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Ch. 218 2005 LAWS OF MARYLAND
(3) (i) A licensee or employee of the licensee violating any of the
provisions of this subsection is guilty of a misdemeanor and, upon conviction, suffers
the penalties provided by § 16-503 of this article.
(ii) A licensee or employee of the licensee who is charged with
selling or furnishing any alcoholic beverages to a person under 21 years of age 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 the person used due caution
to establish that the person under 21 years of age was not, in fact, a person under 21
years of age if a nonresident of the State.
(iii) If the person is a resident of the State of Maryland, the licensee
or employee of the licensee may accept, as proof of a person's age, the display of the
person's driver's license or identification card as provided for in the Maryland Vehicle
Law.
(iv) Except as otherwise provided in this section, if any licensee or
employee of the licensee 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
against the licensee on account of the alleged violation.
(f) (1) This subsection applies in the following jurisdictions:
(1) CECIL COUNTY;
[(i)] (II) Dorchester County;
[(ii)] (III) Garrett County;
[(iii)] (IV) Howard County;
[(iv)] (V) Kent County;
[(v)] (VI) Montgomery County; and
[(vi)] (VII) St. Mary's County.
(2) The granting of probation before judgment to a licensee or employee
of the licensee for violating subsection (a) of this section does not bar the Board of
License Commissioners from proceeding administratively against the licensee for the
violation.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2005.
Approved April 26, 2005.
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