OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

GROVER SELLERS 

ATTORNEY GENERAL 

Honorable Bert Ironi, ALdminiatratOr~ 

Texas Liquor Control Boar4 ‘1 

Auwtinr Texas 

‘; : 

‘j 

mar Xx-. Ford: Opinion NO* c+Byp i 

A 

Re: Wheth&iraot r&r Ohlldren, 

l oting through the gmwdfm of their 

satatef, may mOeIre 8 ~oly;+6tore 

permttr under the LfquoWmtrol 

Borrd Act? ,. .,’ 

; 

“j 

Your request for an o&& u&n the above mbjeot matter is am follo~sr ,.,_, 

,C’ ‘. ‘* t 

*: 

‘Leon Kaufman ai S&n Antoirlo, ,Texam, is l dminiw 

trator ior the estate of bin 4eOerae4 wife an4 he is 

guardian tar his two aiimr a)?lldren rho are ehlldren 

of his deoeased rite. Iho two minor ahildron Inherited 

au lntrrsat In a p6skagwato?e bolonglng to the ~14 

Leoq~hu!'M&n and'-hli'-d#asamd rife. A&. Xaufman, as 

I undaratan4 It, thaw des&fem to olom the a4miaistration on the estate or. hie dooeared Vfie and meoure 8 

l=aoknRe Store Permit from the Texar Llqnor Control 

Board in hlr om name indlrlduall~ an4 la him n8me an 

guardian of ,the rstatee oi the two minor ohlldren. 1.. . 

.“Arti6ie .4i?4 of Vernon’s Civil Statutes, with 

refer&e t.a Oontinuation of business under the Chapter covering guardian and ward, reads au fOlY,oaar 

“Ii there be a farm, plantation, mamafaotory or business belonaing to the estate, 

and if the same be not require4 to Be at onoe 

sold Par the pawent of debt+ the guardian 

or such eatate, UQOn order of the court, 

shall carry on suoh farm, plantation, manufaotory or hurinees, or rent the same, as 

shall appear for the best interest oP the 

estates In decldine, the court shnll take 
:Innorah?e Bert Ford - pam 2 

Into consideration the oon4ltlon of the 

estate, aa the aeceaelty that may exlmt 

for the future aale of auoh property for 

the payment of debt@, or the eduoatlon 

an4 ralntenance of the var4, 8nd shall 

not extend the time of rentinp moh property beyond what may be oonslstent with 

the intereatm of the estate and of the 

ward.’ (AOtr 1876, PO i8zs 0. L. vol. 8, 

p. 1018.) 

‘The first paramaph ot Seotlcn 11, Page 9, of 

the printed Aof reads as follo~m: 

"'The Bawd nr Admlnl rtrator shall rcfume to issue a poralt to any appllo8nt 

either rlth or without n hearing if it barn 

reasonable grounds to hellere an4 tlnds any 

of the Pollowinp; to be true:’ 

'SeatInn 11(n), beulnnln@ at the bottom oi Page 

9, of the prlnted Liquor Control Boar4 Aotr reads as 

tollowar 

“‘That the apnlloant irr not of go04 moral 

oharaotsr, that him reputation for being a 

peaoeahle, law-abiding oltlren In the eommunlty where he remidea 1s bad, or that he ia under twenty-one (21) yearm of age.’ 

*Your valued opinion la requeated aa to rhetber 

or not Yr. Kaufman's two minor ohl14renr with Ur* 

Kaufman for thel guardian, would be prohlbitedr under 

the last quoted seatlon of the Aot, because of their 

mlnorltf from having a Package Store Pemaitr provided 

tbat Mr. Kauihrn In otberrlee lndirldua’ll~ qualified.* 

It 1s the onfnlcln ot this department that Seotlon 

ll(fi! ot the Llqunr Control Board Aat, as quoted by you, preolud~s tho iwuancc of a permit, such as you mqntlon. Mr. 

Kaufwan In seekIn* a permit , as tyard~lap of the ertnte of hla 

minor children, would be mtlnrr in his tlduci*rT capacity and 

not for himself jnMrldually. It would In essence he the 

grantlna of a uermlt to the minors, therefore, In the name 

of their martilan. She statute speoitloal?~ tc;%lds the lsSUIXJCO of a permit to one under trentFone veal's of ace dlrect- 
Uonorablo Bert Ford - p@@?~ 3 

17. un& oertainly lt doee not OontempUta tbo ls~~saoe Of 

suob permit to l minor iBdireOtly. 

neoellB8ry hplio~tion. 

It im forWdd.n bf 

0 S-MA