Md. Code, Alco. Bev. § 18-2702

Current with changes from the 2024 Legislative Session
Section 18-2702 - Selling or providing alcoholic beverages to individual under the age of 21 years - Criminal procedure
(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.
(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:
(1) 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; and
(2) the individual was not a resident of the State.
(c)
(1) If a license holder or an employee of a license holder violates § 6-304 of this article:
(i) the Board may impose on the license holder:
1. for the first offense, a fine that the Board determines or a suspension of the license not exceeding 3 days or both; and
2. for each subsequent offense, a penalty that the Board determines; and
(ii) the Board may impose on the employee a fine not exceeding $500 for each offense.
(2) When determining the number of days for a suspension of a license for a subsequent offense as provided for in paragraph (1)(i)2 of this subsection, the Board shall consider:
(i) the class of license; and
(ii) the economic impact that the suspension will have on the business, taking into account the total sales of alcoholic beverages of the licensed establishment before the suspension compared to the estimated total sales during the suspension.
(3) A fine imposed under this section shall be imposed subject to § 10-1001 of the State Government Article.
(d) Fines collected under this section shall be paid into the general fund of the county.
(e) 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.

Md. Code, AB § 18-2702

Amended by 2017 Md. Laws, Ch. 138, Sec. 1, eff. 7/1/2017.
Added by 2016 Md. Laws, Ch. 41, Sec. 2, eff. 7/1/2016.