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PARRIS N. GLENDENING, Governor
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Ch. 188
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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] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, 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 CRIMINAL
penalties provided by § 16-503 of this article.
(II) IN CHARLES COUNTY, A LICENSEE OR EMPLOYEE OF THE
LICENSEE VIOLATING ANY OF THE PROVISIONS OF THIS SUBSECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO;
A. THE CRIMINAL PENALTIES UNDER § 16-503 OF THIS
ARTICLE; OR
B. THE CIVIL FINE FOR EMPLOYEES PROVIDED BY
SUBSECTION (G) OF THIS SECTION.
(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 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
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- 927 -
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