/
, v
Karoh f!S, 1939
Honorable Homer L. w38
County Attorney
Shs&lsr County
~‘tieeler, Texas
&ear Slr:
opinion no. o-431
Re; Is A rervant or esployee
of a wine and beer retailer su'b-
jeot to the penalties provided
lo the Liquor Control hot for
selling beer to an intoxloated
person?
Your request for an opinioh CD. the abok stated
questIon has been reoelved by this offioe.
Artials 667-19 of the Penal Code reado In part
as follows:
“The Board or Administrator shall have
the power and authority to oanosl the
license of any person authorized to sell
beer after notioe and hearing as herein
provided upon finding that the llocasa’c
has:
1. Ii a Retailer:
(a) Knowingly sold beer to an p&son under
tha 8T.e of twenty-one (8.l f years; or
(b) Sold beer to any person showlne evidence
or lntoxlcatlon; or
(a) Sold beer during any hours when suah sale
war forbidden by law; or . . . . . . . . ..I
.
Honorable Homer L. Uoaa, rbrch 25, 1939, page 2
-Any a*:t 0r omlaalon or c0mmlaalon enum-
erated herein as cause for the cancellation or
auapenalon of any type or lloenae shall also be
a violation of this Act and subject to the pen-
alties provided ln Section 26 of thla Article,
provided, however, the penalty ror the making
or any ralae or untrue statements in any
appllcatl0n ror licneaea or In any statement,
report, or other instrument to be filed with the
Boerd and which is required to be awofn to shall
be as la provided in Section 17 (a) - (2) of
Article 1 oi this Act.”
Article 667-26 of the Penal Coda provides, in part:
“Any person who violates any provision of this
Article shall be deemed guilty of a mi&Mneaoor
and upon conviction shall be unlshed ,by a rloe
of not leas than Twenty-five P#eS.OO) Dollars
nor more than ylve Hundred (&OO.OO) Dollars or by
imprisonment in the county jail for not xore than
one year, or by both such fine and lmprlaonmcnt.n
Section R and Section H of Xrtlele 667-l of tha
Penal Code reads as follows:
n . ..(b) The term “beer* means a malt beverage
eontalnlng one-hali of one per cent or more of
alcohol t& volume and not more than four (4)
ger cent of alcohol by weight, and shall not
be inelusive of any beverage deblgnated by
label or otherwise by any ottfer name than
beer.
. ..(h) The tek *person” shall mean and rerar
to any natural person or aaaoclatlon of natural
poraona, trustees, receiver, partnership, car-.
poratlcn, organltatlon, or the zanager, aPent,
aervcnt, or employee of any of them.”
-
Fe must bear in mind that the proeeedlnga for the
caneellatlon or suspension of any t:,ve of license under
Section 2 of the Texas Liquor Control Act la ofaa olvll
nature rather than a orlmlnal prooeedlng, and that a crlm-
Xionorebla Scmer L. Moss, Perch 25, 1969, pe2e 2
ina procedl~ end a proceeding for eancellatlon or aua-
pension or aoj tppe oC lleenae under Article 667-19 of the
Penal Code am reparate and dlatlnct proceedings. !7owavar,
any of the arlta of omission or ccamiasioB enrrnrsratod in
,irtiale 669-19 aupra, as cause for.the cancallatlon or cua-
pension of any type of llcenao la also made a erlmlnal
orrenae subject to tha penalties provided in 669-26 or the
Penal Coda by the apeclflcationa of Article 667-19 ot the
Penal Code.
Takhg into conal4eratlon the tern ‘person* as
defined by Sectlon 8, Article 669-l and the language used
in Article 667-26 ot the Penal Code, we must conclude that
any parson comln(l vlthln tha.deflnltlon set forth in Section
H, Article 66701 of the Penal Coda, who ~lclatea any o? the
provlalona ot Article 669-19 of the Penal Cede would be aub-
jact to the prosecution under the statute subject to the
penaltlea prsaorlbed by Xrtlcle 669-26 of the Penal Code.
In vl.ew ot the forego&u&g statute, you are reapect-
fully advised that it la the opinion of this department that
any eervant or enployae of a n4ne and beer retailer who sells
beer to au lntorlcated person is subject to proaeoutlon under
Articles 667-19 and 667-26 of the Penal Code.
.-
Truatlce that the fortgoing answers your inquiry,
we rs.naln
Yours very truly
‘ATTORupT~GKICXhLOY TEXAS
‘By
@4ucd&
Ardell l%lllama ’
Xaalatant
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