Ch. 479                                    1996 LAWS OF MARYLAND

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 alcoholic
beverages.

(2) Any licensee or employee of a licensee who is charged with a violation of
this subsection may be proceeded against in Worcester County either upon a charging
document duly issued by the District Court for Worcester County or by an indictment
duly returned by the grand jury of that county. Any licensee violating any of the provisions
of this subsection is guilty of a misdemeanor and, upon conviction, shall suffer the
penalties provided by § 16-503 of this article. However, a licensee charged with selling or
furnishing alcoholic beverages to an underaged person may not be found guilty of a
violation of this subsection if the person establishes to the satisfaction of the jury or court
sitting as a jury that he used due caution to establish that the person was not, in fact,
underaged. This subsection applies solely to Worcester County and stands in place and
stead of subsection (a) of this section as the subsection applies generally to the counties
of this State.

(c) (1) This subsection applies only in the following counties:

(i)     Carroll County;

(ii)    Frederick County;

(iii)   Harford County;

(iv)    Somerset County;

(v)    Talbot County; and

(vi)    Wicomico County.

(2)     A licensee under the provisions of this article, or any of the licensee's
employees, may not sell or furnish any alcoholic beverages at any time to a person under
21 years of age, either for that person's own use or for the use of any other person, or to
any person who, at the time of such sale or delivery, is visibly under the influence of any
alcoholic beverage.

(3)     The Liquor Control Board of Harford County may not find a licensee
guilty of violating this section if the licensee or employee of the licensee who is accused of
selling or furnishing alcoholic beverages to a person under 21 years of age exercised due
caution to establish that the person was not, in fact, a person under 21 years of age.

(4)     In Harford County, a licensee who is charged with selling or furnishing
alcoholic beverages to an underage person may not be found in violation of paragraph (2)
of this subsection if the licensee establishes to the satisfaction of the judge, jury, or Liquor
Control Board that the licensee used due caution to establish that the person was not, in
fact, underage.

(5)     The provisions of subsection (a) of this section do not apply to the
counties which are listed in paragraph (1) of this subsection and the law in these counties
shall remain in the same force and effect as if not amended by this section.

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