Case Information
*1 ATTORNEY GENERAL OF TEXAS OFFICE OF THE
AUSTIN
\ f!P /Jl ,“L?
” J Administrator Romrable Bert Ford, Board
Texas Liquor Control
Aus tin, Texas Opini
Dear Sir: Re:
>
opinion of this de
ln stated
busihess?" A of Article 656-4, Vernon's Annotated as follows:
"(a) It shall be unlawful for any brew, sell, person to mnufacture, distill,
possess for the purpose of sale, inport to this state, export from the state, trms- port, distribute, v:arehouse, store, solicit for, or for the purpose of Or teke orders *2 gonorablo Bert Ford, Page 2
sale to bottle, reotlty, blend, treat, fortify, Blur or possess any liquor in any wet area wlthout having first prooured a permit."
Subsection 0 Article 600-15, Vernon*8 Annoteted pmal code, provide8 in part as hollows:
*(a), 'fiolesaler*s Permit shall authorize holder thereof to: . . . (b) sell liquorin original ' containers In which received to retailers and whole- salers authorized to sell same; (0) sell liquor out of state to qualified persons; . . .*
Subsection,7 of the above mentioned statute provides in part as follows:
*(a) Class B. 'Rholesaler~a Permit ahall au- (a) Furchase and thorize the holder thereof to: import malt and vinous liquors from breweries, wineries, rectfryers, and wine manufacturers and bottlers and purchase from other nholasalera with- (b) Sell sama In original containers in the state; ,P. in which received in this state to retailars and (0) Sell same
wholesalers authorized to sell me; out of state to qualified persons. . . ."
Subsection 9 of Seotion 15, Article 66645, aupra, provides;
*Agent' 8 Permit. An Agent's Permit shall au- thorize the holder thereof to:
*(a) Represent any person who Is authorized to sell liquor other than a retailer;
w(b) Solicit and take orders for the sale of rroin any authorized permit holder; a(o) Carry samples of liquor In oontainers not less than one-hall (l/2) pint.
*Any person acting as agent or saleman for the sale of or for taking or soliciting sale of any liquor orders for the
irrespective of whether such sale is to be mde within or without the State is required It ia not intended that to procure an agent's permit.
, Ronorable Bert Ford, Fags 3
this shall apply to the employee of e permlt liqucr and who rmains on holder who sells licensed premises In making such sale.* It wU1 be noted that the holders of wholesaler’s are specifically authorized by the above nenticned pernits statute to eel1 In original oontainers in which re- ceived in this State to retsilers and wholeselers authorized. to sell the same and to sell out of the State to qualified
. However this statute does ‘not speclfloally author- grt”:z holders oi wholesaler ‘6 permits tb solicit business 8s la provided by Suboeotion 9 of Section 15, supra, allowing the holder of agent’s permits to solicit business. It is ap- parent that it was the lntentlxi of the Legislature to regu- late each phase of the liquor business and require a permit for eaoh of the different kinds or types of business as secl- tied by Section 15, eupra. Therefore, it 1s our opinion that holders of wholesaler's permits are not authorized to solicit bualness, except upon their ll.ceneed premises, unless.and un- til they have secured agent’s permits. Your two questions quoted above are reepeotfully answered in. the affirmative.
Trusting that the foregoing rully answers your in- gulry, we are
Yours very truly ATTORNZY G-L OF TEXAS ATTORNEY GEXERAL 03’ TEXAS