(a)   (1)   Alcoholic beverages may not be bought, possessed, stored, imported,
transported, kept or suffered to be bought, possessed, stored,
imported, transported or kept in any vehicle, vessel or aircraft or on
any premises or under the charge or control of any person except: (i)
by a consumer, or (ii) by a licensee as provided in this article, or
(iii) by a person under 21 years of age who has in the person's
possession or is transporting alcoholic beverages for any lawful
purpose with the knowledge and consent of the person's parent or
guardian or incident to the lawful employment of the person as provided
for in this article. However, this exception does not permit a person
under the age of 21 to buy or consume alcoholic beverages, nor to
possess, store, import, transport or keep alcoholic beverages for his
own use, nor to buy, possess, store, import, transport or keep
alcoholic beverages for any purpose in any county or Baltimore City
where otherwise prohibited by this article or any other law of this
State.
    (2)   A person may not sell, or suffer to be sold, or for the purpose of
sale, transport, buy, possess, keep or suffer to be transported,
bought, possessed or kept in any vehicle, vessel or aircraft or on any
premises or under the person's charge or control any alcoholic
beverages unless otherwise provided for in this article or the Tax -
General Article.
    (3)   A person may not manufacture, blend, rectify, bottle or suffer to be
manufactured, blended, rectified or bottled any alcoholic beverages
except on premises licensed under this article unless otherwise
provided for in this article.
    (4)   A person may not buy, bargain, sell, borrow, lend, manufacture,
possess, transport or suffer to be bought, bargained, sold, lent,
manufactured, possessed or transported any apparatus, materials,
equipment, implements, devices or other personal property designed,
used or intended for use directly or immediately in connection with the
unlawful manufacture of alcoholic beverages. The apparatus, materials,
equipment, implements, devices or other personal property shall be
deemed contraband and may be confiscated and forfeited as provided in
this article.
    (5)   Any vehicle, vessel or aircraft used with the express or implied
knowledge, consent or permission of its lawful owner for the purpose of
violating any of the provisions of this article relating to the
unlawful manufacture of alcoholic beverages or which is used to
transport, store or secrete illicit alcoholic beverages shall be deemed
contraband and may be confiscated by the Comptroller or his duly
authorized enforcement officers and may be forfeited as provided for in
this article.
  (b)   (1)   A license or permit is not required for the manufacture of family wine,
beer, or cider exclusively for home consumption, competition, or use in
a licensed national family wine exhibition and not for sale.
    (2)   In St. Mary's County, cider or native wines may be sold by their maker
without a license.
  (c)   (1)   A license or permit is not required in the case of:
      (i)   A common carrier, warehouseman or other lienholder exercising that
lienholder's right to sell alcoholic beverages under a lien;
      (ii)   Any authorized county or Baltimore City official exercising the
official's right to sell certain confiscated alcoholic beverages as
provided in this section; or
      (iii)   Any sheriff, constable, receiver, auctioneer, trustee, attorney,
executor or administrator selling alcoholic beverages under an order of
court.
    (2)   Sales may only be made to a license holder, and if the purchaser is a
retail dealer, the person making the sale shall pay the taxes imposed
by § 5-102 of the Tax - General Article before delivery is made to
the purchaser.
  (d)   Warehouse receipts covering alcoholic beverages on storage in public
(including government controlled) warehouses in this State may be
purchased or sold without a license or permit, but withdrawals or
deliveries of those beverages may not be made in this State except to
licensed manufacturers and wholesalers. The Comptroller may prescribe
regulations covering warehouse receipt transactions.
  (e)   A license or permit is not required either of transport planes
furnished with a cocktail lounge or of ships carrying passengers or
cargo to a foreign port, in order to purchase alcoholic beverages from
wholesalers or manufacturers, if satisfactory proof in writing is
furnished that the beverages are for sale or use beyond the continental
limits and possessions of the United States.
  (f)   (1)   All alcoholic beverages and other contraband kept, possessed, used,
sold, manufactured, stored or transported contrary to the provisions of
this article are subject to confiscation and forfeiture, and when
confiscated may be recovered or disposed of only as provided in this
subsection.
