Allowing consumption, possession, or transfer of alcoholic beverages

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    (a)    Except as provided in subsection (b) of this section and otherwise provided in this article, a person may not knowingly allow the consumption, possession, or transfer of alcoholic beverages in an establishment that is a restaurant, tavern, hotel, club, dance studio, disco, or place of public entertainment if:

        (1)    the establishment is not licensed by the Board;

        (2)    the person possesses or controls the establishment as owner, lessee, or user; and

        (3)    the establishment is:

            (i)    open to the public or licensed by the State; or

            (ii)    licensed by the State or a county unit other than the Board.

    (b)    (1)    The prohibition under subsection (a) of this section does not apply to:

            (i)    the room of a registered guest in a hotel, motel, or hospice; or

            (ii)    the property of:

                1.    a volunteer fire company;

                2.    a catering establishment;

                3.    a community or civic association;

                4.    a swim club;

                5.    a social, civic, nonprofit, charitable, fraternal, patriotic, educational, or public service organization; or

                6.    a religious institution that has been in existence for at least 3 years.

        (2)    The Board may exempt a place similar to one listed in paragraph (1) of this subsection on a case–by–case basis.

        (3)    The Board shall adopt regulations to administer this subsection.

    (c)    An owner, a manager, or an employee of an establishment subject to the prohibitions of this section who knowingly allows the prohibited consumption in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.


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