# Alcoholic Beverages and Cannabis (GAB)

## Title 18. Charles County

### Subtitle 27. Prohibited Acts

#### Section 18-2701

(a) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county 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. 6-322 ("Possession of open container");

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

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

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

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

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

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

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

  (1) Sec. 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years"), subject to Sec. 18-2702 of this subtitle; and

  (2) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"), subject to Sec. 18-2703 of this subtitle.

#### Section 18-2702

(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 was not a resident of the State.

(c)

  (1) If a license holder or an employee of a license holder violates Sec. 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 Sec.?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 Sec. 6-304 of this article does not bar the Board from proceeding administratively against the license holder for the violation.

#### Section 18-2703

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

#### Section 18-2704

(a) In this section, "knowingly" means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual.

(b) A license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to a habitual drunkard.

(c) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to:

  (1) for a first offense, a fine not exceeding $50; and

  (2) for each subsequent offense, imprisonment not exceeding 30 days or a fine not exceeding $100 or both.

#### Section 18-2705

A retail dealer may not sell or provide a go cup to an individual to consume alcoholic beverages off the licensed premises.

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