    (2)   If any defendant is adjudged guilty of violating the provisions of this
article any property in the defendant's possession or control seized
as contraband shall be deemed immediately forfeited. Any property
otherwise adjudged as contraband or otherwise in violation of the
provisions of this article shall be deemed immediately forfeited. Where
any property seized as contraband is unclaimed for 30 days subsequent
to the date of confiscation and the property has not been destroyed as
provided in this section, the property shall be deemed forfeited,
except vehicles, vessels and aircraft which shall be deemed forfeited
unless a claim is filed within 30 days subsequent to the date of
publication provided for in paragraph (3) of this subsection.
    (3)   The Comptroller shall notify the registered owner where possible and
shall publish notice in a newspaper of general circulation in the
county, or Baltimore City, where seized, of any vehicle, vessel or
aircraft confiscated under this article. The notice shall inform
interested persons of the seizure and right to file a claim protesting
the confiscation of the vehicle, vessel or aircraft.
    (4)   Any lawful lienholder, or other person showing a legal right, title or
interest in confiscated property not destroyed as provided in this
section, within 30 days of confiscation or, if the confiscated property
is a vehicle, vessel or aircraft, within 30 days of publication of
notice, may file a claim protesting the seizure with the Comptroller.
When a claim and protest is filed the circuit court for the county in
which the property was confiscated shall proceed in rem to hear and
determine the question of forfeiture.
    (5)   If the court determines any property is subject to forfeiture it shall
also determine whether any lawful lienholder who has filed a timely
claim and protest had knowledge of the intended unlawful use. If the
court finds that knowledge then the lienholder's right, title and
interest to the property shall likewise be deemed forfeited. If the
court does not find that knowledge and the property is otherwise
subject to forfeiture, it shall be forfeited and the Comptroller, as
the Comptroller deems in the best interest of the State, may pay the
outstanding indebtedness secured by the lawful lien and keep the
property or deliver the property to the lienholder.
    (6)   Any property confiscated and forfeited under this article or the
provisions of the Tax - General Article that relate to the alcoholic
beverage tax shall become the property of the respective county or City
of Baltimore in which they were confiscated, except that property
confiscated by officers of this State shall become the property of this
State. The Comptroller of the Treasury, the county commissioners or
county councils of the respective counties, or the Mayor of Baltimore
City, as the case may be, as they deem in the best public interest,
shall retain for official use, sell, or otherwise dispose of the
forfeited property. However, any lawfully manufactured alcoholic
beverages forfeited to a county in which there is a liquor control
board shall become the property of the liquor control board for that
county and shall be sold by the county dispensaries in those counties.
The proceeds from the sales shall be treated in the same way as the
proceeds from ordinary sales made by the dispensaries. Illicit
alcoholic beverages may not be returned or given to any person or
otherwise disposed of except by destruction.
    (7)   An officer confiscating any unlicensed distillery or unlawful
distillery materials, equipment or devices under circumstances which
render it impractical or impossible to move them to a safe place of
custody and storage, or confiscating any illicit alcoholic beverages,
except that seized for evidence or forfeiture, shall forthwith destroy
them only insofar as is necessary to render them unfit for further
unlawful use and shall report the confiscation and destruction to the
Alcohol and Tobacco Tax Bureau of the Comptroller of the Treasury of
Maryland.
  (g)   A person may not remove or destroy or cause to be removed or destroyed
any property which has been seized under this article or the provisions
of the Tax - General Article that relate to the alcoholic beverage
tax, or to prevent or attempt to prevent the seizure of any property by
pouring out, breaking, destroying, removing or otherwise disposing of
them, and any fluid poured out or otherwise disposed of when any
premises, place or thing is searched or about to be searched shall be
held prima facie to be an alcoholic beverage and intended for sale or
other use in violation of this article or the Tax - General Article.
  (h)   An import-export permit is not required of any importer importing into
this State alcoholic beverages for storage in public warehouses for
subsequent shipment outside this State and not for sale, consignment,
or delivery to any person within the State, where the storage is in
public bonded warehouses and is under customs
bond.
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