reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-106 - Sale or Delivery by Franchisee Prohibited Outside of Territory

If a franchisee is granted a sales territory for which the franchisee is primarily responsible or in which the franchisee is required to concentrate its efforts, the franchisee may not sell or deliver beer to a retail dealer whose place of business is not within the sales territory granted to the franchisee.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-107 - Notice of Intent to Terminate or Refuse to Renew Beer Franchise Agreement

(a)    This section does not apply to a temporary delivery agreement under § 2–209(c) of this article for a beer festival or a wine and beer festival.
(b)    (1)    Except as provided in subsection (d) of this section, if a franchisor intends to terminate or refuses to renew a beer franchise agreement, the franchisor shall notify the franchisee in writing of its intent:
(i)    at least 45 days before the termination or refusal to renew takes effect, for a franchisor that annually produces 20,000 or fewer barrels of beer in aggregate, in conjunction with any affiliate; and
(ii)    at least 180 days before the termination or refusal to renew takes effect, for all other franchisors.
(2)    The notices required by this section shall state all the reasons for the intended termination or nonrenewal.
(c)    (1)    If a deficiency is claimed in the notice provided under subsection (b)(1)(ii) of this section, the franchisee has 180 days to rectify the deficiency.
(2)    If the franchisee rectifies the deficiency within 180 days after the notice provided under subsection (b)(1)(ii) of this section is received, the intended termination or nonrenewal of the beer franchise agreement is void.
(d)    The notice requirement of subsection (b) of this section does not apply if the reason for the intended termination or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-108 - Termination of or Refusal to Renew Beer Franchise Agreement Without Good Cause Prohibited

(a)    This section does not apply to a temporary delivery agreement under § 2–209(c) of this article for a beer festival or a wine and beer festival.
(b)    (1)    (i)    This paragraph does not apply to a franchisor that annually produces 20,000 or fewer barrels of beer in aggregate, in conjunction with any affiliate.
(ii)    Notwithstanding the terms of a beer franchise agreement, a franchisor may not terminate or refuse to continue or renew a beer franchise agreement, or cause a franchisee to resign from a beer franchise agreement, without good cause.
(2)    For purposes of paragraph (1) of this subsection, good cause includes the revocation of a franchisee’s license to do business in the State.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-110 - Action for Violation of Subtitle

(a)    (1)    A beer distributor or franchisee may bring an action in a court of general jurisdiction to recover damages against a beer manufacturer, franchisor, or franchisee for violation of this subtitle.
(2)    If appropriate, the beer distributor or franchisee is entitled to injunctive relief.
(b)    In an action for violation of this subtitle, the prevailing beer distributor or franchisee is entitled to the costs of the action including reasonable attorney’s fees.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 3 - Other Beer Regulation › Section 5-301 - Information on Alcohol Content Required

(a)    A person who supplies or sells beer to a wholesaler for resale to retail dealers shall provide to the wholesaler written information stating the approximate percentage of alcohol content by volume per sealed package or sealed container for each brand of beer supplied or sold to the wholesaler.
(b)    A beer wholesaler shall provide to each beer retail dealer with whom it does business the written information it receives under subsection (a) of this section regarding the beer supplied to the retail dealer.
(c)    The penalty provisions of § 6–402 of this article do not apply to a violation of this section.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 3 - Other Beer Regulation › Section 5-302 - Size of Containers

A person may not be prohibited from selling or delivering to wholesalers or retail dealers within the State beer in the following container sizes:
(1)    6.33, 7, 8, 10, 11, 11.39, 11.5, 12, 16, 24, 25, 32, or 40 ounces;
(2)    740 milliliters;
(3)    1, 2.25, 3.875, 5.167, 7.75, 13.209, 13.5, 15, or 15.5 gallons; and
(4)    5, 50, or 51 liters.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 3 - Other Beer Regulation › Section 5-303 - Keg Registration

