**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 
Q-C. MUlW A---L

Eonorable woodrow Curtio

County Attorney Frio county Pearsall, Texas Dear SirrHonorable VioodrowCurtis, Page 2

under Article Article 667-5 667, P. C., paragraph 5

.”

of the Penal Code reads as follows:

“Anyperson desiring a lioenee ae **nmnu** raoturer, 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 **burl** nom 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 auahlloense 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 petl**tiion.**(2) If a co-partnership, thaOall 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 OSbuslnesa is ln the oounty where suoh lloense is sought, and the president andxaanag?r shall sake an affidavit that he posseseen all quallricatlons Provided in paragraph (1) above. If a distributor, general or looal: (1) 

## AppliOantshall 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) Thesame information require’d or theHonorable Woodrow Curtis, Page 3

manutaoturer. (2) The aormot addrese of premises to be used by the applloaat Sor the sale of beer, andwhetherhe tl$airee to sell beer ror consumption on or off the premises. (3) Heshall enumerate the kinds of business In whioh he is engaged or In whloh he Intends to engage on the lloensed premises andother premlws under his oontrol oi wbioh the lloensed premises is a part. (4) That applloant.hae no finanolal interest In any establishment authorized to aell dlstillod eplritrr: (5) That no person engaged in the busineas oi selling distilled spirita haa any ffnanolal intere8t In the business to be oonduated under the lloense sought by the applleant. (6) Thathehas not hadany intereat QI any license to sell beer whloh llosnse has been canaeu4a or revoked .withi.n the twelve (121 monthnext preor6lng the date of the present applfoation ror lloanee r (7)That he is not residenced or domiolled with’any person whohas any flnanolal interest with any establ$shment engaged ln’the business 

## 0r selling 

## aistill4a epiritr, or any person In whose nantsany 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 showthat 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 mannerthat would prevent himfrom holdlug euoh lioense in his ownnameiWEonorable WoodrowCurtl6, Page 4

Artlole 

### providesthatthe667-S, Penal Code, supra, apeoifloally applicant must have been a resident of

. -. .. - -_ the 

### oountywherein suonuoense is sougnt 

### rora 

### 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. A8used in some statutes, the term WreslaentWand *‘domicileW have the sanm meaning; in others they have not. See 

### theaamesof Plttsburg Hater Heater Co. 

## Y.Sullivan, 24325. Vf.676 and Halveraon

## Y.Livengood, 4 6. yi. (24) 588. Texas Jurlsprudenoe, Vol. 15, p. 7-11.

lows: Wequote 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 ‘Usedin oonneotlon with subjeota of domeatiopolicy, domioile and reaidenae are equivalent. Statutory .oonstruction a&* sometimea arteot the 

### question-.” In Volume 54, p. 708, 

### CorpusJuris, wefind the rollowing deflnltlonr

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

### reeldenoeiethe pl444 whore hi4 family dwells or whioh he makesthe ohi;er seat’ or his artairs and intereat. Residence is the favorite 

### termemployed In the statutes to express the connection between pers$~ and plaoa. Themeaningwhenemployed In a statute is often provocative of dispute, 

### oftenmakingitdirrfwt togivean exaot detinftion ot what is meant by residence as used in partioular statutee, tor whenured in etatutee it has airrerrnt meaning4 in dlrrerent oonneotlons, andmaybe 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. Anexamination 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 whlcrhit oocure; henoe its meaning Is to be determined from the fact8 and olroumstances taken together In each partloular case. However, it is said that whenused In the. statutes, or aotions, or suite re1aUngto toxe.tlon, rights 

## 0r suitrage, dlvoroe, limitation of aotione, and the like, it le used In the sense ot legal residence, that 18to, cay, place of doml-. oile or permanent abode."

Trustlug that the foregoing anewere yo& inquiry, weremain Yours very truly ATTORNEY

OENJiRAL

OPTEUS

APPROVED

J-W 6, 1939 Ardell Willlanis