(a) Except as provided in subsection (b) of this section, an alcoholic beverage is presumed to be an illicit alcoholic beverage if it is found in a container that does not have a regular label that: (1) describes the true contents of the container; and (2) states the true name of the importer, manufacturer, bottler, or rectifier. (b) The presumption under subsection (a) of this section does not apply to an alcoholic beverage found in: (1) a drinking glass or other similar open container for drinking purposes; (2) a home–type decanter found in a house or a punch bowl or similar receptacle if the circumstances indicate that the alcoholic beverage is for on–premises consumption and is not for sale; or (3) a container possessed by a retail license holder when the alcoholic beverage is premixed for lawful sale and consumption.