch. 851

under [twenty-one years of age] 21, except that the age
[shall be eighteen years] IS 18 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] THE
sale, or delivery, is visibly under the influence of any
alcoholic beverage. ANY LICENSEE OF ANY OF HIS EMPLOYEES
WHO IS CHARGED WITH A VIOLATION OF THIS SUBSECTION SHALL
RECEIVE A SUMMONS FOR HIS APPEARANCE IN COURT ON A
CERTAIN DAY TO ANSWER THE CHARGES PLACED AGAINST HIM. The
person charged [hereunder shall] MAY 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] IS guilty of a misdemeanor and upon
conviction [thereof], [shall suffer] SUFFERS the
penalties provided by § 200 of this article[; provided,
however, that]. HOWEVER, any person charged with selling
or furnishing any alcoholic beverages to a minor under
[twenty-one years of age] 21, except that the age [shall
be eighteen years] IS 18 for beer and light wine, [shall]
MAY not be found guilty of a violation of this
subsection, if [such] THE person [established]
ESTABLISHES to the satisfaction of the jury or the court
sitting as a jury, that he used due caution to establish
that [such] THE minor under [twenty—one] 21, or [eighteen
years of age] 18 where beer or light wine is sold or
furnished, was not, in fact a minor under [twenty-one
years of age] 21 if a nonresident of the State, or
[eighteen years of age] 18 where beer or light wine is
sold or furnished, if a nonresident of the State. If, in
either case, the person is a resident of the State of
Maryland, the licensee may accept, as proof of the
person's age, the display of the person's age of majority
identification card as provided for in § 6—602 of Article
66 1/2. If any person shall be found not guilty, or
placed on probation without a verdict, of any alleged
violation of this subsection, [such] THIS finding [shall
operate] OPERATES as a complete bar to any proceeding by
any alcoholic beverage law—enforcement or licensing
authorities on account of [such] THE alleged violation,
provided that the person inducing the sale in question
[shall have] HAS 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 852
(House Bill 2030)

 

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Session Laws, 1976
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