1232

LAWS OF MARYLAND

Ch. 96

county. Any person violating any of the provisions of this
subsection is guilty of a misdemeanor and, upon conviction
shall suffer the penalties provided by § 200 of this
article. However, any person charged with selling or
furnishing alcoholic beverages to an underaged person may
not be found guilty of a violation of this subsection if the
person establishes to the satisfaction of the jury or court
sitting as a jury that he used due caution to establish that
the person was not, in fact underaged. This subsection
applies solely to Worcester County and stands in place and
stead of subsection 118(a) of this article as the subsection
applies generally to the counties of this State.

(b)  Provided, however, that in Somerset, Talbot, and
Wicomico counties, [no] A licensee under the provisions of
this article, or any of his employees, [shall] MAY NOT sell
or furnish any alcoholic beverages other than beer and light
wine at any time to a [minor] PERSON under 21 years of age,
or beer and light wine to any person [under 18] 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 [such] sale, or delivery, is visibly
under the influence of any alcoholic beverage. It is hereby
expressed to be the legislative intent that the provisions
of subsection (a) of this section [shall] DO not apply to
Somerset, Talbot, and Wicomico counties and the law in these
[above mentioned] counties [shall remain] REMAINS in the
same force and effect as if not amended by this section.

(c)  (1) In Talbot and Howard counties, it [shall be]
IS unlawful for any [minor] PERSON under the age of
[twenty-one] 21 years to possess or have [upon] ON his
person any alcoholic beverages other than beer and light
wine and for any person [under eighteen years] NOT
DESIGNATED UNDER § 2(T)(2) OF THIS ARTICLE to possess or
have [upon] ON his person any beer or light wine. The
provisions of this subsection [shall] DO not apply to bona
fide employees in the course of their employment and whose
employment is not prohibited by this article.

(2) Any person illegally having [such] alcoholic
beverages in his possession [as aforesaid shall] upon
conviction [be deemed] IS guilty of a misdemeanor and shall
be fined not more than [fifty dollars ($50.00)] $50.

(d)  (1) In Kent County, it [shall be] IS unlawful for
any person under the age of [twenty-one] 21 years to possess
or have [upon] ON his person any alcoholic beverages other
than beer and light wine [and], for any person [under
eighteen years] NOT DESIGNATED UNDER § 2(T)(2) OF THIS
ARTICLE to possess or have [upon] ON his person any beer or
light wine. [except that] HOWEVER, this provision [shall]
DOES not apply to [such] a person who in the regular course
of employment to deliver merchandise and other articles may
be called upon to deliver a sealed container with alcoholic
beverages to the person ordering the same.