Untitled Texas Attorney General Opinion

EXAS July 18, 1969 Webably evermloiibn Honorable 0. N. Humphreys,Jr. Administrator Texas Liquor Control Board sem Houston state Offloe Wllldlng Capitol Statloti Austin, Texas 78701 Opinion No. 435 RE: Questiona con- oernlng the deS- lnition of “prea- lee” within the meaning OS the ,Texae Liquor Con- trol Aot a8 amend- ed by Aats OS the 6lst Legislature, R8 lar Se8aion, 19r9, and related Dear Mr. Humphreya: queationa. This is in relrponre to your letter OS July 10, 1969, in whioh you inquireas followa: 1, @estlon No. 1. Under the pro- visions OS Senate Bill 27 and House Bill 1440 may an applloa& for a Package Store Permit designate, and map the Board or Administrator ap- prove, ae the lloenred remleee, an area within a buildingPother than a hotel ae deiined In the mxar Liquor Control Aot) leas than the entire building? “Queet;on’N;. 2. If, in any OS the exams en a ave. the PaokaRie store opkation la-oompl&ely-wal- led o?S from the rest of the bulld- -2165- L . Hon. 0. N. Humphreya, Jr., paso 2, (M-435) lng and 1s aooeselble only by a door or doors opening onto a publlo street, sidewalk, or other publla way, and having a street addrese designation different frcm the remainder of the building, could the package store then be aoneldered a separate *building’ In substantialcanplianoewith the meaning of ‘building’In Seotlon 3-a(7), Artlole I, Texas Liquor Control Aot? “Question No. 3. If the answer to Question No. 2 Is ‘yes,’would the statue be ohanged by allowing, for Sire proteotion,an exit door oon- struoted no that It oan be opened only SraP Inside the lloensed prem-' Ire8 and to be ueed for emergemy purpose6 only, opening Into another building under the came roof?‘) Your Inquiry ariaen from the passage o? Senate Bill 2’7,Aots 61st Leg., R.S. 1969, oh. 38, p. 80 and House Bill 1440, A&e 61at Leg., R. S. 1969, ah. P. After giving effect to,the,eetwo .b,llls. Sec.ArtIole I, Texas Liquor Control Aots reads in pertinent part aa follows: * $+r% applicant for a Pa&age Store rermlt or a renewal thereof rhall have authority to designate aa tpremlse’and the Board or Administrator shall not approve a lesser area than that epeaIfloallgdefined as ‘premlae’ In Section 3-a (7) of Article I of the Texas Llquoy Control Aot as enaoted by the 44th Legislature,2nd Called Sea- alon, 1935, ae amended. Every permlt- tee shall have and maintain exoluaive oooupanoy and control OS the entire ll- censed premises In every phase of the storage, distribution,poeeesalon,and transportationand aale of all alao- holic beverages purohased, atored or sold on the lloen~$i&remlses.* * *I’ Ron. 0. N. Humphreys, Jr., Page 3, (M-b351 Article 3-a (7) of the Texas Liquor Control Act will remain unahanged after the applicationof the two bills and continues to read as follows: "~Premlse'shall mean the grounds as well as all the buildings, vehicles, and appurtenancespertaining there- to, and shall also Include any adja- cent premises, If directly or ln- directly under the control of the ssme peraon; provided, however, that subjeat to the approval of the Board or Administrator,an Applloantmay designate a portlon of the grounds, building, vehloles, or appurtenanoer which shall not be a part of the Lloenaed Premlae." It Is the.oplnlon of thla of?108 that follow- ing the eSfeatIve date of 5. B. 27, Acts 6lst Leg., R.S. 1969, ch. 38, pa @l and Ii.B. 1440, Acts 61st Leg., R.S. 1969, ch. P* that an appll- cant for a Package Sto~rmlt~eslgnate and the Board or Administratormay approve as the licensed premlae an area within a building leas than the entire building. In view of the answer to the first question It Is not neoessary to answer the last two questions. SUMMARY Senate Bill 27, Acts 61st Leg., R.S. 1969, eh, 38, p. 80 and House Bill 1440, Acta, 61st Legs, R. S. 1969, ch., make no than es in the pro- %sEZi%f Section 3-a77), Art1010 I, Texas Liquor Control Act, ooncernfng the Issuanoe of permits for an area less than~an entire building, nor the application thereof. l!o&2 very truly, Jr., Hon. 0. N. Iiumphreys, P4P 4, (M-hS) Prepared by Howard M. Fender Assistant Attorney aeneral APPROVED: OPINION coMMI!FmE: Kerns Taylor, Chalman George Kelton, Vlae-Chalmfin John Reeves Harold Kenrmdy Bennle Bock Houghton Brownlee Hawthorne Phillips Exeoutive Assistant -2168-