Under TABC §101.63, which action constitutes an offense?

• A. Possessing an open container on licensed premises is an offense.
• B. Minor attempting to purchase alcohol is a Class C misdemeanor.
• C. Knowingly selling or delivering alcohol to a minor, intoxicated person, or habitual drunkard is a criminal offense.
• D. Consuming alcohol near a school within 1,000 feet is prohibited.

Answer: (C)

The action tested is about the supplier’s liability for giving alcohol to people who can’t legally consume it. Under this statute, it is an offense to knowingly sell or deliver alcohol to a minor, to an intoxicated person, or to a habitual drunkard. The key element is “knowingly,” meaning the person selling or delivering must be aware of the recipient’s disqualifying status. This makes it the clearest example of an offense defined in this section because it targets who is allowed to supply alcohol and to whom.

Other scenarios involve different provisions or situations not described by this section. For instance, open containers on licensed premises are governed by separate rules; a minor attempting to purchase alcohol involves a different offense typically charged to the minor or under a different provision; and consuming near a school is addressed by separate restrictions.