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Keg” means a container of beer with a capacity of at least 4 gallons, which is designed to dispense beer directly from the container.
(3)    “Keg license holder” means a person who holds a license that authorizes the person to sell beer in kegs at retail.
(b)    A keg license holder may not sell or otherwise transfer, or offer to sell or otherwise transfer, the contents of a keg for off–premises consumption unless:
(1)    the keg license holder provides to the purchaser a keg registration form approved and distributed by the Comptroller that is designed to be affixed to the keg and that indicates the name and address of the licensed establishment and a registration number;
(2)    except as provided in § 26–103 of this article, the purchaser provides identification and completes and signs a registration form with the following information:
(i)    the purchaser’s name and address as shown on the identification produced; and
(ii)    the date of purchase; and
(3)    the keg license holder affixes the completed registration form to the keg and retains a copy of the form for 30 days on the licensed premises.
(c)    (1)    On return of a registered keg from the purchaser, the keg license holder shall remove or obliterate the keg registration form affixed to the keg and note the removal and the date of the removal on the copy of the keg registration form retained by the keg license holder at the licensed premises.
(2)    (i)    If a keg is made of disposable packaging that does not have to be returned to the keg license holder, the keg license holder shall indicate on the keg registration form that the keg is disposable.
(ii)    Disposal of empty kegs made of disposable packaging does not constitute obliteration of the keg registration form.
(d)    Each local licensing board shall adopt regulations to carry out this section.
(e)    A keg license holder may charge a keg registration fee to a purchaser.
(f)    (1)    A keg license holder who violates this section is subject to a fine not exceeding $100 or a suspension or revocation of the license, or both a fine and suspension or revocation.
(2)    The existence of a completed registration form signed by the purchaser creates a presumption that the keg license holder has complied with the requirements of this section.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-101 - Seizure of Contraband

(a)    Alcoholic beverages and other contraband kept, possessed, used, sold, manufactured, stored, or transported in violation of this article:
(1)    are subject to seizure and forfeiture; and
(2)    when seized, may be recovered or disposed of only as provided in this subtitle.
(b)    Property is forfeited if it:
(1)    was seized as contraband in the possession or control of a defendant who is found guilty of violating this article; or
(2)    is otherwise found to be contraband or in violation of this article.
(c)    (1)    Except as provided in paragraph (2) of this subsection, property is forfeited if it:
(i)    is seized as contraband and remains unclaimed for 30 days after seizure; and
(ii)    has not been destroyed in accordance with this subtitle.
(2)    (i)    A vehicle, a vessel, or an aircraft that is seized as contraband is forfeited unless a protest is filed within 30 days after the publication under subparagraph (ii) of this paragraph.
(ii)    The Comptroller or the Commission, as appropriate:
1.    if possible, shall notify the registered owner of the property of the seizure; and
2.    shall publish a notice:
A.    in a newspaper of general circulation in the county where the vehicle, vessel, or aircraft was seized; and
B.    informing interested persons of the seizure and the right to file a protest.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-102 - Equipment for Unlawful Manufacture as Contraband

Apparatus, materials, equipment, implements, devices, and other personal property designed, used, or intended to be used to violate a provision of this article relating to the unlawful manufacture of alcoholic beverages:
(1)    are contraband; and
(2)    may be seized and forfeited in accordance with this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-103 - Vehicles, Vessels, and Aircraft as Contraband

A vehicle, a vessel, or an aircraft used with the express or implied knowledge or consent of its owner to violate a provision of this article relating to the unlawful manufacture of alcoholic beverages or to transport, store, or hide unlawful alcoholic beverages:
(1)    is contraband; and
(2)    may be seized by:
(i)    the Comptroller or the Comptroller’s authorized enforcement officers; or
(ii)    the Commission or the Commission’s authorized enforcement officers; and
(3)    may be forfeited in accordance with this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-104 - Protest of Seizure

A lienholder, or other person showing a legal right, title, or interest in seized property not destroyed in accordance with this subtitle, may file a protest with the Comptroller:
(1)    within 30 days after seizure of the property; or
(2)    if the seized property is a vehicle, a vessel, or an aircraft, within 30 days after the publication of notice required under § 6–101(c) of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-105 - Determination of Forfeiture When Protest Is Filed

(a)    When a protest is filed, the circuit court for the county in which the property was seized shall conduct an in rem proceeding to determine whether the property is subject to forfeiture.
(b)    (1)    If the court determines that the property is subject to forfeiture, the court shall determine whether any lienholder filing a timely protest had knowledge of the intended unlawful use.
(2)    If the court determines that a lienholder had knowledge, the lienholder’s right, title, and interest to the property is forfeited.
(3)    If the court does not determine that a lienholder had knowledge, but the property is otherwise subject to forfeiture:
(i)    the property shall be forfeited; and
(ii)    the Comptroller or the Executive Director of the Commission, as the Comptroller or Executive Director, as appropriate, considers in the best interest of the State, may:
1.    pay the outstanding indebtedness secured by the lien and keep the property; or
2.    deliver the property to the lienholder.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-106 - Ownership and Disposal of Seized and Forfeited Property

