5592

COUNTY LOCAL LAWS

RESTRICTIONS UPON LICENSEES

SECTION 35. Sales to Minors and Intoxicated Persons
Prohibited

No licensee under the provisions of this act or any
of his employees shall sell or furnish any alcoholic
beverages at any time to a minor under twenty—one (21)
years of age except that the age shall be eighteen (18)
years of age for beer and light wine. No licensee under
the provisions of this article shall sell or furnish any
alcoholic beverages to any person who at the time of such
sale or delivery is visibly under the influence of any
alcoholic beverage. Any person violating the provisions
of this section shall be guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine of not more
than one thousand dollars ($1,000.00) or to imprisonment
for not more than two years or both fine and
imprisonment. Provided, however, that any person charged
with selling or furnishing any alcoholic beverages to a
minor under twenty—one (21) years of age, except for beer
and light wine where the age shall be eighteen (18)
years, shall not be found guilty of a violation of this
section if such person establishes to the satisfaction of
the jury, or the court sitting as a jury, that he used
due caution to establish that such minor under twenty—one
(21) or eighteen (18) years of age was not in fact a
minor. If any person shall be found not guilty or placed
on probation without a verdict of any alleged violation
of this section such finding shall operate as a complete
bar to any proceeding by any alcoholic beverage law
enforcement of licensing authority on account of such
alleged violation.

APPEALS

SECTION 36.

(a) General Provisions — Appeals from decisions of
the Board of Liquor License Commissioners for Talbot
County shall be made in accordance with Article V of the
charter for Talbot County and the Rules of Practice and
Procedure adopted in accordance with Section 503 thereof.

SECTION 37.

And be it further enacted, That this Act shall take
effect sixty (60) days following its enactment.

Approved October 8, 1974