PARRIS N. GLENDENING, Governor                              Ch. 479

Section 12-108

Annotated Code of Maryland

(1994 Replacement Volume and 1995 Supplement)

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

Article 2B - Alcoholic Beverages

12-108.

(a)     (1) A licensee licensed under this article, or any employee of the licensee,
may not sell or furnish any alcoholic beverages at any time to a person under 21 years of
age:

(i) For the underage person's own use or for the use of any other
person; or

(ii) 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 employee of the licensee who is charged with a
violation of this subsection shall receive a summons to appear in court on a certain day to
answer the charges placed against that person. The person charged may not be required
to post bail bond pending trial in any court of this State.

(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 [subsection (e) of] 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.

(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 to a person under 21

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