HARRY HUGHES,, Governor

1231

the time of the sale, or delivery, is visibly under the
influence of any alcoholic beverage. Any licensee or 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 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 is guilty
of a misdemeanor and upon conviction, suffers the penalties
provided by § 200 of this article. However, any person
charged with selling or furnishing any alcoholic beverages
to a [minor] PERSON under 21, AND IN THE CASE OF BEER AND
LIGHT WINE TO A PERSON NOT DESIGNATED UNDER § 2(T)(2) OF
THIS ARTICLE [except that the age is 18 for beer and light
wine], may not be found guilty of a violation of this
subsection, if the person establishes to the satisfaction of
the jury or the court sitting as a jury, that he used due
caution to establish that the [minor] PERSON under 21[, or
18 where beer or light wine is sold or furnished], OR A
PERSON NOT DESIGNATED UNDER § 2(T)(2) OF THIS ARTICLE WHERE
BEER OR LIGHT WINE IS SOLD OR FURNISHED was not, in fact, a
[minor] PERSON under 21 if a nonresident of the State[, or
18 where beer or light wine is sold or furnished, if a
nonresident of the State] OR A PERSON NOT DESIGNATED UNDER §
2(T)(2) OF THIS ARTICLE WHERE BEER OR LIGHT WINE IS
FURNISHED. If, in either case, the person is a resident of
the State of Maryland, the licensee may accept, as proof of
a person's age, the display of the person's age of majority
identification card as provided for in the Maryland Vehicle
Law. If any person [shall be] IS found not guilty, or
placed on probation without a verdict, of any alleged
violation of this subsection, this finding operates as a
complete bar to any proceeding by any alcoholic beverage
law-enforcement or licensing authorities on account of the
alleged violation, provided that the person inducing the
sale in question 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.

(a-1) (1) A licensee under the provisions of this
article, or any of his employees, in Worcester County, may
not sell or furnish any alcoholic beverages other than beer
or light wine of 14 percent alcohol by volume at any time to
a person under 21 years of age, or beer and light wine to
any person [under 18 years of age] NOT DESIGNATED UNDER §
2(T)(2) OF THIS ARTICLE, either for his own use or for the
use of any other person, or to any person who at the time of
the sale, or delivery, is visibly under the influence of
alcoholic beverages.

(2) Any licensee or employee of a licensee who
is charged with a violation of this offense may 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 that