(a)    Except as provided in subsections (b) and (c) of this section, property seized and forfeited under this subtitle or provisions of the Tax – General Article relating to the alcoholic beverage tax becomes the property of the county in which it was seized.
(b)    Property seized by State officers and forfeited becomes State property.
(c)    (1)    Lawfully manufactured alcoholic beverages forfeited to a county in which there is a liquor control board that operates dispensaries:
(i)    become the property of the liquor control board; and
(ii)    shall be sold by the dispensaries of the liquor control board.
(2)    Proceeds from the sales shall be treated in the same way as proceeds from ordinary sales made by the dispensaries.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-107 - Disposal of Forfeited Property

(a)    Except as provided in subsection (c) of this section, forfeited property shall be retained for official use, sold, or otherwise disposed of by:
(1)    the Comptroller or the Executive Director of the Commission, as appropriate, if the property was seized by State officers; or
(2)    if the property was not seized by State officers:
(i)    the Mayor and City Council of Baltimore City; or
(ii)    the board of county commissioners or the county council of the county in which the property was seized.
(b)    The Comptroller, the Executive Director of the Commission, the Mayor and City Council of Baltimore City, or the board of county commissioners or county council in the county where the property was seized shall retain or dispose of the property in the way it considers to be in the best public interest.
(c)    Illicit alcoholic beverages shall be destroyed and may not be returned or given to any person or disposed of in any other manner.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 1 - Forfeitures › Section 6-108 - Unlawful Distilleries

(a)    An officer seizing the following items shall, only to the extent necessary, immediately make them unfit for unlawful use:
(1)    an unlicensed distillery or unlawful distillery materials, equipment, or devices that are seized in a manner that renders them impractical or impossible to move to a safe place of custody and storage; and
(2)    illicit alcoholic beverages other than those seized for evidence or forfeiture.
(b)    The officer shall report the seizure and destruction conducted under this section to the Field Enforcement Division of the Commission.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-202 - Inspections

(a)    A building, vehicle, or premises where alcoholic beverages are authorized to be kept, transported, manufactured, or sold under a license or permit may be inspected and searched, without a warrant, by:
(1)    the Comptroller or an authorized deputy, inspector, or clerk of the Comptroller;
(2)    the Executive Director of the Commission or an authorized deputy, inspector, or clerk of the Commission;
(3)    the local licensing board of the county or city where the place of business is located or an authorized agent or employee of the local licensing board; and
(4)    a peace officer of the county or city where the place of business is located.
(b)    Evidence discovered during an inspection or search is admissible in a prosecution for the violation of a public general or public local law and in a hearing for the revocation, suspension, or restriction of the license or permit.
(c)    (1)    If the license holder or permit holder is found not guilty, alcoholic beverages taken as evidence shall be returned to the license holder or permit holder.
(2)    If a license or permit holder is found guilty, alcoholic beverages taken as evidence shall be:
(i)    sold to other license holders;
(ii)    turned over to State institutions for medicinal use; or
(iii)    destroyed.
(3)    Proceeds from the sale of alcoholic beverages taken as evidence shall be credited to the General Fund of the State or jurisdiction, as appropriate.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-203 - Use of Equipment to Measure Quantity and Quality of Alcoholic Beverages

To prevent and detect fraud by manufacturers, wholesalers, and retail dealers, the Commission, the local licensing board, and an authorized deputy or inspector of the Commission or the local licensing board:
(1)    may use hydrometers, saccharometers, weighing and gauging instruments, or other means, records, or devices to ascertain the quantity or quality of alcohol in an alcoholic beverage as they consider necessary; and
(2)    may adopt rules and regulations to establish a uniform system of inspection, marking, and gauging of alcoholic beverages.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-204 - Power to Summon Witnesses

