Texas Alcoholic Beverage Commission v. Sfair

ON APPELLANT’S MOTION FOR REHEARING

This court’s opinion of November 8,1989, is withdrawn and the following opinion is substituted.

Appellant, Texas Alcoholic Beverage Commission (TABC), appeals the trial court’s judgment which reversed the Commission’s decision.

George and Michael Sfair, the owners of a neighborhood club known as Sfair’s, hold a mixed beverage permit and a mixed beverage late hours permit. On December 6, 1986, Sfair’s and its bartender, Laura Bennett Carpenter, were cited by TABC agents for serving an alcoholic beverage after 2:00 a.m. and for permitting consumption of an…