, 

/ 

v 

Karoh f!S, 1939 

Honorable Homer 

County Attorney 

Shs&lsr County 

~‘tieeler, Texas 

&ear Slr: 

L. w38 

opinion no. o-431 

Re; Is A rervant or esployee 

of a wine and beer retailer su'bjeot 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: 

(a) 

(b) 

(a) 

“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: 

Knowingly sold beer to an 

tha 8T.e of twenty-one (8.l f 

p&son under 

years; or 

Sold beer to any person showlne evidence 

or lntoxlcatlon; or 

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 enumerated 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 penalties 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 auapension 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 cuapension 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 aubjact 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 reapectfully 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~GKICXhL OY TEXAS 

‘By @4ucd& 

Ardell l%lllama ’ 

Xaalatant 

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