Case Information
*1 46: OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Km. Bert Ford, kdainistrator
Texas Liquor Control Board
hu~tln, Texas
Dear~Slrr
Tour inquiry of coo this quertion: "Do06 the word iteal tadlvl- the Oerarit 10 porated olty la 11 be rntitlaa to re- eoll tar diapeawia .llquor l The bldsre of m&ah 0 mrohaos llquor Srcsm &+owita in this State.
a perknit is tsowht mmt b4 cy regl~terod with the Stab ~;~:~ust eepley and~havo on 'duty e&la.torsd phnmaeiat ad must ratloa a8 6 pharrvlw SW at leadi n tha partioular ~politlaal aubdlri- psfiaic:,ia aought.. * Se&ion 10 or Artiala 1 US the liquor Control lot provides, among other things, that3
-. 463 130% Bert Ford, or Package Store Permit under this Aot
.Bottlerls, . _- notioe-OS euoh applioation by publication shall give .- . in a newspaper or gen- for two (e) oomeautlve issues eral olroulation published in the olty or town In whloh applioant's plaoe OS business is looated.
Provided, h-ever, that in such lnstanoes where no is published in the city or town, then newspaper the same shall be published In a newspaper OS general olroulation published in the county where the appli- oant's business is located, . .."
Section 13 OS Article 1 OS the Liquor Control Aot provides:
"Any permit granted under this Aot shall be a purely personal prlv1lege.v
The Liquor Control Act Is restrlotlve. The evident pur- pose OS the provisions nith referenoe to pharmaoy pellpits is to limit those eligible Sor the permit 80~ as to proteot the partioular oommunity from being flooded nith mushroom phannaoies dispensing liquor under liquor penuits. The quotation above rrom section 10 OS the AOt etldsnoes that the Legislature had in mind inaorporated. ofties and preoinots as political subdl- visions or the State.
Ih view oS the quoted provisions apd the evident purpose or 'the Aot, it ia our opinion that the Legislature, by the language epartloular polltioal subdlvision,v meant the part& aular subdlvlslon in~uhlch the business is loaated at the time the applioation is *do, and that If that business 1.r looated wlthln an,lnoorporated oity, then the pharmaoy must have been in operation wlthln the lnoorporated aity for a period OS two roars.
In our opini.0~ the ph.rnse tmsd does not reier to the oounty as the pariAOUlar polltioal ~subdiv&sJon, but it does reter to the oitp or the preoinot in whioh the business is looated and has been operated Sor a period OS two years.
Youra very ~txuly AITRoVEDAUG 3, l939 ATTORNZT GBAHUU, OF TEXAS 5LLGU.- ATTORNEY GEWRAL 03 TE#,S 8. Rollins Asslataat ASR;pbp