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Section 27-2601 – Application of General Provisions

    (a)    The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:         (1)    § 6–202 (“Inspections”);         (2)    § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);         (3)    § 6–204 (“Power to summon witnesses”);         (4)    § 6–205 (“Peace officers”);         (5)    § 6–208 (“Regulating possession or consumption […]

Section 27-2604 – Search Warrants

    (a)    A judge in the District Court may issue a search warrant if a police officer or any other applicant files a complaint or an affidavit that:         (1)    is sworn to by the applicant;         (2)    describes with particularity the place or thing to be searched;         (3)    describes with particularity the things to be searched for; and         (4)    states that the […]

Section 27-2605 – Applicant May Assist in Execution of Warrant

    An applicant for a warrant under this subtitle or an agent of the applicant may:         (1)    accompany the officer who serves the warrant;         (2)    point out and enter the place or thing to be searched; and         (3)    assist the officer in searching the place or thing.

Section 27-2606 – Search of Residence Prohibited; Exception

    (a)    Except as provided in subsection (b) of this section, a warrant may not be issued to search a residence unless:         (1)    the residence or part of the residence is used as a store, hotel, restaurant, or boarding house;         (2)    the residence is used as a public resort; or         (3)    the residence is used to keep, hide, or provide […]

Section 27-2607 – When Posting of Copy of Warrant Is Required

    If an owner or operator of the establishment or thing from which alcoholic beverages or other items are seized cannot be served under this subtitle, the officer seizing the items shall:         (1)    post a copy of the warrant in a conspicuous location at the place searched or at or near the thing searched; and         (2)    hold the […]

Section 27-2608 – Requirements for Prosecution

    In a prosecution under this title:         (1)    it is not necessary to:             (i)    describe the place where the alcoholic beverage is sold or handled;             (ii)    show knowledge on the part of the principal to convict for the acts of the agent; or             (iii)    state the name of any person to whom the alcoholic beverage is sold; but         (2)    it is […]

Section 27-2609 – Receipt Is Prima Facie Evidence of Sale

    In a prosecution under this article, the issuance of a receipt issued by the United States in the county to a person as a wholesaler or retail dealer in alcoholic beverages or malt liquor is prima facie evidence of the sale of the class of alcoholic beverages or malt liquor authorized to be sold under […]

Section 27-2610 – Items Seized as Evidence

    (a)    Alcoholic beverages and items used to sell alcoholic beverages that are seized shall be held subject to the order of the court to be used as evidence in the prosecution of a violation of this article.     (b)    Prima facie evidence of the violation of this article includes:         (1)    alcoholic beverages and items used to sell alcoholic beverages; […]

Section 27-2611 – Scheduling of Trial

    (a)    Except as provided in subsection (b) of this section, if alcoholic beverages are seized and intended to be used as evidence in a prosecution under this article, the trial must take place within 30 days after the start of the prosecution.     (b)    The trial may be postponed not more than 15 days beyond the 30–day period: […]

Section 27-2612 – Notice of Hearing

    (a)    (1)    After scheduling a hearing to determine the purpose for which the alcoholic beverages are kept, the court shall issue a hearing notice to the officer who carried out the search.         (2)    On receipt of the notice, the officer shall post the notice at or near the place or thing where the alcoholic beverages were found.     (b)    If […]

Section 27-2613 – Disposition of Seized Items

    (a)    If a prosecution under this article results in a conviction and an appeal is not taken:         (1)    alcoholic beverages seized in connection with the prosecution shall be ordered to be destroyed; and         (2)    other property seized in connection with the prosecution shall continue to be held as the property of the defendant or the owner.     (b)    If a […]

Section 27-2614 – Distribution of Fines

    Fines imposed in the county shall be paid as follows:         (1)    one–half of each fine to the clerk of the court for use as provided in § 7–507 of the Courts Article; and         (2)    the other half to the county.

Section 27-2615 – Use of Fines

    (a)    (1)    The county may use any part of the fines for a violation of this article to hire detectives or undercover agents.         (2)    A detective or an undercover agent hired under this section shall be deputized as an officer.     (b)    When money is not available from fines, the County Commissioners may appropriate not more than $200 annually from […]

Section 27-2616 – Public Nuisance

    (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 […]