(a)    For a hearing or inquiry that the Commission or a local licensing board may hold or make, the Commission or a local licensing board may issue summonses for witnesses and administer oaths or affirmations to the witnesses.
(b)    A summons shall be served by the sheriff.
(c)    (1)    The official issuing a summons may petition the circuit court if a witness summoned neglects or refuses to attend a hearing or inquiry for which the witness was summoned or refuses to testify.
(2)    The court may proceed by attachment against the witness as if the witness had been summoned to appear in a case pending before the court and had neglected or refused to do so.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-205 - Peace Officers

(a)    The State’s Attorneys, sheriffs, bailiffs, police, and other prosecuting and peace officers shall:
(1)    enforce this article; and
(2)    prosecute a person charged with violating this article.
(b)    The powers and duties conferred on the Comptroller, the Commission, or any other State official by this article do not relieve local officials from the duty of enforcement or prosecution.
(c)    This section does not restrict the appropriation of funds by a political subdivision of the State to aid enforcement of this article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-206 - Charging Document for Unlawful Sale of Alcoholic Beverage

(a)    A charging document may charge an unlawful sale or disposition of an alcoholic beverage without stating the particular kind of alcoholic beverage.
(b)    On application by the defendant before trial, the State’s Attorney shall give to the defendant a statement of the particular kind of alcoholic beverage.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-207 - Display of Alcoholic Beverages as Prima Facie Evidence of Sale

In a prosecution for selling alcoholic beverages without an appropriate license, proof that the defendant displayed or offered alcoholic beverages for sale, or kept a place of business where alcoholic beverages were displayed or offered for sale, is prima facie evidence that the defendant sold alcoholic beverages.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-208 - Regulating Possession or Consumption of Alcohol in Public Places

The governing body of a municipality may adopt an ordinance or a resolution to regulate the possession or consumption of alcoholic beverages in a parking lot, common area, or general common element in:
(1)    a leased residential property, including attached single–family homes or a multifamily dwelling unit;
(2)    a condominium; or
(3)    a homeowners association.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-209 - Adoption of Standards for Authorization of Consumption

A local governmental entity that owns or otherwise has jurisdiction over public property may adopt by local law or ordinance standards providing for the authorization of the consumption of alcoholic beverages on public property, otherwise prohibited by this subtitle, and consistent with the intended use of the property by the public.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-210 - State Preemption of Local Disorderly Intoxication Laws

(a)    A political subdivision of the State may not adopt an ordinance or a resolution identical to or in addition to § 6–320 of this title.
(b)    An existing ordinance, resolution, or other legislation adopted by a political subdivision of the State that is inconsistent with § 6–320 of this title is repealed.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 2 - Enforcement › Section 6-211 - Fines and Forfeitures

Each fine imposed or recognizance forfeited for a violation of this article is payable to the county where the offense was committed.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-304 - Selling or Providing Alcoholic Beverages to Individual Under the Age of 21 Years

A license holder or an employee of the license holder may not sell or provide alcoholic beverages to an individual under the age of 21 years.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-305 - Proof of Age for Sale of Alcoholic Beverages

A license holder or an employee of the license holder may accept as proof of an individual’s age:
(1)    if the individual is a resident of the State, the individual’s driver’s license or identification card as provided for in the Maryland Vehicle Law;
(2)    a United States military identification card; or
(3)    the individual’s electronic credential issued by the Motor Vehicle Administration under Title 16, Subtitle 10 of the Transportation Article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-306 - Defense to Prosecution for Sale to Underage Individual

The establishment of the following facts by a seller of alcoholic beverages to an underage individual is prima facie evidence of innocence and a defense to a prosecution for serving alcoholic beverages to an underage individual:
(1)    the purchaser falsely represented in writing and supported with other documentary evidence that the purchaser was of legal age to purchase alcoholic beverages;
(2)    on the basis of the appearance of the purchaser, an ordinary and prudent individual would believe the purchaser to be of legal age to purchase alcoholic beverages; and
(3)    the sale was made in good faith and in reliance on the written representation and appearance of the purchaser.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-307 - Selling or Providing Alcoholic Beverages to Intoxicated Individual

A license holder or an employee of the license holder may not sell or provide alcoholic beverages to an individual who, at the time of the sale or delivery, is visibly under the influence of an alcoholic beverage.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-308 - Allowing On-Premises Consumption of Alcoholic Beverages Not Purchased From License Holder

