Honorable Coke R. Stevenson, Jr.
Administrator
Texas ~Liquor Control Board
Austin,~Texas
Opinion NO. w-25
Re: Whether or not the'followlng
constitute a 'breach of the
peace' as that term is used in
Section 49a and,Sectlon 21 of
the Liquor Control Act.
1.1 Permitting an intoxicated
person to remain onthe
licensed premises
2.1 The sale of alcoholic
beverages to an Intoxi-
cated person.
3.1 Permitting a person under
the ,age of twenty-one years
to possess or consume an
alcoholic beverage on the
licensed premises when such
person is not accompanied
by the parent, adult spouse
or legal guardian.
4.1 The sale of alcoholic bever-
ages to persons under the
age of twenty-one years.
Dear Mr. Stevenson:
This will acknowledge receipt of your inquiry dated Jan-
uarg 18th, 1957, as follows:
"The Texas Liquor Control .Act. provides
- for
_ the.. issu-
ante OS a summary suspension by the noara or tne
Administrator ,where it is shown that a 'breach of the
peace has occurred on the licensed premises of a
Hon. Coke R. Stevenson, Jr., page 2: (WW-25)
"Package Store or Medicinal Permit. See Article 666-
49a, Vernon's Penal Code of Texas. The Act further
provides for the issuance of a summary suspension
where It is shown that a breach of the 'peace has occur-
red on the premises of any establishment operating
under a beer license. See Article 66'7-21,Vernon's Pen-
al Code of Texas.
"A question has arisen as to what constitutes a 'breach
of the peace' so as to entitle the Board,or Administrator
to issue a summary suspension. In an effort to clarify
this question, I respectfully request your valuable
opinion as to whether or not the following constitute
a 'breach of the peace' as that term is used in Section
4Qa and Section 21 referred to above.
"1 .) Permitting.an intoxicated person to remain on the
licensed premises.
"2.) The sale of alcoholic beverages to an intoxi-
cated person.
“3.) Permitting a person under the age of twenty-one
years to possess or consume an alcoholic beverage on
the licensed premises when such person is not accom-
panied by the parent, adult spouse or legal guardian.
"4.) The sale of alcoholic beverages to persons under
the age of twenty-one years.
"These questions are not the subJect of any pending or
proposed litigation."
Inasmuch as each of the four questions submitted are in-
cluded and specially set out in Articles 666-12 and 667-19,
which authorize the Administrator to cancel or suspend after
notice and hearing where such acts have been committed or per-
mitted, it is our opinion that the acts specified in your in-
quiry do not constitute a breach of the peace as that term is
used in Article 666-4ga and Article 667-21, even though they
might constitute a breach of the peace at common law or as that
term is commonly understood. Where the statute spells out that
the licensee should have a notice and hearing before suspension
because of such matters, the pdministrator would, in our opinion
Hon. Coke R. Stevenson, Jr., page 3: (W-25)
be without power to summarily suspend a license under the
general language contained in Articles 666-49s and 667-21
in Vernon's Penal Code of Texas.
SUMMARY
Permitting an intoxicated person to remain on
the licensed premises, the sale of alcoholic
beverages to an intoxicated person, permitting
a person under the age of twenty-one years to
possess or consume an alcoholic beverage on the
licensed premises when such person is not accom-
panied by the parent, adult spouse or legal
guardian and the sale of alcoholic beverages to
persons under the age of twenty-one years are
not acts which will support a summary suspension
under Articles 666~4ga and 667-21, Vernon's Penal
Code of Texas.
Yours very truly,
WILL WILSON
Attorney Genera
JWW:ms
APPROVED:
OPINION COMMITTEE
H. Grady Chandler
Chairman