‘198
1
.+ OFFlCE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
in
Bononb& It.0. Pherr
couatf Attorney
l3fJlte
Bounty
cooper, Texas
d bevo on duty et
phmwmi ea
in operation es e pher-
et tvm(ll) years in the
t1oa1 subdivisionin
t.ie lobIght.'(6@yl,gee.
0. 18, P.C.)
Tour opfnion ie rsquestsd as to the oonatiuo-
tion-of fhs~norde,'*....must have Ibsenin operation
as a pharmaop-ioret least two.(2) y~ra....(
"The.ieotsupon whioh thhiemqitest for opinion
is based em aa Zollovra:.
wAbcmt $5 year6 ego i&e City BTU& Store, e'
'pher~aaoy,.nra~
establishedin the bity of Cooper,
199
Honorable Is.0. Pharr, Page 2
Z)s1taCounty, It was owaed and operated .a8a
pharuaoy by the same sah until he sold the
busimss in January of 1939. On the 9th day
of Heroh 1959, the City hug Store was levied.
upon by the tax colleotorof Delta Oounty Sov
delinquent tares. The store was closed on that
date by eaid taxcolleotor, On the,22ud day
of kaharah,
lQ39, the City Drug Store, was sold
at publia auetlon to Delta C.ouatyaud other
taxiagunits havfug delinquenttaxes against
it, On April 29, 19.959,Delta County and other
taxing units sold~saldUlty Drl)rug
Store-to an
Individualpurohaser,ivho;on April 90,.19SQ re-
opened the store far business. The,store'
(phapnacy)was .olosedbetweeqharoh 9, 1999
and April 29, 1999, a period of iftty (50)..
bgl3. The keys were In the haads of the tax
colleetar 0r Delta county. The.store was not
In operation during those rifty (SO) days.
*The City Drug Stare ea auchlas been xe-
gieterea with the State Board of Pharmaay for
many yeara. It hes been located In Coeper,et
leaet 55 .yeere. It hao been In operatiaoas a
phenuaoy all this time with the exception of the
JO days from PIareh9, 19SQ to April 29, lQS9.
Wubseation 10 of Section 15 of the.Texas
Llauor Contiol Aat states that the pharmar
must *have beeoin operationas a phaimaoy~~ibr
at few& two [2) yeers* betore it h 11 1
z sedi&&pemt to ,dibpens81iqUaE ;or ~%O~t
Tuder the above stateme& ai iacts,'is the
City hug Store in Cooper entitled to reoeive
a Eediainal Permit at this time?
eon April 1, 1940 the owner of said City
Drug Store made applicationto the Texas Liquor
Control Board ror a.uedioinalperait. As eouaty
attorney or Delta CoGty, it is my privilege to
oontest thie application under authority Of said
~quor.Coutrol Aot.
*I amuuable tom,rmd any euthoritiee on thie
question sod am unable to find where your department
200
Bonaabla B. k.'Pharr,Page'S
has ever passed :authi,squestion.
~mDeltci-County.has
haketoforevoted *&ry.*
1% $8 OUP vplnlon that we shvuld be alltied tv
ren&n dry.'.We aannot da 80 rith a liquor drug
crtoly.in’
oar aounty. We here none et thiktime.
It 5+ inyopinion that the llqaer lawe~ehouid be
aonatrued.svas to aocomplish the vnl'oroement of
the y?ishvs~vfthe people. Under the lo&m regu-
lat$vus whioh'the'.
lew~~lmposeson liquor thug
tbtorbs,they anou&to hothIng,.less. than a package
e-torein a wet area.
"AZ%.~-606-.&'P..C;reads a8 foittms:
~~Vhis eatire ,aotsha&l;ba ;deemed
an'exeratae oi the pi>lice.p~er.o~~the
State far'the-proteation.vf the hlf&e,
health, peaoe, temperahoe,and stiety'of
the'people of the States,aud..aU.its.
provisions shall be l$beralij'aoniat~e&
for the aoooaplisbrentvf that purposv.*
.'%?a#&
years agvwhsn Delta Couhty voted *dry;,
the Wters vyidsntlybelieved.thatliquor was -detri-
*Under the present conditionsand alruimstances
It appeamf.:tame the phrase referred to should be
.oonstrued~fo~meanthat the pharuaey must have been
In operation as a.pharmaoy~oontia@uelyfor two years
next preveding the date of ths appltoatlvnSOT the
pennit and that the twa year purled should beglu to
run on the date the store reopened for business on
April 29, 1999; that the twv year period dll not
expire until April 29. 1e4LR
&tie16 666, Seotion lb, ,sub+6otlou 18, Vetnon*
Annotated Texas Penal Code, reads in part as follower
"(18) Bedlvlnal Permits. Retail Pharsaoists
shall be entitled to reeeiVe medicinal permits aud
sell or dispense lfquor rvr rtedioihalpurpvsesvnly.
The holders of suoh pvrmlts are authorized tv pur-
ohase liquor frvm holder8 of wholeseler*s permits
203.
