Maryland Alcoholic Beverages Section 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 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)      Caroline County;

                  (ii)      Carroll County;

                  (iii)      Frederick County;

                  (iv)      Harford County;

                  (v)      Somerset County;

                  (vi)      Talbot County; and

                  (vii)      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.

      (d)      No licensee, proprietor, or operator of any establishment dispensing alcoholic beverages shall permit the consumption or possession of any alcoholic beverages by a person under the age of twenty-one years upon said premises no matter by whom such alcoholic beverages shall have been purchased or from whom obtained. A violation of this subsection is a misdemeanor punishable by a fine of not more than $50 in addition to any other penalties provided under this article.

      (e)      Notwithstanding any other provision of this section to the contrary, in Queen Anne's County, if any licensee or employee of the licensee is placed on probation before judgment for any alleged violation of subsection (a) of this section, this finding may not operate as a bar to any proceeding brought by the Board of License Commissioners against the licensee on account of the alleged violation.

      (e-1)      (1)      This subsection applies in the City of Annapolis notwithstanding any other provision of this section.

            (2)      The City Council may provide by ordinance that a violation of subsection (a)(3)(i) of this section is a municipal infraction.

      (f)      (1)      This subsection applies in the following jurisdictions:

                  (i)      Cecil County;

                  (ii)      Dorchester County;

                  (iii)      Garrett County;

                  (iv)      Howard County;

                  (v)      Kent County;

                  (vi)      Montgomery County; and

                  (vii)      St. Mary's County.

            (2)      The granting of probation before judgment to a licensee or employee of the licensee for violating subsection (a) of this section does not bar the Board of License Commissioners from proceeding administratively against the licensee for the violation.