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Ch. 434 LAWS OF MARYLAND
(2) 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.
(3) A licensee 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, a licensee charged with selling or furnishing any
alcoholic beverages to a person under 21, 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 person under 21, 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 person under 21 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 driver's license or identification card as provided
for in the Maryland Vehicle Law. If any 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].
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.
Approved May 17, 1988.
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