4684

LAWS OF MARYLAND

Ch. 844

article. However, [any person] A LICENSEE charged with
selling or furnishing any alcoholic beverages to a
[ minor ] PERSON under 21, [except that the age is 18 for
beer and light wine,] AND IN THE CASE OF BEER AND LIGHT WINE
TO A PERSON NOT DESIGNATED UNDER § 2(T)(2) OF THIS ARTICLE
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] LICENSEE shall be 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)] (B) (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
county. Any [person] LICENSEE 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] A LICENSEE
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