# Alcoholic Beverages and Cannabis (GAB)

## Title 12. Baltimore City

### Subtitle 27. Prohibited Acts

#### Section 12-2701

(a) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the City without exception or variation:

  (1) Sec. 6-305 ("Proof of age for sale of alcoholic beverages");

  (2) Sec. 6-306 ("Defense to prosecution for sale to underage individual");

  (3) Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder");

  (4) Sec. 6-309 ("Allowing on-premises consumption or possession of alcoholic beverages by individual under the age of 21 years");

  (5) Sec. 6-310 ("Providing free food");

  (6) Sec. 6-311 ("Restrictions on purchases and sales by retail dealer");

  (7) Sec. 6-312 ("Beverage misrepresentation");

  (8) Sec. 6-313 ("Tampering with alcoholic beverage container");

  (9) Sec. 6-314 ("Sale of alcoholic beverage container with detachable metal tab");

  (10) Sec. 6-315 ("Alcoholic beverage in container without regular label presumed illicit");

  (11) Sec. 6-316 ("Maximum alcohol content");

  (12) Sec. 6-317 ("Multiple serving purchase required");

  (13) Sec. 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder");

  (14) Sec. 6-320 ("Disorderly intoxication");

  (15) Sec. 6-321 ("Consumption of alcoholic beverages in public");

  (16) Sec. 6-323 ("Possession or use of Alcohol Without Liquid machine");

  (17) Sec. 6-326 ("Sale of alcoholic beverages in powder or crystalline form prohibited");

  (18) Sec. 6-327 ("Unlicensed out-of-state sale of alcoholic beverages");

  (19) Sec. 6-328 ("Tax evasion");

  (20) Sec. 6-329 ("Destruction of evidence"); and

  (21) Sec. 6-330 ("Perjury").

(b) Section 6-322 ("Possession of open container") of Division I of this article does not apply in the City.

(c) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the City:

  (1) Sec. 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years"), subject to Sec. 12-2702 of this subtitle; and

  (2) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"), subject to Sec. 12-2703 of this subtitle.

#### Section 12-2702

(a) A license holder or an employee of a license holder who is charged with a violation of Sec. 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 Sec. 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 is not a resident of the State.

(c) The Board may not proceed against a license holder for a violation of Sec. 6-304 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation.

#### Section 12-2703

(a) A license holder or an employee of a license holder who is charged with a violation of Sec. 6-307 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) The Board may not proceed against a license holder for a violation of Sec. 6-307 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation.

#### Section 12-2704

(a)

  (1) A license holder may not use an advertisement that is untrue, deceptive, or misleading in a material respect, including an advertisement on the Internet containing an affirmative representation that the license holder may offer for sale alcoholic beverages that the license holder is not authorized to sell.

  (2) The Board shall enforce this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

#### Section 12-2705

A person engaged in the manufacture or sale of alcoholic beverages, an agent or employee of the person, and a license holder may not, directly or indirectly, offer or make a payment or gift to:

(1) a member of the Board;

(2) an employee of the Board; or

(3) anyone on behalf of the member or employee.

#### Section 12-2706

(a) In the 45th Legislative District, a landlord may not rent out to a Class A license holder a premises to be used for the sale of alcoholic beverages if the landlord knows or should have known that the sale of alcoholic beverages on the premises would violate a minimum distance required to be maintained under this article between a licensed premises and a place of worship or school.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

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Md. Code Ann., Alco. Bev. (as displayed at mgaleg.maryland.gov, October 16, 2026)