Public nuisance

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    (a)    A place where alcoholic beverages are sold in violation of this article or Title 5 of the Tax – General Article is a public nuisance.

    (b)    (1)    On conviction of the owner or operator of the place, the place may be closed and the public nuisance may be abated until a $2,000 bond is posted, payable to the State.

        (2)    The bond shall be conditioned on the owner or operator:

            (i)    not selling alcoholic beverages in violation of this article; and

            (ii)    paying all fines, costs, and damages assessed against the owner.

        (3)    If a condition of the bond is violated, the county may bring action against the owner or operator for fines, costs, and damages.

    (c)    If a jury trial is requested or an appeal is taken in a case in which a place is alleged to be a public nuisance, the place shall be closed until the defendant posts a $2,000 bond under the same conditions as those specified under subsection (b) of this section.

    (d)    A person who owns or operates a public nuisance as described in subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to:

        (1)    for a first offense, a fine not exceeding $500 or imprisonment not exceeding 1 year or both; and

        (2)    for each subsequent offense, a fine not exceeding $2,000 and imprisonment not exceeding 2 years or both.


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