The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation: § 6–202 (“Inspections”); § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”); § 6–204 (“Power to summon witnesses”); § 6–205 (“Peace officers”); § 6–208 (“Regulating possession or consumption of alcohol in public places”); and § 6–209 (“Adoption of standards for authorization of consumption”). Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the county. The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county: § 6–206 (“Charging document for unlawful sale of alcoholic beverage”), in addition to § 27–2608 of this subtitle; § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”), in addition to § 27–2609 of this subtitle; and § 6–211 (“Fines and forfeitures”), subject to §§ 27–2614 and 27–2615 of this subtitle.

The intention of this subtitle is to prevent the evasion and violation of alcoholic beverages laws in the county. This subtitle shall be liberally construed to carry out this purpose.

This subtitle does not apply to a shipment by a common carrier if the common carrier has no knowledge that the shipment contains alcoholic beverages.

A judge in the District Court may issue a search warrant if a police officer or any other applicant files a complaint or an affidavit that: is sworn to by the applicant; describes with particularity the place or thing to be searched; describes with particularity the things to be searched for; and states that the applicant has reason to believe that alcoholic beverages are sold or kept to be sold or otherwise disposed of in violation of law. A warrant issued under this section shall: be directed to the sheriff, deputy sheriff, or proper police officer; include a copy of the affidavit; require the officer to whom the warrant is directed to search the place or thing described in the warrant and seize any: alcoholic beverages found in quantities that suggest that they are being kept for sale; means to sell alcoholic beverages, including furniture, implements, and equipment; paraphernalia of a barroom or saloon that sells alcoholic beverages; and United States Internal Revenue tax receipts for the sale of alcoholic beverages dated during the time of the alleged offense; and require the officer to report in writing on the search and make an immediate return on the warrant. An affidavit, a warrant for search, and a report and return shall be substantially in the following form: State of Maryland, Queen Anne’s County, to wit: To: ..............................., of Queen Anne’s County: Greetings: Whereas, there has been filed with the undersigned an affidavit, of which the following is a copy, to wit: Whereas on this .... day of ...., 20.., before the Subscriber, .... in and for said County, personally appeared ...., and made complaint and oath that the applicant has just and reasonable cause to suspect and believe and does suspect and believe that intoxicating liquor is sold, or except for the purpose of being sold or otherwise disposed of in violation of the law in the .... of .... at, in .... of said County, and that in and upon said premises and at said place and house will be found upon search thereof, the following: Intoxicating liquors, and the vessels and bottles in which the same are contained, and barroom, and drinking saloon paraphernalia, and the United States Internal Revenue tax receipt for sale of intoxicating liquor at this time effective (and any other facts material): These Are Therefore, in the name of the State of Maryland, to command you, together with the necessary and proper assistance, to enter into the said .... of the said .... at, in .... in the County aforesaid, and there diligently search for the said intoxicating liquor and means used for the sale of same, or any part thereof as described in the aforegoing affidavit of complaint, and that you bring the same, or any part thereof, found in such search, and the person or persons in whose custody they are found forthwith before me to be disposed of and dealt with according to law; and have you there this warrant. Given under my hand this .... day of ...., 20... ……………………………………… Judge of the District Court REPORT AND RETURN To Hon. …., Judge of the District Court in Queen Anne’s County. This Return and Report, made this .... day of ...., 20.., is to certify, That pursuant and in obedience to the commands of the annexed warrant to me directed, I did on the .... day of ...., 20.., enter and search the place, house and premises described in said warrant and found and seized the following, to wit: (here set forth what was found and seized), and do forthwith bring the same, and one …. the person in whose custody the same were found before you. .……………………………………... (Person serving warrant)

An applicant for a warrant under this subtitle or an agent of the applicant may: accompany the officer who serves the warrant; point out and enter the place or thing to be searched; and assist the officer in searching the place or thing.

Except as provided in subsection (b) of this section, a warrant may not be issued to search a residence unless: the residence or part of the residence is used as a store, hotel, restaurant, or boarding house; the residence is used as a public resort; or the residence is used to keep, hide, or provide alcoholic beverages to sell or for another use that violates the law. A judge of the District Court may issue a warrant after determining that the issuance would be proper, based on an examination of: the applicant for the warrant; or other evidence.

