No criminal penalty may be imposed on a licensee licensed pursuant to this title if:

1. (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. (2) The employee or agent does not own a controlling interest in the licensee; and
3. (3) The licensee or person having a controlling interest in the licensee is not present at the time of the sale.

Source: SL 2010, ch 180 , § 41.