(a)    This section does not apply to a Class 4 limited winery that brings wine or pomace brandy manufactured on its licensed premises onto a retail licensed premises if:
(1)    the wine or pomace brandy is being provided for a promotional activity conducted by the limited winery, a retail license holder, an alcoholic beverages trade association, or a nonprofit organization;
(2)    a representative of the limited winery or a trade association representing Maryland wineries is present at all times during the promotional activity;
(3)    the limited winery or winery trade association complies with any regulations that the Commission adopts relating to on–premises promotions and product sampling;
(4)    the limited winery or winery trade association has advance written permission of the retail license holder to bring wine products on the retail licensed premises for the promotional activity; and
(5)    all unopened or partially consumed containers of wine and pomace brandy are removed from the retail licensed premises at the end of the promotional activity.
(b)    A license holder may not allow an individual to consume on the licensed premises an alcoholic beverage that is:
(1)    not purchased on the premises from the license holder; and
(2)    not otherwise allowed by this article to be consumed on the premises.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-309 - Allowing On-Premises Consumption or Possession of Alcoholic Beverages by Individual Under the Age of 21 Years

(a)    A license holder, a proprietor, or an operator of an establishment that provides alcoholic beverages may not allow on–premises consumption or possession of alcoholic beverages by an individual under the age of 21 years, regardless of who purchased or obtained the alcoholic beverages.
(b)    In addition to any other penalty under this article, a license holder, a proprietor, or an operator who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-310 - Providing Free Food

(a)    (1)    Except as provided in paragraph (2) of this subsection, a license holder may not directly or indirectly give or offer without charge food to a customer to induce the customer to purchase alcoholic beverages for on–premises consumption.
(2)    This section does not apply to hors d’oeuvres, pretzels, cheese, or crackers that are placed on a counter in the licensed premises for customers to consume without charge.
(b)    The placement of food by a license holder in the licensed premises for customers to consume without charge is prima facie evidence of a violation of this section.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10 for each offense.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-311 - Restrictions on Purchases and Sales by Retail Dealer

(a)    This section does not apply to a holder of a Class E, Class F, or Class G license.
(b)    A retail dealer may not:
(1)    purchase any alcoholic beverage except from a licensed manufacturer or wholesaler, private bulk sale permit holder, or nonresident winery permit holder;
(2)    sell any alcoholic beverage to any other retail dealer except the holder of a Class C per diem beer, beer and wine, or beer, wine, and liquor license; or
(3)    keep or allow to be kept any alcoholic beverage on the licensed premises except those that have been purchased by the retail dealer.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-312 - Beverage Misrepresentation

(a)    (1)    A person may not manufacture, sell, or offer for sale, or order or allow an employee or other person to sell or offer for sale, a beverage as malt extract or beer unless the beverage has been brewed and fermented as such.
(2)    A person may not sell or offer for sale, or order or allow an employee or other person to sell or offer for sale:
(i)    beer to which coloring or porterine has been added so as to represent the beer to be malt extract, porter, or another beverage; or
(ii)    a malt or liquor unless the malt or liquor is identified by its proper name.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-313 - Tampering With Alcoholic Beverage Container

(a)    (1)    A retail dealer or an agent or employee of a retail dealer may not:
(i)    tamper with or change the quantity or quality of the contents of a container of an alcoholic beverage:
1.    after the container has been lawfully sealed; and
2.    while the contents remain in the container; or
(ii)    except as specifically authorized by this article with respect to refillable beer and wine containers, refill a container of an alcoholic beverage with a substance after the container has been emptied of its original contents.
(2)    A retail dealer may not possess a container of an alcoholic beverage that has been tampered with or refilled in violation of paragraph (1) of this subsection.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-314 - Sale of Alcoholic Beverage Container With Detachable Metal Tab

(a)    (1)    Except as provided in paragraph (2) of this subsection, a person may not sell or offer for sale at retail an alcoholic beverage container that is:
(i)    made from metal or a composite material; and
(ii)    designed and constructed with an all–metal tab opening device that detaches from the container when the container is opened in a manner that is normally used to empty the contents of the container.
(2)    Paragraph (1) of this subsection does not apply to:
(i)    a beverage container sealed with a laminated tape seal, including one with aluminum foil, that is not rigid;
(ii)    an all–metal container with a detachable metal pull tab for a frozen beverage concentrate that is customarily and primarily purchased for dilution and use in the home or a similar purpose; and
(iii)    a metal beverage container with a detachable metal pull tab for a milk–based, soy–based, or similar product that requires sterilization and pressure in the canning process.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-315 - Alcoholic Beverage in Container Without Regular Label Presumed Illicit