Hohorable E. 0. Pharr, Page 4
ia this State, Any pharaaay for whloh a permit
is sou&$ must be a bona fide pbarmaoy registep-
ed withqthe State 'Boardof Phaagaoyz must emgloy
aiidhave::onIdutyat all times a registeredphama-
aist end muat have been iu operationas a pharmacy
for.et least,tee [2) years'in the particularpoli-
tical sub-divisionin rihloha per&t is-sought.'=
Art$cle 4S42a, Vefnou's Anuotgted~~%xasciril Sta-
tutes, creates.the Tex,ee,Stete Board oi.P&%vmaoy,providesfOF
the Uoenslng and registrationat pharmaoistsand regulates
the preotloe of pharmaay
. .Anthis State:
Sectlon~,'lQ of.Article 4542e, Vernod's Aauoteted
Texas Cfvll 8tatate8, ,readsas rollowcr:
mA lpharumoyf-or 'drug store* as us&d in
this Act KS'&+ store or plaae Wh6F6.drugs-ar
sukdioinea‘aresold.'orfurnished%a any boha
f~de,manuer:atretail to the oousmer rhevbin.
~ar.egistere~phan$aol~stis oonti.ngmelyemploy-
*"
Section 26 oftArtiole 4&42e; Vernon*8 Asnotated
Texas Gi%il Statutes, reads as follow8r
*A'yphaxrmc~6&8as used in this Act, meims
a person liuensed by the Sta~e'Bctird.of
Phariitacy,
to prepare, oompouad and dispense physioianet
prescriptions,drlngsend.aedloineaand ~~oieona.~
Section 15 of Article 4542a,,Vernon's Annotated
Texas Civil Statutes, reads as follow8:
“In all &ores in which a iegistereil pharma-
cist is continuouslyemployed,and where the pro-
visions or this Aot have been fully compliedwith,
there'shall be ~displeyedin a prominent pIacrein
or on the front oftsaid stove the word *Pharmacy.**
seotion 16 or Artlole 4542e, Vernon's Auuotated Texas.
Clvll Statutes,veads as follows:
"It shall be unlawful for any person to die-
play i& or on any s$ore or pjaoe of bw+ness the,
word-'Phalmaoy*6ither.I.n the English or any foreign
lan&tige; unless ~thereis continuouslyemployed
Pbarr,
HonorabZe E. '(2. Page 5
therein a registeredpharmacist under the provi-
slons 0r this Act.*
Seotlon 19 of Article 454Sa, Revised Civil Statutes
of Texas, read8 as rollmr
Avery person, ilna, or oorpaation deslrfng
to continue operaflaga retail pharmay or drug
store in this State, as the mm ie defined herein,
and every manufacturerOS drugs aud mediainea a8
defined herein, after the passage or.this bat shall
procure frfanthe Board a permit for each store or'
taatory to be operated by meklng'wlthlnsir (6)
months applloationto the Board upen a form to be
furnished by said Board, setting forth under oath
ownership and location. and the name, with the
aertirlcatenumber, or the pharmaoist registered
In thla State, or physlolan,dentist, reterluar4an
.orchiropodistwho is tc be continuoualy~employed
by the phermay or drug atore~or faatgrg, prqvfded
that the Roard may in its disaretion refuse to fssue
such permit to such applicant unlese iurtished rfth
satls2'actOry proof that said applicant %s engaged
in the business of odtducting a pharmacy, drug
store, or raotory ior the purpose of manafaoturing
drugs; provided further that at any time arterythe
issusnae of a permit by the Bard to such applicant,
the Board may revoke or camel thepermIt when satis-
factory proof has been presented to such Board that
said permit holder Is not conductinga bona fide
pharmaoy or drug stars. The permit provided for
herein shall be Issued annually.bythe Board upon a
reaeipt ,orproper applicationaaoomppad by a fee of
Two Dollars ($S); this permit to be isplayed aon-
spicuously at all t%mes in the store or factory of
original issue. Every person, rirpl or corporation
desiring to open a new pharmacy, drug store, or
factory shall procure the permit before mentioned,
before commenolngbusiness and the same disaretionalr
posers may,be used by the Board in passing upon such
application.,Ro more than one store or faotory aLaY
be operated under one persalt. In case of change or
pereonuel or registeredpharmacists,the J3cardshall
be notlf$ed.or such change within ten (10) daya; Pro-
vided~thatthe same pharmaoist*ename shall not
appear on more than on0 I11 permit.e~
203
Opinion 3% c)-337or this department holds, among
OtRer thiqa, tkat a pha~oy is not a bona fide pharmacy
&so It ia reginteredwltb the State Msrd of Phamasy,
snd unlsaa It has
,_~
._-..- --. a nglstend
at all tlmea phamaiat.
TRta departzent held on Daosmber 14, 151313,
in an
opinion wrttten by Non. Jar Sharp, Awlstpt Attorney benaral,
addrasaadto l?oon.Dmt Ford, J&clntitretO%,Texas liquor Ttn-
tml ?%ard AuatLn, Texaa, that In ordar to ba ali&bls ior
a nediaina!,pan& a ~ba~csoy roustbars bean re(klstered with
t&o Stats %taC of ?ha~maay for at leoat tw gear8 prior to
tha riling or its applicationfor 8 wdloinal Raw&it and that
in order to be a pharmsay it mat &+e had employed and had
an Outg a registered phammbWt omtinuoua4 far the two
year pork% prior to ths Z11i.w of the application.
‘Under the faata skiwd in your latter and Wer the
above authoaltiaathe City Drug E&GM -8 n@t a "phanaaoy*a#
tR&t term la deiinod b law during tbs fifty-&&y period bstwaan
Earah 9, 1939 an& Sgzi1 ZS, lQB9.
tharofore respectfullyadvised that It Ia
the apir~ke%~%a depaxt&t that the aorm3udoo raa&aU by
you in your 3attor is w%nantly dormot.
COMMITTEE