The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the City without exception or variation: § 6–305 (“Proof of age for sale of alcoholic beverages”); § 6–306 (“Defense to prosecution for sale to underage individual”); § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”); § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”); § 6–310 (“Providing free food”); § 6–311 (“Restrictions on purchases and sales by retail dealer”); § 6–312 (“Beverage misrepresentation”); § 6–313 (“Tampering with alcoholic beverage container”); § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”); § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”); § 6–316 (“Maximum alcohol content”); § 6–317 (“Multiple serving purchase required”); § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”); § 6–320 (“Disorderly intoxication”); § 6–321 (“Consumption of alcoholic beverages in public”); § 6–323 (“Possession or use of Alcohol Without Liquid machine”); § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”); § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”); § 6–328 (“Tax evasion”); § 6–329 (“Destruction of evidence”); and § 6–330 (“Perjury”). The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article do not apply in the City: § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”); and § 6–322 (“Possession of open container”). Section 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”) of Division I of this article applies in the City, subject to § 10–2703 of this subtitle.

A person may not sell or provide directly or indirectly alcoholic beverages to an individual under the age of 21 years for the individual’s own use or for the use of any other person. A defendant may not be found guilty of selling alcoholic beverages to an individual under the age of 21 years if: the individual willfully represented that the individual is at least 21 years old and obtained an alcoholic beverage; and the defendant proves at the trial that: misrepresentation of age occurred; due caution was used in ascertaining the age of the individual before providing the alcoholic beverage to the individual; in the exercise of due caution, the defendant was deceived by the use of documentary evidence; and because of the use of documentary evidence, the defendant was unable to ascertain that the individual was under the age of 21 years. The City Council may provide by ordinance that a violation of this section is a municipal infraction. The granting of probation before judgment to a license holder or an employee of the license holder for a violation of this section does not bar the Board from proceeding administratively against the license holder for the violation.

The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.