# Alcoholic Beverages and Cannabis (GAB)

## Title 6. Forfeitures; Enforcement; Prohibited Acts; Penalties

### Subtitle 3. Prohibited Acts

#### Section 6-301

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

#### Section 6-304

A license holder or an employee of the license holder may not sell or provide alcoholic beverages to an individual under the age of 21 years.

#### Section 6-305

A license holder or an employee of the license holder may accept as proof of an individual's age:

(1) if the individual is a resident of the State, the individual's driver's license or identification card as provided for in the Maryland Vehicle Law;

(2) a United States military identification card; or

(3) the individual's electronic credential issued by the Motor Vehicle Administration under Title 16, Subtitle 10 of the Transportation Article.

#### Section 6-306

The establishment of the following facts by a seller of alcoholic beverages to an underage individual is prima facie evidence of innocence and a defense to a prosecution for serving alcoholic beverages to an underage individual:

(1) the purchaser falsely represented in writing and supported with other documentary evidence that the purchaser was of legal age to purchase alcoholic beverages;

(2) on the basis of the appearance of the purchaser, an ordinary and prudent individual would believe the purchaser to be of legal age to purchase alcoholic beverages; and

(3) the sale was made in good faith and in reliance on the written representation and appearance of the purchaser.

#### Section 6-307

A license holder or an employee of the license holder may not sell or provide alcoholic beverages to an individual who, at the time of the sale or delivery, is visibly under the influence of an alcoholic beverage.

#### Section 6-308

(a) This section does not apply to a Class 4 limited winery that brings wine or pomace brandy manufactured on its licensed premises onto a retail licensed premises if:

  (1) the wine or pomace brandy is being provided for a promotional activity conducted by the limited winery, a retail license holder, an alcoholic beverages trade association, or a nonprofit organization;

  (2) a representative of the limited winery or a trade association representing Maryland wineries is present at all times during the promotional activity;

  (3) the limited winery or winery trade association complies with any regulations that the Executive Director adopts relating to on-premises promotions and product sampling;

  (4) the limited winery or winery trade association has advance written permission of the retail license holder to bring wine products on the retail licensed premises for the promotional activity; and

  (5) all unopened or partially consumed containers of wine and pomace brandy are removed from the retail licensed premises at the end of the promotional activity.

(b) A license holder may not allow an individual to consume on the licensed premises an alcoholic beverage that is:

  (1) not purchased on the premises from the license holder; and

  (2) not otherwise allowed by this article to be consumed on the premises.

#### Section 6-309

(a) A license holder, a proprietor, or an operator of an establishment that provides alcoholic beverages may not allow on-premises consumption or possession of alcoholic beverages by an individual under the age of 21 years, regardless of who purchased or obtained the alcoholic beverages.

(b) In addition to any other penalty under this article, a license holder, a proprietor, or an operator who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

#### Section 6-310

(a)

  (1) Except as provided in paragraph (2) of this subsection, a license holder may not directly or indirectly give or offer without charge food to a customer to induce the customer to purchase alcoholic beverages for on-premises consumption.

  (2) This section does not apply to hors d'oeuvres, pretzels, cheese, or crackers that are placed on a counter in the licensed premises for customers to consume without charge.

(b) The placement of food by a license holder in the licensed premises for customers to consume without charge is prima facie evidence of a violation of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10 for each offense.

#### Section 6-311

(a) This section does not apply to a holder of a Class E, Class F, or Class G license.

(b) A retail dealer may not:

  (1) purchase any alcoholic beverage except from a licensed manufacturer or wholesaler, private bulk sale permit holder, or nonresident winery permit holder;

  (2) sell any alcoholic beverage to any other retail dealer except the holder of a Class C per diem beer, beer and wine, or beer, wine, and liquor license; or

  (3) keep or allow to be kept any alcoholic beverage on the licensed premises except those that have been purchased by the retail dealer.

#### Section 6-312

(a)

  (1) A person may not manufacture, sell, or offer for sale, or order or allow an employee or other person to sell or offer for sale, a beverage as malt extract or beer unless the beverage has been brewed and fermented as such.