(a)    Except as provided in subsection (b) of this section, an alcoholic beverage is presumed to be an illicit alcoholic beverage if it is found in a container that does not have a regular label that:
(1)    describes the true contents of the container; and
(2)    states the true name of the importer, manufacturer, bottler, or rectifier.
(b)    The presumption under subsection (a) of this section does not apply to an alcoholic beverage found in:
(1)    a drinking glass or other similar open container for drinking purposes;
(2)    a home–type decanter found in a house or a punch bowl or similar receptacle if the circumstances indicate that the alcoholic beverage is for on–premises consumption and is not for sale; or
(3)    a container possessed by a retail license holder when the alcoholic beverage is premixed for lawful sale and consumption.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-316 - Maximum Alcohol Content

(a)    A person may not sell at retail an alcoholic beverage with an alcohol content by volume of 95% (190 proof) or more.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part II - Prohibited Acts by License Holder › Section 6-317 - Limitation on Conditioning Sales of On-Premises Consumption -- License Revocation or Suspension for Violations -- Misdemeanor

(a)    A license holder or an employee of a license holder may not require, as a condition of sale of an alcoholic beverage for on–premises consumption, that an individual buy more than one bottle, container, or other serving of an alcoholic beverage at a time.
(b)    The issuer of a license may revoke or suspend the license for a violation of this section.
(c)    Instead of or in addition to suspending or revoking the license, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both for each offense.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part III - Prohibited Acts by Individual Consumer › Section 6-319 - On-Premises Consumption of Alcoholic Beverages Not Purchased From License Holder

(a)    This section does not apply to a Class 4 limited winery that brings wine or pomace brandy manufactured on its licensed premises onto a retail licensed premises if:
(1)    the wine or pomace brandy is provided for a promotional activity conducted by the limited winery, a retail license holder, an alcoholic beverages trade association, or a nonprofit organization;
(2)    a representative of the limited winery or a trade association representing Maryland wineries is present at all times during the promotional activity;
(3)    the limited winery or winery trade association complies with any regulations that the Comptroller adopts relating to on–premises promotions and product sampling;
(4)    the limited winery or winery trade association has advance written permission of the retail license holder to bring wine products on the retail licensed premises for the promotional activity; and
(5)    all unopened or partially consumed containers of wine and pomace brandy are removed from the retail licensed premises at the end of the promotional activity.
(b)    An individual may not consume on the licensed premises of a license holder an alcoholic beverage that is:
(1)    not purchased on the premises from the license holder; and
(2)    not otherwise allowed by this article to be consumed on the premises.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part III - Prohibited Acts by Individual Consumer › Section 6-320 - Disorderly Intoxication

(a)    An individual may not:
(1)    be intoxicated and endanger the safety of another individual or property; or
(2)    be intoxicated or consume an alcoholic beverage in a public place and cause a public disturbance.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part III - Prohibited Acts by Individual Consumer › Section 6-321 - Consumption of Alcoholic Beverages in Public

(a)    In this section, “public property” includes property that is:
(1)    a structure, road, parking area, or grounds; and
(2)    located on land owned, leased, or operated by:
(i)    the State;
(ii)    a county;
(iii)    a municipality;
(iv)    the Washington Suburban Sanitary Commission;
(v)    the Maryland–National Capital Park and Planning Commission;
(vi)    the Montgomery County Revenue Authority; or
(vii)    the Washington Metropolitan Area Transit Authority.
(b)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, an individual may not consume an alcoholic beverage:
(i)    on public property;
(ii)    on the mall, adjacent parking area, or other outside area of a shopping center;
(iii)    on an adjacent parking area or other outside area of any other retail establishment; and
(iv)    in a parked vehicle located in an area described under item (i), (ii), or (iii) of this paragraph.
(2)    An individual may consume an alcoholic beverage on:
(i)    public property if authorized by the governmental entity that has authority over the property; or
(ii)    private property described under paragraph (1)(ii) through (iv) of this subsection if authorized by the owner of the property.
(3)    If the owner or operator of a motor home or chartered bus has consented to the consumption of the alcoholic beverages, paragraph (1) of this subsection does not apply to passengers:
(i)    in the living quarters of a motor home equipped with a toilet and central heating; or
(ii)    of a chartered bus in transit.
(c)    (1)    A violation of this section is a Code violation and a civil offense.
(2)    A person who violates this section:
(i)    shall be issued a citation under § 10–119 of the Criminal Law Article; and
(ii)    is subject to a fine not exceeding $100.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part III - Prohibited Acts by Individual Consumer › Section 6-322 - Possession of Open Container

