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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
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Administrator J
Romrable Bert Ford,
Texas Liquor Control Board
Austin, Texas
Dear Sir: Opini
Re:
>
opinion of this de
ln stated
busihess?"
A of Article 656-4, Vernon's Annotated
as follows:
"(a) It shall be unlawful for any
person to mnufacture, distill, brew, sell,
possess for the purpose of sale, inport to
this state, export from the state, trms-
port, distribute, v:arehouse, store, solicit
Or teke orders for, or for the purpose of
gonorablo Bert Ford, Page 2
sale to bottle, reotlty, blend, treat, fortify,
Blur or possess any liquor in any wet area wlthout
having first prooured a permit."
Subsection 0 Article 600-15, Vernon*8 Annoteted
pmal code, provide8 in part as hollows:
*(a), 'fiolesaler*s Permit shall authorize the
holder thereof to: . . . (b) sell liquorin original '
containers In which received to retailers and whole-
salers authorized to sell same; (0) sell liquor out
of state to qualified persons; . . .*
Subsection,7 of the above mentioned statute provides
in part as follows:
*(a) Class B. 'Rholesaler~a Permit ahall au-
thorize the holder thereof to: (a) Furchase and
import malt and vinous liquors from breweries,
wineries, rectfryers, and wine manufacturers and
bottlers and purchase from other nholasalera with-
in the state; (b) Sell sama In original containers
,P.
in which received in this state to retailars and
wholesalers authorized to sell me; (0) Sell same
out of state to qualified persons. . . ."
Subsection 9 of Seotion 15, Article 66645, aupra,
provides;
*Agent' 8 Permit. An Agent's Permit shall au-
thorize the holder thereof to:
*(a) Represent any person who Is authorized to
sell liquor other than a retailer;
w(b) Solicit and take orders for the sale of
liquor rroin any authorized permit holder;
a(o) Carry samples of liquor In oontainers not
less than one-hall (l/2) pint.
*Any person acting as agent or saleman for the
sale of or for taking or soliciting orders for the
sale of any liquor irrespective of whether such sale
is to be mde within or without the State is required
to procure an agent's permit. It ia not intended that
,
Ronorable Bert Ford, Fags 3
this shall apply to the employee of e permlt
holder who sells liqucr and who rmains on the
licensed premises In making such sale.* .
It wU1 be noted that the holders of wholesaler’s
pernits are specifically authorized by the above nenticned
statute to eel1 liquor In original oontainers in which re-
ceived in this State to retsilers and wholeselers authorized.
to sell the same and to sell out of the State to qualified
. However this statute does ‘not speclfloally author-
grt”:z holders oi wholesaler ‘6 permits tb solicit business
8s la provided by Suboeotion 9 of Section 15, supra, allowing
the holder of agent’s permits to solicit business. It is ap-
parent that it was the lntentlxi of the Legislature to regu-
late each phase of the liquor business and require a permit
for eaoh of the different kinds or types of business as secl-
tied by Section 15, eupra. Therefore, it 1s our opinion that
holders of wholesaler's permits are not authorized to solicit
bualness, except upon their ll.ceneed premises, unless.and un-
til they have secured agent’s permits. Your two questions
quoted above are reepeotfully answered in. the affirmative.
Trusting that the foregoing rully answers your in-
gulry, we are
Yours very truly
ATTORNZY
G-L OF TEXAS
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ATTORNEY
GEXERAL
03’TEXAS