Smith v. Liquor Control Commission

169 N.W.2d 803 (1969)

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Nature of the Case

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Facts

D issued P a permit to sell beer. P operated a beer tavern for more than 20 years. On January 12, 1968, the minor Steve Johnson entered the tavern and asked Elsie Watts, then acting as a barmaid, to sell him two 6-packs of Hamm's beer. Asked to see his identification, Steve showed Elsie his draft registration card giving his age as 18 years, two months. Elsie handed him the beer. He left the tavern and was arrested for illegal possession of beer and pled guilty. Elsie Watts was indicted for the offense of selling beer to a minor. Upon trial, a jury found her guilty. D revoked P’s permit. P disputed the order in district court as a violation of due process as there was no opportunity to be heard. The court affirmed, and P appealed. The trial court reasoned that the statutes do not require prior notice to the permittee or opportunity to be heard. The right of a state legislature to provide for revocation of permits for the sale of beer without notice or hearing is well established. The court concluded it cannot be said the commission acted capriciously or arbitrarily. D appealed.