OFFICE OF ‘l-NE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Eon. Roy i. iii11 

Goptlty Attorney 

Dallln#tr , Texas 

opirlioa No. 0-5953 

lfel Is a olub, aeneged end operated 

in bry territory, %a outlined, 

h&ally operated under the Taxes 

Liquor Gontrol Aot? 

Your lettw oi kiaptabr 4, 1@4l, 3?equWMng en 

opinion of this DeparWent on thr above utated question, reeds 

in pert as follolorl 

*X hare a qUaablon I de&r, to oubnrlt to you for en 

oplnlon, in ret&ml k, the eperntlon of e beer alub, in e 

dry tsrritory. A hypothatloel 8tatewmt of the oene is 

au f~llousc 

*A mabar of peruoau hero orgntised thameelvea (ho*- 

arot th*m~l5 Vary lfttle orgeniaetion) for the purpaee 

.o&ue8ing in a oentralimd &eatfoo, In a room or bullding, 

-zH@ o h roo m ia l nwabor of &okers$ saoh member hes e key 

to-, 8 Fridlvidaal leaker, in taot this buildtw has 6 numb6r 

of lookwr, in feat one for rbeeh member of the organization, 

OAR eneh bee mi indlvidUe1 look and key, Be per8 the operator my PO# a awith mat for thiis looker. In titio 13oker 

he keep@ hi@ b#er, oon8fettng of.e oaee, or gortioa et oare, 

80 whioh looker he bes eoo@mif et a4 time be desfrerr. T&e 

entlrs building is lookeil after by one gerson. 

*The beers i.8 usually put In the looker by the man who 

is manager of this OFgeIdb3tiOA, when recpested 50 to do 

by the looker heldOr% Ths beer belongs to eaoh int?ividueJ., 

and is identified when placred in ioe box, by a labs1 on eaah 

bottle, 80 that be will be oerta1.r to cet his beef when he 

goee to the coeler sitar it. The member, or rather the 

OWAW of the toaker V3f&~t3PtZL~s;atlts, ZiRy '3njOy 8. bottle Of 

beer ct his pleasure. I tihinlr this f3 about the sat up. 
Iion. Roy I.. m.11, pop3 a 

"I hardly think it neceeszy to set out the liquor 

yltatutee or the State, end I would like to have your 

ophlon a8 to the legality of this kin4 of sot up, 

bearing In mind the statutes euthorleing e peroon to 

hnvo one oese of beer, or one quart of wUskey, without 

the legs1 preawizptlon thiet he did poeseso It for the 

purpose 0r sale. So beer is sold in the above plsos 

by any one. The atanaGer ci the club mn-ves the beer to 

the various aembere meted at the table, but the beer 

belones to eeoh lndIvIdue1, and asldo rfodi the two or 

three bottles kept In the oooler, it la all looked in 

the locker of the Ir.divldual ounor. 

uHcw beering In mind the law eppllosble to the 

poeseseion and treneportetlon of whiskeyi Is a olub 

mnns$ed end operated aa oatllned above, in dry territory, 

le~nlly operated under our liquor laws. The offlaws OS 

this oounty are oonfrbnted with two or three~crituatiorur 

aim~ler to the above set up, and we desire thet you a4vise 

us as to whether or not the operntion oi such joint adrsnture, handling auoh liquors and beer In the memar outlIned, 

would be Q violetion of tim llquar lawa! of Texa~W 

Your letter ot rje~tszabsr 11; 1941, supplementing the 

above quoted letter, raeas In pert ee iollowr~ 

*The beer IO supposed, or oleIm*d to be brought into 

tNs,oounty by eutomoblle, and one oaae et a tlarr. In 

other words, eaoh member or tha olub plea buys and bring8 

his oaee of 'beer ta the olub, and either put@ his ee.80 of 

beer IU hIo fndfvidual looker or the person i& obsrge Of 

the building pleoes it In the looker for hiaSt his request. 

