Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Bonoreble Bert Ford
&dminirtrator,‘Texsa Liquor Control Board
Aurtln, Texas
Pear Sirr
hs from your letter an oplnlon of this lth the Texas LLquor y pawrilt SOr premlaa8 Yard, in the oity of Lty of Austin am wet for Pager 60 Iar a6 looal the city bt Austkn has &tlinanee whioh airi& th6 cone8 A, B, or 0, eta.
n for whloh the above mentioned P@dl&al 6 e#e, that 16 pramires at 9807-9 6an ie510eated In “Ca oommeroL6l dlstrlat. hibite all bulldlngr and laad LR *C* ot iroe bting uried for forty-one Blitereat ‘The sale, storage. diapsnsing, or ior on site or off sfte ooneurPptlon.i “The appllomt oontandrr that beoausle o’i the zoning ordinanos he is entltlad to the asdio¶..nal phammay permnait upon ppllylng the @O.OO rQf3 whlah is the trse pmriaed by the a medlelnal pharmay gsrrnit above quote& rtatute In dry areaa. *2 sonorabls &rt Ford, page 2
“It Is the oontentlon of the Board that the appli- oant should be made to pay the annual fee QmYided for paoknge etores In the olty of AuLurtln, Travla County, Teur, in aaoordanoe with the above quoted provielonr of the Texas Liquor Control A&.
I. . .
*Your valued opinion lo derlred on the proporltion of whst is the proper fee to be &fmgQd the applrleant ior a MedloLnal Phamaoy Permit in thlr ease.*
6eo. 15, Subreo. (18), Artlole 1, Texar Liquor Oon- tml Aat, provides In part as follows:
*The annual permit ice for a NedIoLnal Permit to pharmaoler in dry areas shall be Flfty Dollars ($50.00) and in wet arear the annual ire ohill be the same aa the for a paakago rtom.* annual fee
f%10. 15, Subreo. (81, paragraph (01, in part, provlderr ‘The annual fee a paakage store in 6itiar and townr shall be bared upon the population recording to the preoedlng Federal Cenlru8 aa rOlLOW laet Fee
‘Population
25,000 or lQ8ll
25,001 to 75,000
75,001 or awe Bee. 18, 5ubreo. (161, Artlole 1 o? the aot, provider: a (18) XefAiolnal Permita. Ret&l Pharaaohts hall be entitled to receive permits and oell or dlr- penes liquor medioinal . . .’ OOQS only.
Sea. 23, Art. 1 of eatd aot, dofIning the term “Dry* and *WetP area@, In part, provideer
Whenever the term ‘dry brea* Ie used In thle rot it ahall mea,n and refer inoarporated to all @auntlea, Jurtloe preainotr,
oitlerr or towns wherein the oale of aloohollo beverages had been prohibited by valIQ local option eleationr held under the lawe of the State In topoe at the tkms of the taking effeot of mlon 20, Article 16, ~onrtltutlon of It liksw%ae ahall mean and refer Texas, in the year 1919.
to any ruah area8 where @ale OS euah aloohcl.Io bevrragem shsJ.l be prohibited under the term6 0r thke aot.
*The term Iwet area’ shall mean and, refer to all QthW areas of the State.’
Honorable Bert Ford, page 3
The only "dry area" reoognized by the provisions of the Texas Liquor Control Act are those areas that fall under the gWIiSiOnS of S8OtiOn 23, ArtiOle 1, Bupra, wnenerein ndry areas" and "wet areas" are &3fined. 2. zoilins of a portion of a oity "dry" by ordinance is neither under the provisions of the act nor does it operate to affeat rnedioinal permits issued to pharmacies, the granting of which has always been regulated by the State authorities.
We think the meaning of the term "wet areas' as set forth in the statute, by which the fee for medicinal permits are to be determined, is broad enough to include any area not reao se6 as a *dry area *I end so determined under or reoog- nize iv by the grovlsions of the Texas Liquor Control Aot.
By Yubseotion (18) of Seotlon 15 of the sot, it is provided that Retail Pharmacists shall be entitled to receive medioinal permits and self or dispense liquor medlolnal purposes.
It is therefore the opinion of this Department that the pharmaoy looated in ths desoribed zoned portion of the olty oi Austin, aooording to your letter, should be required to pay the annual fee in accord with the SOhedUl8 set forth in Se&ion 15, Subeeotion (8), Article 1, Texas Liquor Control issuing a paokage store permit. Aot,
Yours very truly King tant