If an owner or operator of the establishment or thing from which alcoholic beverages or other items are seized cannot be served under this subtitle, the officer seizing the items shall: post a copy of the warrant in a conspicuous location at the place searched or at or near the thing searched; and hold the items subject to the order of the court and make return of that action.

In a prosecution under this title: it is not necessary to: describe the place where the alcoholic beverage is sold or handled; show knowledge on the part of the principal to convict for the acts of the agent; or state the name of any person to whom the alcoholic beverage is sold; but it is sufficient to state that the violation charged took place in the county.

In a prosecution under this article, the issuance of a receipt issued by the United States in the county to a person as a wholesaler or retail dealer in alcoholic beverages or malt liquor is prima facie evidence of the sale of the class of alcoholic beverages or malt liquor authorized to be sold under the receipt: by the person; in the county or a place of business of the person where the receipt is posted; and at the time charged in a suit or prosecution under this article, if the time is within the life of the receipt.

Alcoholic beverages and items used to sell alcoholic beverages that are seized shall be held subject to the order of the court to be used as evidence in the prosecution of a violation of this article. Prima facie evidence of the violation of this article includes: alcoholic beverages and items used to sell alcoholic beverages; the means or materials to manufacture, transport, or dispose of the alcoholic beverages; and the paraphernalia of a barroom or saloon.

Except as provided in subsection (b) of this section, if alcoholic beverages are seized and intended to be used as evidence in a prosecution under this article, the trial must take place within 30 days after the start of the prosecution. The trial may be postponed not more than 15 days beyond the 30–day period: if at the time of trial, a return has not been properly made; or for other sufficient cause.

After scheduling a hearing to determine the purpose for which the alcoholic beverages are kept, the court shall issue a hearing notice to the officer who carried out the search. On receipt of the notice, the officer shall post the notice at or near the place or thing where the alcoholic beverages were found. If no one appears to claim the alcoholic beverages or other seized items at the hearing scheduled in accordance with this section or within 30 days after the hearing, the court shall order that the alcoholic beverages and other items be disposed of.

If a prosecution under this article results in a conviction and an appeal is not taken: alcoholic beverages seized in connection with the prosecution shall be ordered to be destroyed; and other property seized in connection with the prosecution shall continue to be held as the property of the defendant or the owner. If a prosecution under this article does not result in a conviction, property seized in connection with the prosecution shall be returned to the person from whom it was taken. Subject to paragraph (2) of this subsection, a person’s claim of insufficiency of the description of the alcoholic beverages seized under this subtitle or the place or thing searched provided in the complaint or warrant does not result in the immediate return of the alcoholic beverages to the person. The person with a claim of insufficiency under paragraph (1) of this subsection is entitled to a hearing on the claim when the case is tried. A conviction under this subtitle bars an action for: the recovery of alcoholic beverages or the value of alcoholic beverages; or damages alleged to have arisen from seizing alcoholic beverages. Alcoholic beverages or other items seized under this subtitle may not be taken from the custody of the officer by a writ of replevin or other process while a prosecution under this subtitle is pending.

Fines imposed in the county shall be paid as follows: one–half of each fine to the clerk of the court for use as provided in § 7–507 of the Courts Article; and the other half to the county.

The county may use any part of the fines for a violation of this article to hire detectives or undercover agents. A detective or an undercover agent hired under this section shall be deputized as an officer. When money is not available from fines, the County Commissioners may appropriate not more than $200 annually from the general fund of the county to enforce this subtitle.

A place where alcoholic beverages are sold in violation of this article or Title 5 of the Tax – General Article is a public nuisance. On conviction of the owner or operator of the place, the place may be closed and the public nuisance may be abated until a $2,000 bond is posted, payable to the State. The bond shall be conditioned on the owner or operator: not selling alcoholic beverages in violation of this article; and paying all fines, costs, and damages assessed against the owner. If a condition of the bond is violated, the county may bring action against the owner or operator for fines, costs, and damages. If a jury trial is requested or an appeal is taken in a case in which a place is alleged to be a public nuisance, the place shall be closed until the defendant posts a $2,000 bond under the same conditions as those specified under subsection (b) of this section. A person who owns or operates a public nuisance as described in subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to: for a first offense, a fine not exceeding $500 or imprisonment not exceeding 1 year or both; and for each subsequent offense, a fine not exceeding $2,000 and imprisonment not exceeding 2 years or both.