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-