No criminal penalty may be imposed on a licensee licensed pursuant to this title if: (1) The person making the sale in violation of § 35-9-1 or 35-9-1.1 is an employee or agent of the licensee; (2) The employee or agent does not own a controlling interest in the licensee; and (3) The licensee or person having a controlling interest in the licensee is not present at the time of the sale.
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