(a) The commission may not sell alcoholic beverages seized by a peace officer, as provided in § 103.03, that are unfit for public consumption or are of illicit manufacture.
(b) Alcoholic beverages are unfit for public consumption if:
(1) the manufacturer or wholesaler of the beverages determines that the beverages are inappropriate for sale to a consumer;
(2) the beverages are damaged; or
(3) the code date affixed by the manufacturer to the beverages has expired.

(c) If the commission determines that seized alcoholic beverages are unfit for public consumption or are of illicit manufacture, the commission shall destroy the alcoholic beverages.