Henorable Coke 

Admlnlstroter 

March 7, 1957 

R. Stevensan, Jr. 

Texas Liquor Central Board 

1300 Guadalupe 

Austin, Texas Opinion WW-49 

Re: Interpretation to be placed 

on Section 17 (3)(f), Artlcle 666, Penal Cede of Texas - 

whether a vcaluntary trade association may be formed by 

retail package stere owners 

and dues collected frsm the 

members en a voluntary basis 

by wholesalers who, as an accemmedatisn to the retailers, 

add a per case assessment as 

a separate item en each lnvoice, such sums ta be remitted by the wholesalers 

to the trade association 

Dear Mr. Stevensenr 

monthly. 

This will acknowledge receipt ef your letter ef February 27th, 1957, with reference to the lesallty bf the propased plan as outlined above and in which you inquire whether 

such plan Is legal, stating that the questian has been raised 

as to whether er net the plan of collectlen would am&nt to an 

inducement @n the part ef the wholesaler and thus be a violation of subdivision (f) of Section 17 (3) sf Article 666 - 

Penal Code of Texas. 

In determining the legality of the propased plan, it 

is necessary to csnslder all of Article 1 af the Texas Liquor 

Cantrcl Act, this article being cavered by Article 666 of the 

Penal Code of Texas. Subdivision (f) of Section 17 (3) makes 

it unlawful for any whelesaler or any agent, servant or employee 

ef the wholesaler: 
Hon. Coke R. Stevenson, Jr., Pace 2 (WW-49) 

"To @ffer any prize, premium, gift, or 

any similar Inducement te any retailer 

or cbnsumer, or the agent, servant or 

employee of either." 

It Is net clear frem y@ur @pinion request that the 

prepbsed plan would be In violation of the above described 

subheading, but we do call your attention te Section 17 (3) 

(b) In which It is made illegal: 

"lx furnish, give, or lend any money, 

service or ether thing of value, or 

ta ruarantee the fulfillment or any 

fln&clal ebligatlon of 

(Emphasis added.) 

We also call ymur attention 

part af which is as follsws: 

any retail&." 

to Article 666-4, a 

"Any act done by any persen which is 

not granted in this Act is hereby 

declared to be unlawful." 

and ta subdivision (2) of Section 17 (Article 666-17 (2) ) 

in which it Is made unlawful for any persen. directly or indirectly to hold or have an Interest in molethan five package 

store permits, the business thereof, er have any interest In 

such package stores. 

It is @ur opinion that the proposed method bf collecting dues from the members of the veluntary trade associatien ef package store retailers by whhelesalere, as an aceemmodatien to the retailers er their vcluntary association is 

the furnishing and giving af service, which is a thing of 

value, by the wholesalers te the retailers and Is in vlolatien of Section 17 (3) (b) of Article 666 @f the Penal Cede. 
Hon. Coke R. Stevenson, Jr., page 3 (WW-49) 

It Is a violation of the Texas 

Llquer Control Aot, Article 1 and 

specifically of Sectlen 17 (31 (b) 

for a whelesaler to furnish te a 

voluntary trade'atisoclatlcn of retailers the service sf collecting 

dues fr@m retailers. 

Yaurs very truly, 

WILL WILSON 

Attorney General 

JWW:ms 

APPROVED: 

OPINION COMMITTEE 

R. Grady Chandler 

Chairman