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Ch. 544
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2002 LAWS OF MARYLAND
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(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 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 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
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