Ron. Jim,W. Weatherby 

District Attorney 

38th Judicial District 

Kerrville, Texas 

Dear Mr- Weatherby: 

opinion No. v-1021. 

Re: Legality of employing 

a sixteen year old 

minor to sell beer and 

wine in a licensed retall establishment. 

Your request for an opinion reads as follows: 

"It is desired that you give the undersigned your opinion as to whether or not a 

minor who is over sixteen years of age and 

under seventeen years of age may be employed 

in a place where beer and wine is sold, and 

who will sell beer and wine after such minor 

has been granted the right to work by the 

County Judge and in complianae with Artiole 

5181, Revised Civil Statutes of Texas. 

"It is my opinion that suoh Infant 

would not be allowed to work in such place, 

although under Article 5181 the exceptions 

do not include the type of work which the 

minor is to pursue, and this opinion is 

based on the wording of Article 666-17, 

Section 5, Penal Code, which provides that 

an employee must be twenty-one years of 

age prior to selling, handling or dispensing liquor." 

Article 5181, V.C.S., provides in part: 

"Permit for Chlld to Work. Upon appllcation being made to the County Judge of any 

county in which any chFld over the age of 

twelve (12) years shall reside, the earnings 

of which child are necessary for the support 

of itself, its mother when widowed, or in 

needy circumstances, or invalld father, or 

of other children younger than the child for 

whom the permit is sought, the said County 

Judge may upon the sworn statement of such 
Hon. Jim W. Weatherby, page 2 (V-1021) 

child or its parents or guardian, that the 

child for whom the permit is sought Is over 

twelve (12) years of age, that the said 

child has completed the fifth grade in a 

public school or Its equivalent, and that it 

shall not be employed in or around any mill, 

faotory, workshop or other place vhem dangerous machinery is used, nor in any mine, 

auarm or other place where explosives are 

&ed,*or where the moral or physical condition of th hild is liable to be injw 

and that t:e'earnings of such child sre neaessary for the support of such invalid parent, 

widowed mother or mother in needy ciroumstances, or of younger ohildren, and that 

such support cannot be obtained in any other 

manner, and that suitable employment has been 

obtained for such child, which sworn statement shall be accompanied by the certlficete 

of a licensed physician showing that such 

child is physically able to perform the work 

or labor for whiah the permit Is sought, is-. 

sue a pensit for such child to enter suah 

employment . . ." (Emphasis ours). 

666, 

Subsectiona 5 and 21 of Section 17, Article 

V.P.C., provide: 

"(5) It shall be unlawful for any person to employ anyone under twenty-one (21) 

years of age to sell, handle, transport, or 

dispense or to assist in selling, handling, 

transporting or dispensing any liquor." 

"(21) It shall be unlawful for any person under the age of twenty-one (21) years 

to import or possess for the purpose of importing any alooholic beverage into the State 

of Texas. Any alcoholic beverage imported 

into or possessed for the purpose of importation into the State of Texas by any person 

under the age of twenty-one (21) years or 

possessed in violation of Seotlon l'f'(20) la 

declared to be an illloit beverage and may 

be seized without warrant unless otherwise 

provided in this Act." 

The following provisions are found .in Section 

19 of Artiole 667, V.P.C.: 

-_ 
.- 

Hon. Jim W. Weatherby, page 3 (V-1021) 

“The Board or AdmLnistrator may cancel 

or suspend for a perlo@ of time not exceeding sixty (60) days, after notioe and hearing, any license or any renewal of such 

license, upon finding that the lioensee has: 

“A . If a Retail Dealer’s Off-Premise 

License or Retail Dealer's On-Premise Llcerise: . . . 

“8. IWplo ed any person under the age 

of eLghteen (18 7 years to sell, handle, or 

dispense or to aasiat in selling, handling, 

or dispensing beer in any establishment where 

beer is sold at retail to be consumed on the 

premises where sold; or . . . 

,:< “B. If a General Diatributorts License, 

b- Local Distr’ibutor’s License, or Branch Distrlbutor’s License: . . . 

“12. l&i lo ed anj person under the age 

of elghtgen 7183 years to sell, deliver or 

distrfbute, or to as&at in selling, delivering or distributing any beer; or . . .” 

