J. & J. Beverage Co. v. Texas Alcoholic Beverage Commission

OPINION

THOMAS, Justice.

In this case of first impression arising from the sale of beer to a minor, we are confronted with an issue concerning conflicting culpable mental states as they relate to the Texas Alcoholic Beverage Commission’s right to cancel or suspend a retail dealer’s license under the Texas Alcoholic Beverage Code. For the reasons stated herein, we hold that, in order to cancel or suspend a retail dealer’s license for selling beer to a minor, the licensee must have “knowingly” sold the beer to the minor. Therefore, we sustain the first and second points of error, reverse the…