E u GENE 

WILL WILSON 

*TTORNEYGENERAL 

November 6, 1961 

Honorable R. L. Lattimore Opinion No. w-1187 

Criminal District Attorney 

Edinberg, Texas Re: Whether trucks operating 

out of a warehouse accepting orders which are delivered to the fish dealer's 

wholesale house and making 

deliveries to purchasers 

from the wholesale house 

are required to each have a 

Dear Mr. Lattimore: fish dealer's license. 

You have requested an opinion from this office on the 

following matter: 

"A wholesaler operates his wholesale house 

in a certain city in this county, where he 

makes wholesale sales of aquatic products, 

and which is covered by a wholesale Fish 

Dealer's License. The wholesaler also owns 

and operates several delivery trucks, from 

which no sales of fish are made. The 

drivers of the trucks, operating from the 

trucks, take wholesale orders for aquatic 

products and turn the orders in to the 

wholesale house. The orders are never 

filled direct from the trucks at the time 

the orders are taken. All orders go to the 

wholesale house for filling. The delivery 

trucks and their drivers perform only two 

functions, first, that of making deliveries 

from orders turned in to the wholesale house, 

and second, that of taking orders." 

You have asked this office if the wholesaler must have 

a Fish Dealer's License on each of the delivery trucks, and if 

so, what kind of license must he have. The following provisions of Article g++a, Vernon's Penal Code of the State of 

Texas applies to the problem presented: 

"Section 1. The following words, terms 

and phrases used In this Act are hereby 

defined as follows! 
Honorable R. L. Lattimore Page 2 Opinion No. ~~4-1187 

(b) A 'Wholesale Fish Dealer' is any 

person engaged in the business of buying 

for the purpose of selling, canning,preserving or processing, or buying for the 

purpose of handling for shipments or sale, 

fish or oysters or shrimp or other commercial edible aquatic products, to 

Retail Fish Dealers, and/or to Hotels, 

Restaurants or Cafes and to the Consumer. 

(c) A 'Retail Fish Dealer' is any person engaged'in the business of buying for 

the purpose of selling either fresh or 

frozen edible aquatic products to the consumer. 

"Section 3. The licenses and the fees to 

be paid for the same are hereby provided 

for in this Act and are as follows: 

2. Wholesale Fish Dealers' License, fee 

for each 

i 

lace of business, Two Hundred 

Dollars ( 200). 

2-a. Wholesale Truck Dealers' License, 

fee for each truck, One Hundred Dollars 

cy * 

Place of business, as used in this 

Act,'shall include the place where orders 

for aquatic products are received, or where 

aquatic products are sold, and if sold from 

a vehicle, the vehicle on which, or from 

which such aquatic products are sold, shall 

constitute a place of business." 

It is the opinion of this office that the taking of 

orders which are taken to the wholesale house and the deliveries 

of the aquatic products from the wholesale house to a purchaser 

are not sufficient functions to create a sale in themselves. 

Therefore, the wholesale house is the only "place of business" 

as defined in Article 934a Sections 3-11 and only one.wholesale 

license may be required. Since there are no actual sales made 

from the trucks, they are not required to have a separate license. 

SUMMARY 

Trucks making deliveries from and accepting 
Honorable R. L. Lattimore Page 3 Opinion N . ~~-1187 

orders for a fish dealer's wholesale 

house are not required to be individually 

licensed. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

dhdLbLBY 

J. T. Walker 

Assistant Attorney General 

JTN:sh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Joseph Trimble 

Elmer McVey 

Riley Fletcher 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee,Jr.