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: describes the true contents of the container; and states the true name of the importer, manufacturer, bottler, or rectifier. The presumption under subsection (a) of this section does not apply to an alcoholic beverage found in: a drinking glass or other similar open container for drinking purposes; 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 a container possessed by a retail license holder when the alcoholic beverage is premixed for lawful sale and consumption.