Gray v. Alcoholic Beverage Control Board

STEINFELD, Chief Justice.

Because of a sale to a minor, the Alcoholic Beverage Control Board ordered the suspension of appellants’ license to sell liquor at retail. The only defense was entrapment. On appeal the circuit court sustained the action of the board. We affirm.

In a license revocation proceeding the intent to violate the statute is not a consideration, therefore, the defense of entrapment was not available. 48 C.J.S. Intoxicating Liquors § 175, p. 283. In Kearns v. Aragon, 65 N.M. 119, 333 P.2d 607 (1959), it was written:

“A proceeding * * * to revoke a liquor license is not a criminal…