  (2) A person may not sell or offer for sale, or order or allow an employee or other person to sell or offer for sale:

    (i) beer to which coloring or porterine has been added so as to represent the beer to be malt extract, porter, or another beverage; or

    (ii) a malt or liquor unless the malt or liquor is identified by its proper name.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

#### Section 6-313

(a)

  (1) A retail dealer or an agent or employee of a retail dealer may not:

    (i) tamper with or change the quantity or quality of the contents of a container of an alcoholic beverage:

      (1) after the container has been lawfully sealed; and

      (2) while the contents remain in the container; or

    (ii) except as specifically authorized by this article with respect to refillable beer and wine containers, refill a container of an alcoholic beverage with a substance after the container has been emptied of its original contents.

  (2) A retail dealer may not possess a container of an alcoholic beverage that has been tampered with or refilled in violation of paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

#### Section 6-314

(a)

  (1) Except as provided in paragraph (2) of this subsection, a person may not sell or offer for sale at retail an alcoholic beverage container that is:

    (i) made from metal or a composite material; and

    (ii) designed and constructed with an all-metal tab opening device that detaches from the container when the container is opened in a manner that is normally used to empty the contents of the container.

  (2) Paragraph (1) of this subsection does not apply to:

    (i) a beverage container sealed with a laminated tape seal, including one with aluminum foil, that is not rigid;

    (ii) an all-metal container with a detachable metal pull tab for a frozen beverage concentrate that is customarily and primarily purchased for dilution and use in the home or a similar purpose; and

    (iii) a metal beverage container with a detachable metal pull tab for a milk-based, soy-based, or similar product that requires sterilization and pressure in the canning process.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

#### Section 6-315

(a) Except as provided in subsection (b) of this section, an alcoholic beverage is presumed to be an illicit alcoholic beverage if it is found in a container that does not have a regular label that:

  (1) describes the true contents of the container; and

  (2) states the true name of the importer, manufacturer, bottler, or rectifier.

(b) The presumption under subsection (a) of this section does not apply to an alcoholic beverage found in:

  (1) a drinking glass or other similar open container for drinking purposes;

  (2) a home-type decanter found in a house or a punch bowl or similar receptacle if the circumstances indicate that the alcoholic beverage is for on-premises consumption and is not for sale; or

  (3) a container possessed by a retail license holder when the alcoholic beverage is premixed for lawful sale and consumption.

#### Section 6-316

(a) A person may not sell at retail an alcoholic beverage with an alcohol content by volume of 95% (190 proof) or more.

(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 6-317

(a) A license holder or an employee of a license holder may not require, as a condition of sale of an alcoholic beverage for on-premises consumption, that an individual buy more than one bottle, container, or other serving of an alcoholic beverage at a time.

(b) The issuer of a license may revoke or suspend the license for a violation of this section.

(c) Instead of or in addition to suspending or revoking the license, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both for each offense.

#### Section 6-319

(a) This section does not apply to a Class 4 limited winery that brings wine or pomace brandy manufactured on its licensed premises onto a retail licensed premises if:

  (1) the wine or pomace brandy is provided for a promotional activity conducted by the limited winery, a retail license holder, an alcoholic beverages trade association, or a nonprofit organization;

  (2) a representative of the limited winery or a trade association representing Maryland wineries is present at all times during the promotional activity;

  (3) the limited winery or winery trade association complies with any regulations that the Executive Director adopts relating to on-premises promotions and product sampling;

  (4) the limited winery or winery trade association has advance written permission of the retail license holder to bring wine products on the retail licensed premises for the promotional activity; and

  (5) all unopened or partially consumed containers of wine and pomace brandy are removed from the retail licensed premises at the end of the promotional activity.

(b) An individual may not consume on the licensed premises of a license holder an alcoholic beverage that is:

  (1) not purchased on the premises from the license holder; and

  (2) not otherwise allowed by this article to be consumed on the premises.

#### Section 6-320

(a) An individual may not:

  (1) be intoxicated and endanger the safety of another individual or property; or

  (2) be intoxicated or consume an alcoholic beverage in a public place and cause a public disturbance.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

#### Section 6-321

(a) In this section, "public property" includes property that is:

  (1) a structure, road, parking area, or grounds; and

  (2) located on land owned, leased, or operated by:

    (i) the State;

    (ii) a county;

    (iii) a municipality;

    (iv) the Washington Suburban Sanitary Commission;

    (v) the Maryland-National Capital Park and Planning Commission;

    (vi) the Montgomery County Revenue Authority; or

    (vii) the Washington Metropolitan Area Transit Authority.

(b)

  (1) Except as provided in paragraphs (2) and (3) of this subsection, an individual may not consume an alcoholic beverage:

    (i) on public property;

    (ii) on the mall, adjacent parking area, or other outside area of a shopping center;

    (iii) on an adjacent parking area or other outside area of any other retail establishment; and

    (iv) in a parked vehicle located in an area described under item (i), (ii), or (iii) of this paragraph.

