Alcoholic beverages, unauthorized consumable products, as defined under § 1–323 of this article, and other contraband kept, possessed, used, sold, manufactured, stored, or transported in violation of this article: are subject to seizure and forfeiture; and when seized, may be recovered or disposed of only as provided in this subtitle. Property is forfeited if it: was seized as contraband in the possession or control of a defendant who is found guilty of violating this article; is otherwise found to be contraband or in violation of this article; or was seized in accordance with § 1–323 of this article. Except as provided in paragraph (2) of this subsection, property is forfeited if it: is seized as contraband and remains unclaimed for 30 days after seizure; and has not been destroyed in accordance with this subtitle. 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. The Comptroller or the Executive Director, as appropriate: if possible, shall notify the registered owner of the property of the seizure; and shall publish a notice: in a newspaper of general circulation in the county where the vehicle, vessel, or aircraft was seized; and informing interested persons of the seizure and the right to file a protest.

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: are contraband; and may be seized and forfeited in accordance with this subtitle.

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: is contraband; and may be seized by: the Comptroller or the Comptroller’s authorized enforcement officers; or the Executive Director or the Executive Director’s authorized enforcement officers; and may be forfeited in accordance with this subtitle.

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 or the Executive Director, as appropriate: within 30 days after seizure of the property; or 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.

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. 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. If the court determines that a lienholder had knowledge, the lienholder’s right, title, and interest to the property is forfeited. If the court does not determine that a lienholder had knowledge, but the property is otherwise subject to forfeiture: the property shall be forfeited; and the Comptroller or the Executive Director, as the Comptroller or Executive Director, as appropriate, considers in the best interest of the State, may: pay the outstanding indebtedness secured by the lien and keep the property; or deliver the property to the lienholder.

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. Property seized by State officers and forfeited becomes State property. Lawfully manufactured alcoholic beverages forfeited to a county in which there is a liquor control board that operates dispensaries: become the property of the liquor control board; and shall be sold by the dispensaries of the liquor control board. Proceeds from the sales shall be treated in the same way as proceeds from ordinary sales made by the dispensaries.

Except as provided in subsection (c) of this section, forfeited property shall be retained for official use, sold, or otherwise disposed of by: the Comptroller or the Executive Director, as appropriate, if the property was seized by State officers; or if the property was not seized by State officers: the Mayor and City Council of Baltimore City; or the board of county commissioners or the county council of the county in which the property was seized. The Comptroller, the Executive Director, 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. Illicit alcoholic beverages shall be destroyed and may not be returned or given to any person or disposed of in any other manner.

An officer seizing the following items shall, only to the extent necessary, immediately make them unfit for unlawful use: 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 illicit alcoholic beverages other than those seized for evidence or forfeiture. The officer shall report the seizure and destruction conducted under this section to the Executive Director.