Case Information
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Karoh f!S, 1939 Honorable Homer L. w38
County Attorney
Shs&lsr County
~‘tieeler, Texas
&ear Slr:
opinion no. o-431 Is A rervant or esployee Re; of a wine and beer retailer su'b- jeot to the penalties lo the Liquor Control hot selling 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 of any person authorized to sell beer after notioe and hearing as herein provided upon finding llocasa’c has: 1. Ii a Retailer: Knowingly sold beer to an p&son under (a) years; or tha 8T.e of twenty-one (8.l f Sold beer to any person showlne evidence (b) or lntoxlcatlon; Sold beer during any hours when suah sale (a) war forbidden by law; . . . . . . . . ..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 auapenalon of any type or lloenae shall also be a violation of this Act and subject pen- alties ln Section 26 of thla Article, provided, however, the penalty ror the making any ralae or untrue statements in any appllcatl0n ror licneaea or In any statement, report, or other instrument to be filed with Boerd and which is required to be awofn to shall be as la provided 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 shall be deemed guilty of a mi&Mneaoor shall be unlshed ,by a rloe
and upon conviction of not leas than Twenty-five P #eS.OO) Dollars nor more than ylve Hundred (&OO.OO) Dollars or by for not xore imprisonment in the county jail 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 of one per cent or more of eontalnlng one-hali
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 ottfer name than beer.
. ..(h) The tek *person” shall mean and rerar any natural person or aaaoclatlon of natural poraona, receiver, partnership, car-. trustees, poratlcn, organltatlon, or the zanager, aPent, aervcnt, or employee of any of them.” - Fe must bear in mind that the proeeedlnga caneellatlon or suspension of any t:,ve of 2 of the Texas Liquor Control Act la ofaa olvll
nature rather than a orlmlnal prooeedlng, and that a crlm- *3 Xionorebla Scmer L. Moss, Perch 25, 1969, pe2e 2 for eancellatlon end a proceeding aua- ina procedl~ 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 type of llcenao la also made a erlmlnal in 669-26 or the to tha penalties orrenae subject 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 H, 66701 of the Penal Coda, who ~lclatea any o? 669-19 of the Penal Cede would be aub- provlalona ot Article jact to the prosecution under the statute subject 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 la the opinion of this department it that of a n4ne and beer retailer any eervant or enployae who sells proaeoutlon to au lntorlcated person is subject Articles 667-19 and 667-26 of the Penal Code.
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Truatlce fortgoing answers your inquiry, we rs.naln
Yours very truly ‘ATTORupT~GKICXhL OY TEXAS ‘By @4ucd& ‘By @4ucd& Ardell Ardell l%lllama l%lllama ’ ’ Xaalatant Xaalatant a\?: : bbb