# Alcoholic Beverages and Cannabis (GAB) ## Title 9. Allegany County ### Subtitle 27. Prohibited Acts #### Section 9-2701 (a) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county without exception or variation: (1) Sec. 6-305 ("Proof of age for sale of alcoholic beverages"); (2) Sec. 6-306 ("Defense to prosecution for sale to underage individual"); (3) Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder"); (4) Sec. 6-309 ("Allowing on-premises consumption or possession of alcoholic beverages by individual under the age of 21 years"); (5) Sec. 6-310 ("Providing free food"); (6) Sec. 6-311 ("Restrictions on purchases and sales by retail dealer"); (7) Sec. 6-312 ("Beverage misrepresentation"); (8) Sec. 6-313 ("Tampering with alcoholic beverage container"); (9) Sec. 6-314 ("Sale of alcoholic beverage container with detachable metal tab"); (10) Sec. 6-315 ("Alcoholic beverage in container without regular label presumed illicit"); (11) Sec. 6-316 ("Maximum alcohol content"); (12) Sec. 6-317 ("Multiple serving purchase required"); (13) Sec. 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder"); (14) Sec. 6-320 ("Disorderly intoxication"); (15) Sec. 6-321 ("Consumption of alcoholic beverages in public"); (16) Sec. 6-322 ("Possession of open container"); (17) Sec. 6-323 ("Possession or use of Alcohol Without Liquid machine"); (18) Sec. 6-326 ("Sale of alcoholic beverages in powder or crystalline form prohibited"); (19) Sec. 6-327 ("Unlicensed out-of-state sale of alcoholic beverages"); (20) Sec. 6-328 ("Tax evasion"); (21) Sec. 6-329 ("Destruction of evidence"); and (22) Sec. 6-330 ("Perjury"). (b) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county: (1) Sec. 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years"), subject to Sec. 9-2702 of this subtitle; and (2) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"), subject to Sec. 9-2703 of this subtitle. #### Section 9-2702 (a) A license holder or an employee of a license holder who is charged with a violation of Sec. 6-304 of this article: (1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and (2) may not be required to post bail pending trial in any court of the State. (b) A license holder or an employee of a license holder may not be found guilty of a violation of Sec. 6-304 of this article if: (1) the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years; and (2) the individual was not a resident of the State. (c) A license holder or an employee of the license holder who violates Sec. 6-304 of this article 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. (d) The Board may not proceed against a license holder for a violation of Sec. 6-304 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation. #### Section 9-2703 (a) A license holder or an employee of a license holder who is charged with a violation of Sec. 6-307 of this article: (1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and (2) may not be required to post bail pending trial in any court of the State. (b) A license holder or an employee of the license holder who violates Sec. 6-307 of this article 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. (c) The Board may not proceed against a license holder for a violation of Sec. 6-307 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation. #### Section 9-2704 (a) In this section, "knowingly" means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual. (b) A license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to a habitual drunkard. (c) A license holder 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 9-2705 (a) A license holder may not allow gambling that is prohibited by law on the licensed premises. (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 9-2706 (a) A license holder whose license has the privilege that allows the sale of alcoholic beverages by clubs may not lease the privilege to a person who, by an agreement with the license holder, may make a profit from the license. (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 9-2707 (a) A license holder may not allow disorderly or disreputable individuals to congregate on the licensed premises. (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 9-2708 (a) A license holder may not allow an individual who is not a consumer to loiter about the place of business for which the license is issued. (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 9-2709 (a) A person may not display or consume in a licensed establishment any alcoholic beverage other than those that the license holder of the licensed establishment may sell. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50. --- Md. Code Ann., Alco. Bev. (as displayed at mgaleg.maryland.gov, October 16, 2026)