.
E>norable aert P%rd, Page 2
front doer of A retail establBhment, operated:
by Qoorp Constandlne of JiicHta 7~118, is with-
ia three hundred feet of the front door of ths:
S81V8tiOll !Umy Church, also In wfC:hltaFslla. .;
"It is the beer permlttee'a WntentioIl that
the measurement should be made f-romthe %xmt
door of the 3alvatlon Awry to the edge of the
sidewalk and from there along the street to the
outar edge of the sidwsik to the first titer-
section; then dlreatly across the street and
along the outer edge of the sidevalk to e point
direotly lnfront of the oenter of the front
,door of Caorge Conatsndinets establishment and
frou there to the front dozr of fiisastablish-
msnt .
“It isour contention that the measurement
should be made from the edge of +?hefront door -
of the Salvation Army Build.l.ng nearest to PiLr,
Constandine(s.front dwr directly along e lqne
which worzldrun along the inside of the sidewalk
Instead of the outside oZ the aldewaik to a polnt
at the corner of the btildlng on the naxt street;
fad than fram th-stgolnt m3xxss the street and
than along s 1Tnnefollovlng the lnslde edge of
the sidevalk to the nearest edgo of the front
door of the Constandine establishment, rather
than to tha center of that door.
"A piat of the relative looatlon of these
tk-abuildings and the front doors of each, shov-
Fry the manner lo vihicheach of '& above-montlon-
ed rr.eaaurauantscan bcxmade, is enclosed herewith
and %ttached hereto, SinC8 it is Vh’tuaiiy impos-
sible to actually describe the relative locations
of these tuo places together with the proposed
m3an3 of measuring the distance betveen the front
doora without studying a plst showlug tha esaot
directions and relstivelooations.. Tzis plat
shms Route #l, which l.oa me~suremeot aiong the
inside edges OP the sidewalk, and Boute $3, vhlch
measures along outzide edge8 of +A9 sitiewalk;and
nlso the dlstence from the outside &&?a @f th3
~OllOl?l3b18 Bert Bord, ?Me 3
.
sldevalk to the front dam of each btildi;rg.
"We desire youp opinion on the proper manner
of mmsurlng the distance between these two front
doors as shovn on the enclosed plat. We desire
to knwo vh.l%h of th% two plvpoaed routes, Route
#l or Zoute #3, is the come& xumner of measuring
tha disteneabetweenthb tvofront doors; and, If
neither is.the oorreetmethod of making the mea-
surement,youropinion as to whether or not the
measummentshouldbo~de fr~~the edge of the
front door,oS eechplaoe-that is, from the side
of the door nearest the other front door-or
vhethsr o~not the measurement shotidbs made frcen
the center of eaoh doclr,'
Section 23(s), Article I, Texas TiLquorControl Act,
supra, pmvides~ in part that:
.I?
...i..the rmenstuwmeints
to be along the pro-
pertg.lines of the street fronts End fro% front ~
door to front door and in direct fine across
lntersaotion where they occur."
The courts of this state have not interpreted the
ebwe mentioned act with refemsnoe to the menrieror method
0: nleasur%m%nt, Howover, we *3xtnkthat the statate is clear
end unmnblguous and, as stated In the statute, the nte8mre-
menta are to be msde along the proporty lines of the street
fonts and from front doo? to frost door and in direct.ltie
across titersections where they occur. Pl.&ofthe:~&ed
S+&te Lend Surveyor accompany- your izequestshows the>ro-
perty line to be where the buildings and the sidewalks jbizi.
A3sw as shorn bI the surveyor is
that ths property ll.n.e,
correct, end conforms with the correct plet showicg the loca-
tion of the property line, and if said plat con.fYms the plat
as nsde bg'the Surveyor as to the location of the propei+tg
line, It-is our opinion that Route $1, as desigmted j_?the
pleat,ia correct and should be foilowed in making the mea-
s3rements. However, if the piat shovs that the property lines
ere along the curb, es d&slgnated by ROUt8 $3, Tn the su??veyor*s
pint, thsn Route $3 would the proper line8 cz which the EKG%-
s-cements should be made.
. I
3corable Bert Ford, ?aage4
zcnts ars to be made along the property lines of the sWeet
fronts and from front door to front door md in direct lxne
scross intersections where they occur md the proper mute
to be followed is along said pro;7ertyllzes regardleas where
they are situated, and from front door to frontsdoor and In
direct line~acroaa intersections where they OCCUB.
In this connection, we want to goint out that the
statute itoesnot specifywhetherthemasurem ent should be
mde from the center or edge o? ths door, Xe think that Is
immaterial from what portion of the front door ths measure-
znt is made and that the statute would be complied with if
the neasurememt is made from either the edge or the center
of said doors.
Trusting tlxlt th8 fOSi?sO~ fully ansvers yOllr in-
o_uiry, we ar8