THE .~TTBRNEY GENERAL
OFTEXAS
The Honorable Ogden Bass Opinion No. H- 707
District Attorney
Brazoria County Re: Power of a city to authorize
Angleton, Texas 77515 late hours permits for private
clubs.
Dear Mr. Bass:
Incorporated cities in a county of less than 300,000 population may adopt
late drinking hours. Penal Aux. Laws, art. 667-10(b)(3). You ask whether
a city may adopt an ordinance which would permit late hour service of alcoholic
beverages at private clubs only.
Article 666-15e, section 7(g), Penal Auxiliary Laws, provides that a club
which has obtained a Private Cldb Late Hours Permit “shall be entitled to cause:
permit and allow service and consumption of alcoholic beverages on the club
premises during the additional hours authorized by such permit. ”
Article 666-15f provides:
A Private Club Late Hours Permit shall
authorize the holder thereof to permit persons
to consume or be served alcoholic beverages
on club premises on Sunday between the hours of
1:00 a.m. and 2:00 a.m. and on any day except
Sunday between the hours of 12:OO p.m. and 2:00
a. tn. if the premises covered by such permit are
in an area where consumption or service of alcoholic
beverages in a public place during such hours is
authorized by this Act.
Thus a Private Club Late Hours Permit authorizes the service and consumption of
alcoholic beverages on club premises only during those additional hours during
which consumption or service of alcoholic beverages is permitted in a public place.
See
- Articl,e 667-10(b)(3), Penal Aux. Laws.
p- 3053
The Hono.rable Ogden Bass - page two (H-707)
In our opinion the statutory law clearly prohibits a private club from per-
mitting the late hour consumption of alcoholic beverages unless the club has
obtained a Private Club Late Hours Permit and unless~ the consumption of
,alcoholic beverages is permitted during such hours in public places in the area
containing the club. Any municipal ordinance which would permit that which is
statutoriiy prohibited would be void. Tex. Const. art. 11, B 5; Attorney General
Opinion M-1232 (1972). Accordingly, in our opinion an ordinance of a home rule
city which would permit late hour service and consumption of alcoholic beverages
at private clubs but not fin public places would be void and ineffective.
SUMMARY
An ordinance of a hotie rule city which would
permit late hour service and consumption of-
alcoholic beverages at private clubs but not in
public places would be void and ineffective.
Opinion Committee
jad:
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