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Session Laws, 1978
Volume 736, Page 516   View pdf image
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516

LAWS OF MARYLAND

Ch. 22

OR FLOWER ON THE GROUNDS OF ANY OF THESE INSTITUTIONS.

REVISOR'S NOTE: This section presently appears as Art.
27, §577B.

The term "public institution of elementary,
secondary, or higher education" is substituted
for the present "University of Maryland, or of
any of the State colleges, any community college
or public school".

The only other changes are in style.

26-103. DRINKING OR POSSESSING INTOXICATING BEVERAGES ON
SCHOOL PREMISES.

(A)       PROHIBITED CONDUCT.

(1)    UNLESS LOCALLY APPROVED BY THE COUNTY BOARD
OF EDUCATION, A PERSON MAY NOT DRINK OR POSSESS ANY
ALCOHOLIC BEVERAGE ON THE PREMISES OF ANY PUBLIC SCHOOL.

(2)     A PERSON WHO DRINKS OR POSSESSES ANY
ALCOHOLIC BEVERAGE AND CAUSES A PUBLIC DISTURBANCE AT      ANY
ELEMENTARY OR SECONDARY SCHOOL ATHLETIC CONTEST MAY   NOT
REFUSE TO COMPLY WITH A REQUEST BY A LAW ENFORCEMENT OFFICER
TO STOP DRINKING AND CAUSING THE PUBLIC DISTURBANCE. IF    THE
PERSON COMPLIES WITH THE FIRST REQUEST, HE MAY NOT BE
CHARGED UNDER THIS PARAGRAPH.

(B)   PENALTY.

ANY PERSON WHO VIOLATES ANY PROVISION OF   THIS SECTION

IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS   SUBJECT TO A

FINE NOT EXCEEDING $100, IMPRISONMENT NOT      EXCEEDING 3
MONTHS, OR BOTH.

REVISOR'S NOTE: This combines Art. 27, §§ 122B and
123(b) and (d).

The only real distinctions between those sections
seem to be that: (1) §123(b) applies to both
public and private school events; (2) §123(b)
applies even if the event is not on school
property; (3) §123(b) is limited to athletic
contests; and (4) the penalty for violating
§123(b) is a $50 fine and imprisonment for 60
days, while the penalty for violating §122B is a
$100 fine and 3 months imprisonment.

The revised section combines these two nearly
identical sections, and the only change in
substance is the adoption of the $100 and 3 month
penalty.

The reference in present Art. 27, §123(b) to the
Baltimore City Board of School Commissioners is
deleted as unnecessary in light of the definition

 

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Session Laws, 1978
Volume 736, Page 516   View pdf image
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