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2007 Laws of Maryland
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Ch. 393
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Section 12-108(a)
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
BY repealing and reenacting, with amendments,
Article 2B - Alcoholic Beverages
Section 12-108(f)
Annotated Code of Maryland
(2005 Replacement Volume and 2006 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) The licensee or employee of the licensee may accept, as proof
of a person's age:
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