(a)    (1)    Except as provided in paragraph (2) of this subsection, an individual may not possess an alcoholic beverage in an open container while:
(i)    on the mall, adjacent parking area, or other outside area of a shopping center;
(ii)    on an adjacent parking area or other outside area of any other retail establishment; or
(iii)    in a parked vehicle located in an area described under item (i) or (ii) of this paragraph.
(2)    An individual may possess an alcoholic beverage in an open container on private property described under paragraph (1) of this subsection if the individual is authorized by the owner of the establishment.
(b)    (1)    A violation of this section is a Code violation and a civil offense.
(2)    A person who violates this section:
(i)    shall be issued a citation under § 10–119 of the Criminal Law Article; and
(ii)    is subject to a fine not exceeding $100.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part III - Prohibited Acts by Individual Consumer › Section 6-323 - Possession or Use of Alcohol Without Liquid Machine

(a)    In this section, “AWOL machine” means an Alcohol Without Liquid device, a Vaportini, or any similar device that mixes an alcoholic product with pure oxygen or other gas to produce a vaporized product that can be inhaled.
(b)    A person may not:
(1)    use an AWOL machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or
(2)    with the intent to introduce alcohol into the human body, possess, purchase, transfer, or offer for sale or use an AWOL machine.
(c)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)    Each violation of this section is a separate offense.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part IV - Other Prohibited Acts › Section 6-326 - Sale of Alcoholic Beverages in Powder or Crystalline Form Prohibited

(a)    A person may not sell or offer for sale alcoholic beverages that are sold in powder or crystalline form for direct use or use in combination with water or any other substance.
(b)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)    Each violation of this section is a separate offense.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part IV - Other Prohibited Acts › Section 6-327 - Unlicensed Out-of-State Sale of Alcoholic Beverages

(a)    (1)    A person in the business of selling or distributing alcoholic beverages in or from another state may not ship, cause to be shipped, or deliver alcoholic beverages directly to a recipient in the State if the seller, distributor, shipper, transporter, or recipient does not hold the required license or permit.
(2)    The prohibition under paragraph (1) of this subsection applies to alcoholic beverages ordered or purchased through a computer network.
(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part IV - Other Prohibited Acts › Section 6-328 - Tax Evasion

(a)    A person may not:
(1)    knowingly or willfully possess, transport, sell, offer for sale, or, on the person’s property, store or authorize storage of an alcoholic beverage on which the tax imposed by the Tax – General Article has not been paid;
(2)    evade a tax imposed on an alcoholic beverage under the Tax – General Article;
(3)    counterfeit a stamp or certificate required under this article or the Tax – General Article; or
(4)    violate a regulation that the Comptroller or the Commission adopts under this article or the Tax – General Article.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 6 - Forfeitures; Enforcement; Prohibited Acts; Penalties › Subtitle 3 - Prohibited Acts › Part IV - Other Prohibited Acts › Section 6-329 - Destruction of Evidence

(a)    (1)    A person may not remove or destroy or cause to be removed or destroyed property that has been seized under:
(i)    this article; or
(ii)    the provisions of the Tax – General Article relating to the tax on alcoholic beverages.
(2)    A person may not prevent or attempt to prevent the seizure of property by:
(i)    pouring out the contents of the property;
(ii)    breaking or destroying the property;
(iii)    removing the property from the premises; or
(iv)    otherwise disposing of the property.
(b)    When a premises, place, or thing is being searched or about to be searched, any fluid poured out or otherwise disposed of by a person in violation of subsection (a) of this section is prima facie evidence that the fluid is an alcoholic beverage and intended for sale or other use in violation of this article or the Tax – General Article.