Subject to Division II of this article, this subtitle applies statewide.

A building, vehicle, or premises where alcoholic beverages are authorized to be kept, transported, manufactured, or sold under a license or permit may be inspected and searched, without a warrant, by: the Comptroller or an authorized deputy, inspector, or clerk of the Comptroller; the Executive Director or an authorized deputy, inspector, clerk, or other designee of the Executive Director; the local licensing board of the county or city where the place of business is located or an authorized agent or employee of the local licensing board; and a peace officer of the county or city where the place of business is located. Evidence discovered during an inspection or search is admissible in a prosecution for the violation of a public general or public local law and in a hearing for the revocation, suspension, or restriction of the license or permit. If the license holder or permit holder is found not guilty, alcoholic beverages taken as evidence shall be returned to the license holder or permit holder. If a license or permit holder is found guilty, alcoholic beverages taken as evidence shall be: sold to other license holders; turned over to State institutions for medicinal use; or destroyed. Proceeds from the sale of alcoholic beverages taken as evidence shall be credited to the General Fund of the State or jurisdiction, as appropriate.

To prevent and detect fraud by manufacturers, wholesalers, and retail dealers, the Executive Director, the local licensing board, and an authorized deputy or inspector of the Executive Director or the local licensing board: may use hydrometers, saccharometers, weighing and gauging instruments, or other means, records, or devices to ascertain the quantity or quality of alcohol in an alcoholic beverage as they consider necessary; and may adopt rules and regulations to establish a uniform system of inspection, marking, and gauging of alcoholic beverages.

For a hearing or inquiry that the Executive Director or a local licensing board may hold or make, the Executive Director or a local licensing board may issue summonses for witnesses and administer oaths or affirmations to the witnesses. A summons shall be served by the sheriff. The official issuing a summons may petition the circuit court if a witness summoned neglects or refuses to attend a hearing or inquiry for which the witness was summoned or refuses to testify. The court may proceed by attachment against the witness as if the witness had been summoned to appear in a case pending before the court and had neglected or refused to do so.

The State’s Attorneys, sheriffs, bailiffs, police, and other prosecuting and peace officers shall: enforce this article; and prosecute a person charged with violating this article. The powers and duties conferred on the Comptroller, the Commission, the Executive Director, or any other State official by this article do not relieve local officials from the duty of enforcement or prosecution. This section does not restrict the appropriation of funds by a political subdivision of the State to aid enforcement of this article.

A charging document may charge an unlawful sale or disposition of an alcoholic beverage without stating the particular kind of alcoholic beverage. On application by the defendant before trial, the State’s Attorney shall give to the defendant a statement of the particular kind of alcoholic beverage.

In this section, “tetrahydrocannabinol” has the meaning stated in § 36–1102 of this article. In a prosecution for selling alcoholic beverages or tetrahydrocannabinol without an appropriate license, proof that the defendant displayed or offered alcoholic beverages or tetrahydrocannabinol for sale, or kept a place of business where alcoholic beverages or tetrahydrocannabinol were displayed or offered for sale, is prima facie evidence that the defendant sold alcoholic beverages or tetrahydrocannabinol. In a prosecution for a violation of § 1–323(b) of this article or a violation listed in § 1–313(b)(2)(iii)2, 3, or 4 of this article, proof that the defendant displayed or offered for sale an unauthorized consumable product, or kept a place of business where an unauthorized consumable product was displayed, advertised, or offered for sale, is prima facie evidence that the defendant sold an unauthorized consumable product.

The governing body of a municipality may adopt an ordinance or a resolution to regulate the possession or consumption of alcoholic beverages in a parking lot, common area, or general common element in: a leased residential property, including attached single–family homes or a multifamily dwelling unit; a condominium; or a homeowners association.

A local governmental entity that owns or otherwise has jurisdiction over public property may adopt by local law or ordinance standards providing for the authorization of the consumption of alcoholic beverages on public property, otherwise prohibited by this subtitle, and consistent with the intended use of the property by the public.

A political subdivision of the State may not adopt an ordinance or a resolution identical to or in addition to § 6–320 of this title. An existing ordinance, resolution, or other legislation adopted by a political subdivision of the State that is inconsistent with § 6–320 of this title is repealed.

Each fine imposed or recognizance forfeited for a violation of this article is payable to the county where the offense was committed.