  (2) An individual may consume an alcoholic beverage on:

    (i) public property if authorized by the governmental entity that has authority over the property; or

    (ii) private property described under paragraph (1)(ii) through (iv) of this subsection if authorized by the owner of the property.

  (3) If the owner or operator of a motor home or chartered bus has consented to the consumption of the alcoholic beverages, paragraph (1) of this subsection does not apply to passengers:

    (i) in the living quarters of a motor home equipped with a toilet and central heating; or

    (ii) of a chartered bus in transit.

(c)

  (1) A violation of this section is a Code violation and a civil offense.

  (2) A person who violates this section:

    (i) shall be issued a citation under Sec. 10-119 of the Criminal Law Article; and

    (ii) is subject to a fine not exceeding $100.

#### Section 6-322

(a)

  (1) Except as provided in paragraph (2) of this subsection, an individual may not possess an alcoholic beverage in an open container while:

    (i) on the mall, adjacent parking area, or other outside area of a shopping center;

    (ii) on an adjacent parking area or other outside area of any other retail establishment; or

    (iii) in a parked vehicle located in an area described under item (i) or (ii) of this paragraph.

  (2) An individual may possess an alcoholic beverage in an open container on private property described under paragraph (1) of this subsection if the individual is authorized by the owner of the establishment.

(b)

  (1) A violation of this section is a Code violation and a civil offense.

  (2) A person who violates this section:

    (i) shall be issued a citation under Sec. 10-119 of the Criminal Law Article; and

    (ii) is subject to a fine not exceeding $100.

#### Section 6-323

(a) In this section, "AWOL machine" means an Alcohol Without Liquid device, a Vaportini, or any similar device that mixes an alcoholic product with pure oxygen or other gas to produce a vaporized product that can be inhaled.

(b) A person may not:

  (1) use an AWOL machine to inhale alcohol vapor or otherwise introduce alcohol in any form into the human body; or

  (2) with the intent to introduce alcohol into the human body, possess, purchase, transfer, or offer for sale or use an AWOL machine.

(c)

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

  (2) Each violation of this section is a separate offense.

#### Section 6-326

(a) A person may not sell or offer for sale alcoholic beverages that are sold in powder or crystalline form for direct use or use in combination with water or any other substance.

(b)

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

  (2) Each violation of this section is a separate offense.

#### Section 6-327

(a)

  (1) A person in the business of selling or distributing alcoholic beverages in or from another state may not ship, cause to be shipped, or deliver alcoholic beverages directly to a recipient in the State if the seller, distributor, shipper, transporter, or recipient does not hold the required license or permit.

  (2) The prohibition under paragraph (1) of this subsection applies to alcoholic beverages ordered or purchased through a computer network.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

#### Section 6-328

(a) A person may not:

  (1) knowingly or willfully possess, transport, sell, offer for sale, or, on the person's property, store or authorize storage of an alcoholic beverage on which the tax imposed by the Tax - General Article has not been paid;

  (2) evade a tax imposed on an alcoholic beverage under the Tax - General Article;

  (3) counterfeit a stamp or certificate required under this article or the Tax - General Article; or

  (4) violate a regulation that the Comptroller or the Executive Director adopts under this article or the Tax - General Article.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

#### Section 6-329

(a)

  (1) A person may not remove or destroy or cause to be removed or destroyed property that has been seized under:

    (i) this article; or

    (ii) the provisions of the Tax - General Article relating to the tax on alcoholic beverages.

  (2) A person may not prevent or attempt to prevent the seizure of property by:

    (i) pouring out the contents of the property;

    (ii) breaking or destroying the property;

    (iii) removing the property from the premises; or

    (iv) otherwise disposing of the property.

(b) When a premises, place, or thing is being searched or about to be searched, any fluid poured out or otherwise disposed of by a person in violation of subsection (a) of this section is prima facie evidence that the fluid is an alcoholic beverage and intended for sale or other use in violation of this article or the Tax - General Article.

#### Section 6-330

(a) A person may not make a false statement when taking an oath or in any of the following documents required under this article:

  (1) a signed statement;

  (2) a report; or

  (3) an affidavit.

(b) A person who violates this section is guilty of the misdemeanor of perjury and on conviction is subject to the penalty stated under Sec. 9-101 of the Criminal Law Article.

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