The basr Is delIvered to the building RB ju$t~'Steted, oa811 

at a time, I. e., eeob Individual btfnge hi8 oeee OS beer 

there. A#$ 80 the emcunt porseased br ang indiVidU81, ~I11 

sny, Just one eeee et a time, Moh looker 16 IndiVidtil 

owaed, or rented, and used. One looker to each IndIvId A 

for his pereonal use snd bonetit. The beer ia bou&t In&Ividualiy, one oaae at e time, end transported from wet 

territory Into this oounty (dryj by the. lndivlduel mnOr 

of the beer and loakar. 
Ison. BOY l.. Elll, pa@ 3 

"My inr0maati0n is that one p0rmn, oaxlml tba muxlg0c, 

owns or leeses the building in which he liaa ooastnaoted about 

50 indivfdUQ1 compartmntn, oo.dainlng indlr dual looks, for 

the use or eaoh lockor, he rctcaives Iron! SO 

eaoh per month. iI gate to &l,OO 

Tho bulldt?,f: is looked, buf:~the lndlvldual 

oonpartmnt owners eaoi: &TO a kep to ihe mln building, 

in audition to haviq. thd:r separate keys r0r their looker. 

The mma@r keeps the beer load for thaa, end ho poye the 

100 bill,, l-eat, anti 11@ats, rrm the prooeeds 0r hi@ looker 

rentnls, aooordlng to the plan or operation. The ammg:dr 

does not have a key to ttiu looker. The beer is oaoled in 

one large ioe box, to riMoh all zmabers, or looker ollmrs, 

p;~;~;sa tar the purpocee of cOolin,: their beer or haring 

." 

The Vera8 Liquor Control Aotn la set r0dih in 

&motet& Penal Code, Title li, OhaptOr 6, Artiolae 666-l 

lJIOluPlYe. 

fall to rind 

hrter oar&ally oonaldorlag the aot aa a.tiolo, 

say provieion ooutalaod therein, ap00liiaaUy an4 

aXtirmtlrely euthoririn(S the orgixniaatlon, aainturauoo and operation or a olub aa aboro &woclbeb. Z?eteithor d w6 iin4 say paw- 

~i0i~ e~pr8my p~0hibithg th8 9~. tithe c0m 0r crirailul 

Appaala or thie state ha8 her&0roro ren6ared sotoral dooi8ions 

relative to alubs orgaulsed and operated under obtain fada as 

are herein maatlonedr 

thooo eatms. 

~0 dlreot yaur attoation tO 8 retit 0r 

In th8 crass 0r Adkinr t. state, 95 5. 2. 306, tbo 

mQtoria1 fQOtQ *ore aubatantially as follmvsr 

I, grou of men formed a olub. Tbeas mm in turn hlrecl 

a sixmard at a r f. x0& 8alary+ The rrteward ordue beer for ths 

mmbors 04 the otub and plaosd maoh beer in tha alubroaop ior 

them. Xaoh maabm ot tha olub paid 0110 dollar for a munbomhip 

'urd reoelvsd tiokets whioh repr0sclated hlo lntereet ln tho beer 

the atsward ordered. After the keg of bsar arrived at the olubtiaeo a tlokat was pla0ed in ths box a@ a glass of $6~ waa 

drawn by any mmbor who desired one, oaaX tlokst rspmaaht~ 

a glass of beer, The beer whlah wae ordord by the steward wars 

ordered for the pumhaacrs or the tick& and ;*tiQ for by raid 

purohasi28;. The Court of CrlmDinsi Appeals held in thin oaae 

that tha rcota ostabllskd Q sale or beer by the at&Ward cash 

time that a &ass of bear was dram bg a imaber or the club. 
i 

Son. toy 2.. Hill, page 4 

In ths 0QQe of Aitton Y. State, 40 8.W. 5011 

of buyins beer fro2 t!ie flm at tile ordinary retail prloe. 

;":;a fifty oeri;fi ;>aid to baotze Q maMr of tixi alleged elub 

wn5 all t.2 mn0y ever '*id into tLe amoern, except the 

usual price tar beer when pu.rohQQed. Josh rim rcoeiveia 

163O dozen bottlem 0: beer in rive monthsi, kept the atook 

replenished with the mnay arising 

8x4 its pay WQA the pTOrit& St 

a oaloe to &ei?lbeM, 

The c 

or this .jtato held that this was 

of Crlalnal Appmlrr 

ale&y a2z eva010n 0r thm 

local option law. 

In the oase,or grnaoek v. State, 41 2. n, 6l5, 

the iQote were oubetantlQ~'Qe ioliowor 

After the Qnaatzseht OP Q looei o~tloh law,~ a olub 

was %noorprated for eooial and llterery purposes, a# to 

provide tke oonvenieaoe of a olubrvant, It had a bllwr& 

table, a dog$ao,table am% twalve booka, and took a sspri-wa&lp 

paper. 'Zhe+bXub bought l~rg6 qmotities of intoxloant8, ahd 

employed an @m?..Loon keeper Qt a aronthly ealary~to eeXl thea 

at rota&l, t&its zismbers only, from tha bar fQnurly owned 

by hisi, iiad tha praoeeds of suah Sal88 ,bmaaa tis’property 

OS the olub. me ci3yd 0s c2w.m :.ppaio 0r this 8t8te 

held that the Cls\b w6s fOrSeu fOr the ptiOs0 Or Wadhg the 

lcmal option law. 

