This section does not apply to a person who: was acting in the capacity of a licensee, or an employee of a licensee, under the Alcoholic Beverages and Cannabis Article; and has committed a violation of and is subject to the penalties under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages and Cannabis Article. Except as provided in subsection (c) of this section, an adult who violates § 10–116 or § 10–117 of this subtitle is guilty of a misdemeanor and on conviction is subject to: a fine not exceeding $2,500 for a first offense; or a fine not exceeding $5,000 for a second or subsequent offense. An adult who violates § 10–117(d) of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.