Ch. 441

1996 LAWS OF MARYLAND

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

Article 27 - Crimes and Punishments

401A.

(a)     Except as provided in subsection [(b)] (C) of this section, a person may not
furnish any alcoholic beverage to another person if:

(1)     The person furnishing the beverage knows that the person is under 21
years of age; and

(2)     The alcoholic beverage is furnished for the purpose of consumption by
the person under 21 years of age.

(b)     [The prohibition in subsection (a) of this section does not apply if the
individual furnishing the alcoholic beverage and the individual to whom the beverage is
served:] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN ADULT MAY
NOT KNOWINGLY AND WILLFULLY ALLOW AN INDIVIDUAL UNDER 21 YEARS OF AGE
TO ACTUALLY POSSESS OR CONSUME AN ALCOHOLIC BEVERAGE AT THE
RESIDENCE, OR WITHIN THE CURTILAGE OF THE RESIDENCE, THAT:

(1)     THE ADULT OWNS AND IN WHICH THE ADULT RESIDES; OR

(2)     THE ADULT LEASES AS A TENANT AND IN WHICH THE ADULT
RESIDES.

(C) (1) THE PROHIBITION SET FORTH IN SUBSECTION (A) OF THIS SECTION
DOES NOT APPLY IF THE PERSON FURNISHING THE ALCOHOLIC BEVERAGE AND THE
PERSON TO WHOM THE ALCOHOLIC BEVERAGE IS SERVED:

[(1)] (I) Are members of the same immediate family, and the beverage is
furnished and consumed in a private residence OR WITHIN THE CURTILAGE OF THE
RESIDENCE; or

[(2)] (II) Are participants in a religious ceremony.

(2) THE PROHIBITION SET FORTH IN SUBSECTION (B) OF THIS SECTION
DOES NOT APPLY IF THE ADULT ALLOWING THE POSSESSION OR CONSUMPTION OF
THE ALCOHOLIC BEVERAGE AND THE INDIVIDUAL UNDER THE AGE OF 21 YEARS
WHO POSSESSES OR CONSUMES THE ALCOHOLIC BEVERAGE:

(I)      ARE MEMBERS OF THE SAME IMMEDIATE FAMILY, AND THE
BEVERAGE IS POSSESSED AND CONSUMED IN A PRIVATE RESIDENCE, OR WITHIN
THE CURTILAGE OF THE RESIDENCE OF THE ADULT; OR

(II)    ARE PARTICIPANTS IN A RELIGIOUS CEREMONY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1996.

Approved May 14, 1996.

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