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 rQf3whlah is the trse pmriaed by the
above quote& rtatute for a medlelnal pharmay gsrrnit In
dry areaa.
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
annual fee for a paakago rtom.*
f%10. 15, Subreo. (81, paragraph (01, in part, provlderr
‘The annual fee for a paakage store in 6itiar and
townr shall be bared upon the population recording to the
laet preoedlng Federal Cenlru8 aa rOlLOW
‘Population Fee
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 for 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 to all @auntlea, Jurtloe preainotr,
inoarporated 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
Texas, in the year 1919. It liksw%ae ahall mean and refer
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.zoilinsof a portion
of a oity "dry" by ordinance is neither under the provisions
of the act nor does it operate to affeat rnedioinalpermits
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*Iend so determined under or reoog-
nizeivby 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 for 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
Aot, for issuing a paokage store permit.
Yours very truly
King
tant