OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Q-C. MUlW 

A---L 

Eonorable woodrow Curtio 

County Attorney 

Frio county 

Pearsall, Texas 

Dear Sirr 
Honorable Vioodrow Curtis, Page 2 

under Article 

Article 667-5 

667, P. C., paragraph 5 .” 

of the Penal Code reads as follows: 

“Any person desiring a lioenee ae nmnuraoturer, distributor, or retail dealor may 

in taoatlon or in term time iii4 a petltfon 

with the county Judge or the oounty in which 

tha applicant desires to engage in nuoh burlnom whioh petition shall state as follows: 

Ii a manufaoturer: (1) That he Is a lawabiding, taxpaying ditizen of this State, 

over twenty-one (21) years 0r age; that he 

has be8n.a resident of the county wherein 

auah lloense ie sought for a period of more 

than one year next preoeding the tiling of 

suoh petition; and that he has not been oonvlated or a relony within two (2) years lamediately preceding the filing or such petltiion. 

(2) If a co-partnership, thaO all indlvlduals 

have the ~~ame quallfluatloncr provided in paragraph (1) abovei 

(3) If a eorporatlon, that appiloant is 

organized and chartered under, and has OOIUplied with, all aorporatfon laws or this State 

applloable to such corporation, that the prlndpal 

plaoe OS buslnesa is ln the oounty where suoh 

lloense is sought, and the president and xaanag?r 

shall sake an affidavit that he posseseen all 

quallricatlons Provided in paragraph (1) above. 

If a distributor, general or looal: 

(1) AppliOant shall give the same ikforakation required of a nmntiaoturer lnoluding the 

plaoe or plaoes where his business shall be 

transaoted, and the bounty or oountles where 

his sales are to be made. 

If a retailer: 

(1) The same information require’d or the 
Honorable Woodrow Curtis, Page 3 

manutaoturer. 

(2) The aormot addrese of premises to 

be used by the applloaat Sor the sale of 

beer, and whether he tl$airee to sell beer 

ror consumption on or off the premises. 

(3) He shall enumerate the kinds of 

business In whioh he is engaged or In whloh 

he Intends to engage on the lloensed premises 

and other premlws under his oontrol oi wbioh 

the lloensed premises is a part. 

(4) That applloant.hae no finanolal interest In any establishment authorized to aell 

dlstillod eplritrr: 

(5) That no person engaged in the busineas oi selling distilled spirita haa any 

ffnanolal intere8t In the business to be oonduated under the lloense sought by the applleant. 

(6) That he has not had any intereat QI 

any license to sell beer whloh llosnse has been 

canaeu4a or revoked .withi.n the twelve (121 

month next preor6lng the date of the present 

applfoation ror lloanee r 

(7) That he is not residenced or domiolled with’any person who has any flnanolal interest with any establ$shment engaged ln’the 

business 0r selling aistill4a epiritr, or any 

person In whose nants any lloense has been oanoellea or revoked withln the twelve (12) mmth 

preoedtig the present lioense; 

(8) If applioat&iOr retailer’s lloease Is. 

a oorporationi applioatlon shall show that the 

president or manager thereof has been a.resident 

or the oounty wherein the lloenee is sought for 

more than one year next preoeding the date ot 

the applloatlon and that no oii$Oer of the oorporation is dlsqualltled In any.other manner that 

would prevent him from holdlug euoh lioense in 

his own nameiW 
Eonorable Woodrow Curtl6, Page 4 

Artlole 

provides that the 

667-S, Penal Code, supra, apeoifloally 

applicant must have been a resident of 

. -. . . - -_ the oounty wherein suon uoense is sougnt ror a perloa or 

rim; than one year next preoeding the f’lllng of such petl- 

. 

Naturally, the question arises as to the legal 

meaning of the term or word *resldentW. A8 used in some 

statutes, the term WreslaentW and *‘domicileW have the sanm 

meaning; in others they have not. See the aames of Plttsburg Hater Heater Co. Y. Sullivan, 2432 5. Vf. 676 and Halveraon Y. Livengood, 4 6. yi. (24) 588. Texas Jurlsprudenoe, 

Vol. 15, p. 7-11. 

lows : 

We quote rrom Corpus furls, Vol 19, p. ,397, as roi- 

“Generally, where a statute preeorlbed re4ldenoe a4 a qualitloatlon tar the 

33djc&wn* 0r a prlrlloge, or the exerolm 

ot a rranohlse, and/or whenever the terms 

are ‘Used in oonneotlon with subjeota of 

domeatio policy, domioile and reaidenae are 

equivalent. Statutory .oonstruction a&* 

sometimea arteot the question-.” 

In Volume 54, p. 708, Corpus Juris, we find the 

rollowing deflnltlonr 

“The best definition is that to be deducted from the Roman Law; that a man’s 

reeldenoe ie the pl444 whore hi4 family 

dwells or whioh he makes the ohi;er seat’ or 

his artairs and intereat. Residence is the 

favorite term employed In the statutes to 

express the connection between pers$~ and 

plaoa. The meaning when employed In a 

statute is often provocative of dispute, 

often making it dirrfwt to give an exaot 

detinftion ot what is meant by residence as 

used in partioular statutee, tor when ured 

in etatutee it has airrerrnt meaning4 in 

dlrrerent oonneotlons, and may be used 'with 

difrerent meanings In different statutes, 

and also, it sometimes has d@ierent shades 

of meaning in the sfatute8 and even In the 

aonstruat ion. An examination or the autboritles disaloses that it has received dlf- 
Honorable hoodrow Curt&, Page 5 

In rl?w of the foregoing authorities and the raote 

stated in 

it is the 

your inquiry, you are reepeotfully advised that 

opinion or this department that Mr. Beok oamot 

.fy as a reeldent oi lrio County under Article 66T-S or 

the Penal Code. 

ferent derlnltlone in rsrfoue oases, prlncipally Involving rranohlee, taxation, and 

juriealction. As Its 8tatutory aeflnltlon 

depends upon the legislative purpose ae 

well as the context of the statute It must 

be construed In every oaee in aoaordanoe 

with the objeot and intent of the statute 

In whlcrh it oocure; henoe its meaning Is 

to be determined from the fact8 and olroumstances taken together In each partloular 

case. However, it is said that when used 

In the. statutes, or aotions, or suite re1aUng to toxe.tlon, rights 0r suitrage, 

dlvoroe, limitation of aotione, and the 

like, it le used In the sense ot legal 

residence, that 18 to, cay, place of doml-. 

oile or permanent abode." 

Trustlug that the foregoing anewere yo& inquiry, 

we remain 

Yours very truly 

ATTORNEY OENJiRAL OPTEUS 

APPROVED J-W 6, 1939 Ardell Willlanis