§ 31-2702. Selling or providing alcoholic beverages to individual under the age of 21 years--Cr...

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2018

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 31. Washington County (Refs & Annos)
Subtitle 27. Prohibited Acts (Refs & Annos)
Effective: July 1, 2018
MD Code, Alcoholic Beverages, § 31-2702
Formerly cited as MD CODE, Art. 2B, § 12-108
§ 31-2702. Selling or providing alcoholic beverages to individual under the age of 21 years--Criminal procedure
Currentness
Summons; bail
(a) A license holder or an employee of a license holder who is charged with a violation of § 6-304 of this article:
(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and
(2) may not be required to post bail pending trial in any court in the State.
Due caution standard for nonresidents
(b) A license holder or an employee of a license holder may not be found guilty of a violation of § 6-304 of this article if the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years.
Penalty for violation by license holder or employee
(c)(1) A violation for which a penalty is imposed under paragraph (2) of this subsection is a misdemeanor.
(2)(i) If an employee of a license holder violates § 6-304 of this article, the employee is subject to:
1. except as provided in subparagraph (ii) of this paragraph, for a first offense, a fine of $100;
2. except as provided in subparagraph (ii) of this paragraph, for a second offense, a fine of $250; and
3. for each subsequent offense, a term of imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
(ii) If an employee does not pay within 30 days a fine imposed under subparagraph (i)1 or 2 of this paragraph, the employee is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
(3) If a license holder violates § 6-304 of this article, the Board may impose a fine not exceeding $2,500, suspend or revoke the license, or impose both a fine and suspend or revoke the license.
No bar to administrative action
(d) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6-304 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Timing of administrative action
(e) The Board may not proceed administratively against an employee of a license holder for a violation of § 6-304 of this article until after the employee is granted probation before judgment or found guilty of the violation.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2016, c. 118, § 1, eff. Oct. 1, 2016; Acts 2017, c. 431, § 1, eff. July 1, 2017; Acts 2018, c. 317, § 1, eff. July 1, 2018.
MD Code, Alcoholic Beverages, § 31-2702, MD AL BEV § 31-2702
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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