In the 0aoe of Yelme v* State. 95 B. W. 6Q6r 

A olub was lhnoorpoxatea for soagal pqrpoeom. Th+ 

numager of suoh olub dovoted his time to.the management of 

lka arSairs. A memberahlp iae of #&W was paid to 3&s by 

oaah mcebor. 'ifie alei;lbers of tho oLub obtained bsar by purohaalng tlokets. 'fbe beer was obtained the day aitsl the 

purchase of the tfckete. Z%S maeager lnetruoted t,he nembem 

how k, Ot‘Uer beer by stating that when the tiemberrr wanted beOr, 

they would put ncney in 8 box end t,ake out a tiaicet for each 

nickel, Qnd thet oould be prooured at the olubrcom th% fOllOWin 

night. 'Era uoart aold that the elub members, W~M they paid 

tbelr trionag ~lnta the treeeury, parted wilk~ It to tihe olub, 80 

that when it kept out the armey it bought beer on its own 

bshalr, ;3nklng tile manager liable for a sale. 
I t:i: Eon. aay 1.. -11, pa@8 5 

Them a club purchased Uquors, bouT@t with money 

5n tha trcasUry, a distribution of the smm to oietmb8ra at the 

Usual price oonetltuted a sale within t‘hc prohib5tlon laws. 

In tho oas8 of ~5111ShZ:s V. States, 106 3. K. (ii&) St& 

ths faots war8 substantldly 8s tollowat 

Th8 d6rMcMt Wa8 rOtSId 5% the pSSS8S%On Or t8U 

08S8S Of b@ar, in the, Oity aI= Abileoe, Taylor County,' Texar. 

bt the t* d8feK&kUt was the manaiqer 0r what was kpQWn as 

the "kblD& btti8t50 Club*, whioh ha4 approxiaatsly 860 membera, 

a preropulsite to mnbership bei- that m rtitten appl5oation 

hmQ to be mde wh5oh oalled for a dsposlt of fira dollars by 

th8 applicant with 86id tUkMger., UpOn b85ng approvd as a 

maabsr of the olub, ths applicant pa54 a monthly mm ot $1. dues, 

the primary purpose of th8 $8. mentioned being that It was to 

be used in the purohaee or merohandloe, and also that ii a mamber 

With&W b6 was 8ntitl.sd to the r&uTR Of h5.8 $5. deposit, pmride4 it had not been Oonem8Q in the 5nd5Y5d~al ham* or 

a8rohandias or in the payaclnt of ,duoac Yihdn the r 5. 68po8it 

had bee5 eon8um8d, it was also tind8rstcw,b that the S.Mbbr 

. . 

should 88p685t a aike awq ah0 the gegarml. preprty and aotLYities of the c~lub ar6 set out; it 56'mmls that th.6 laanagm was 

%~ poneltt8d to sell chewing m, oi&aS& 01 oofree, milk, anrs. eoit armw ui4 pu%,:~tho 

business into t&8 payment or per% 8r hill 8 en manwere 

It 5s turther set out'5n the agnd &&XU%8flt Of raOt8 5s this 

,, oasa that dome or the nmnbers of raid sthlet5o~bub hod dlraoted 

. . '.apoellanto haye on hand la 8ai4 olub baer for theaeir eonsumpt&n, anCd.that the bear upon whioh this prO686Uti~OU was baa& 

ha& bean or+red by various meabc)rs,~Ul that the d&MAUt had 

gone to meetwater, end actlw ae r of said alub and a$ant 

for the meplbms of sa5$ olUb, ha6 f48d With t& mneY Of 

aaid zmmbcrs ea5.d beer to brin& baok i’or the mmbors of the 

olub. 2zaoh cmaber was to pay the raanager rifteon eente p?r 

container for said beer when he re0e5ve6 1158 burr at said club, 

and said ifitsen Q8Rt deposit, iI: My, Watl d8pos5ted 5s "the 

m-mbera* deposit amount", to r8Q18Flish BRms and $0 b6 Used in 

acoordascs with the Cirection of the gldtabarc of t&c club. %%#I 

omager received no prorit from the sele of any baex, but Flora 

. , :