§ 27-2616. Public nuisance

MD Alcoholic B Code § 27-2616 (2019) (N/A)
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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.