Among' the “definitions made in the Texas Liquor 

Control Act are: 

“Art. 666-3a. 

“(1) ‘Alooholio Beverage’ shall mean 

alcohol and any beverage containing more 

than one-half of one per cent (l/2 of 1%) of 

alcohol by volume which Is oapable of use 

for beverage purposes, either alone or when 

dtluted. 

“(5) ‘Liquor’ shall mean any alcohollo 

beverage containing aloohol in excess of four 

(4) per oentum by weight, unless otherwise 

indFcated.‘- Proof that an alcoholic beverage 

is alcohol, spirtts of wine, whisky, liquor, 

wine, brandy, gin, rum, ale, malt liquor, 

tequila, mesoal, habanero, or barreteago, 

shall be prFma faole evidence that the same 

is liquor as herein defined. 
Hon. Jim W. Weatherby, page 4 (V-1021) 

"Art. 667-l. ,~:. 

"(b) The term 'beer; means a malt bev-. 

erage.containing one-half of 1% or more of. 

alcohol by volume,~and not more than 4% of' 

alcohol by weight, and shall not be inolusive of~any beverage designated by label or 

otherwise by any other name than beer;" 

Under the provisions of the Liquor Control Bat, 

the Liquor Control Board or Admlnlstrator is authorized 

to cancel, or suspend fore period of the not exceeding 

sixty deys, after notioe and hearing,; the license of any 

person authorized to sell beer upon finding that the'lioensee has employed any person under the age of eighteen 

years to sell, handle or dispense or tom assist in selling, handling or dlapensirig beer in any establishment 

where beer is sold at rata11 to be consumed on the premises where sold. It is our opinion that the granting 

of a work permit to a minor by a County Judge under the 

provisions of Article 5181 will not prevent the exercise 

of the authority granted to the Board or Administrator 

in Article 667-19 of the Penal Code. The former is a 

general statute; the latter Is specifio and will contpo1. With reference to beer, the oontrolllng age is 

eighteen years. Wine ia included in the definition of 

Ilquor under the terms of the Liquor Aot. We think that 

the provisions in Artiole 666-17 apply to the selling 

and handling of wine. The controlling age with referenoe to wtne is 21 years. 

In Opinion No. o-4536, written in a former administration of this office, the questton of the right 

of an employer to hire a married female under eighteen 

years of age to handle beer was considered. Thhis oonsideration was made in view of Article 4625, Vi.C.S., 

which provides: 

"Every female under the, age of twentyone years who shall marry in aooordanoe with 

the laws of this State, shall, fromland after the time of such marriage, be deemed to 

be of full age and shall have all the rights 

and privileges to which she would have been 

entitled had she been at the time of her 

marriage-.ofull age." 

The following was stated in that opinion: 

-. 
Hon. Jim W. Weatherby, page~'5 (V-1021) 

"It is apparent, we think, that the Legislature intended thatno peraon under the 

age of 18 years could be employed to sell, 

handle or dispense or to asslat in selling, 

handling, or dispensing beer in any eatablishment where beer is sold at retail to be 

consumed on the premia8s where sold, regardless of the marital status of such person. 

We think that by analogy the principles controlling the decisions abaa mentioned should 

have spplioetion here. Therefore, we respeotfully answer the above stated question in the 

negative." 

We adhere to the principle 8nLnXlat%d In the 

above opinion. Copies of opiniona Ros. O-4536 and O5088 are enclosed. 

SWMARY 

A person may not be legally employed to 

sell, handle, or dispense beer, or to assist 

in selling, handling, or dispensing saoh beverage, if under 18 years of age. Nor may a person be legally 8SiplOy8d to sell, handle, or 

dispense wine, or to SsSist in S811ing, handling, or dispensing win8, If under 21 years 

A permit issued by a County Judge to 

i’m%i under th8 provisions o? Art1018 5181, 

V.C.S., will not legalize suoh employment. 

YOUPS V8FJr tidy, 

APPROVRD: 

Red McDaUi81 

State Affairs Division 

PRICE DARIRL 

Attorney General 

Charles D. Mathews 

Rx8outivs Assistant 

CBK:mw