VETOES

(1987 Replacement Volume and 1988 Supplement)

BY repealing and reenacting, with amendments,

Article 2B - Alcoholic Beverages

Section 118(c)

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 2B - Alcoholic Beverages

118.

(a) (1) A licensee under the provisions of this article, or
any of his employees, may not sell or furnish any alcoholic
beverages at any time to a person under 21 years of age, 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 any alcoholic beverage.

(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 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 § 200 of this article. However, a licensee or employee of the
licensee 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 he 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. 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. If any licensee or employee of
the 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
against the licensee on account of the alleged violation.

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