OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Sum 8, lQS9 

Bon. J. C. voyle6 

tiBiBt#Ult county Attorney 

Jerrerson county 

l%s8lxont, Peras 

Paar Sir: 

a on tha.qusetlon 

wired by this 

l-01 Aot g,iTas 

ntorake Blpoh 

19251, and rurther, that atid 6pplhion 

rrould hare %!j be aeaompanied by a csrtffioste 

rr0it3 the cotity cm-k to the effeat th&t 

said applicant had emuplied wfth the tenn~ 
Hon. J. C. Voylee, Juhe 8, 19S9, R8.@ 2 

of the assumed name law. 

wObjeotion has bean made by 80180 applicants for licenses to the payment or the 

additional $O.Stl for a oertlriaete from the 

County Clerk made nsoesaery by rea8on of' the 

ruling on the part of the iLdministrator - 

rererred to. thlT qIl86ttiOtlo you ia, l ShOu 9 d' 

the County Clerk issue the oertltioate demanded by the hdmlnistrator of the Texne Liquor 

Control Board without aharglnq a fee theretor, 

in acmplianae with the Liquor Control Aof 

wherein eaid But Stat88 that a r88 of $5.00 

or #2.00 and no more, ae the oaae may be,, 

shall be charged in addition to the llosplre 

Ides, or, should the Clerk aharge a fee oi 

8.50 for said certiiicate, as provided for 

under the terms or Art. 3930, R. C, 9. 192!DtW 

Beotion 18 0r Artme 1 or the Texee Liquor 

Control Aot reeds as r0xw8: 

The Board is authorized to issue WIna 

and beer R8tetl8r'B Permits, The holders 

of suah pormlte shall be authorized to 841 

ror oonetnuptlon on or off t&3 pramisea where 

aold, but not tar resale, vinoua and malt 

beverage8 oontalning aloohol in exoesu of 

one-half of one percent by Volume and not 

more than fourteen (14) per oent or alohhol 

by Volume. Nl such permits ahall be applied 

for and Uaued, unless denied; and fees pafd, 

upon th8 aam proaedure and in th8 Ban30 tamlMW 

and upon th8 same feote and under~ tho Beme 

clrcumatanees, and for the a.ae duratlOa of 

time, and ahall b8 rentable in the same~maaner, aa required and pWd8d to g~vern~pplication ror end lasuanoo oi R8tail.'8eerikaler'a 

Lioensee under &'tiOh II'of this Aat; and 

ehtdl be SUbj8ot to ostt~ellation ,or suspension 

for any of the reasonq'tbat a Retail Beer 
Hon. J. 0. tJOy188, June 8, 1959, Pa@ 9 

Dealer's License may be OMO8llSd or au%- 

pSnd8d, and upon the aame prooedure. The 

holders Of nfIl8 and &er Retailer'6 r8rmita 

shsll also be subject to all pm~ialona of 

$8OtiOXl 22, Article II 0r this Act. All 

alcohollo beverages which the holders Of 

such penalta are authorized to sell may be 

sold wlth the sane reatr~ctioh~ ea provided 

in Article II governing the SCi18 0r beer, 

a~ to prohibited houra, local reatrictiona, 

age or employeea, inatallatlon or maintenance of barrier8 or blinda in. Op6Id.436 or 

doors, prohibition Of the US6 Of th8.WOl.d 

*saloon* in the signs or edY8rtlaingF and 

subject'to thee 6ame reatrlctlons upon oonsumptlon of tine es provided for beer in 

the case of Retail Beer Dsnlera in Section 

15 or Article ,rnI or this Aot, For the 

violation or any applioeble provialon6 oi' 

Article 11 the holder6 of such permits ehaU. 

b8 liable for penaltiea provided in Article 

II; r0r the violation 0r any other prOvialQn 

of this Act the holdefa.?f such.pewita ahall 

b8 aubjeat to p8n6ltia6 provided in Article 

I of this Act.-(4) 

The annual r8e for such a permit shall 

be Thirty~(#sO) Dollars and ahallbe dlatribtited in the manner provided for the dlatribution of fees ~~der$ved under Article .I1 

or this Act; provided, however, thst a Wine 

and-Beer Retailer'8 Permit may be iSSUed iOr 

a railway dining, buffet, or club car upon 

payment or 6 re8 0r Five ($5) dollars r0r. 

each oar; provided, hafQV8r, that app1iCatiOn 

theretor and the payment or r68 ahall be 

made direot to the Boaxd'and provided further.thatany 6% permit ror,a railway ai&, 

bucket, or 01ub car aNlb8 faoper&$ve in 

MY dq arsa'aa the,aama ie defined ln thir 

A+.--(S)" 

The,aevetith paragraph of Sect&n 6 of Artiola 
.g 

I 

Hon. J. C. Voyles, June 8, 19ZSEo Page 4 

x1 or the Texas Liquor Control Bat reads a6 r0Lbwa: 

"xV81y p8rSOn making eppliOQtiOn rOr 

an original liaense or any olaee herein provided, except Drancli T-iaensea end Tenporsry 

LfO8nS8B, shall be 6UbjeOt 6t the time Of 

the hasring thereon to a fee of FIva Dollars 

((L5), which ree shall, by the'County Clerk; 

be deposited in the County Treasury and the 

applicant shall be liable for no other fees 

exo8pt said application r8n and the anuual 

license fee required of him by this Aot." 

Paragraph (b) or Seotlon 7 or Article R or 

the Texas Liquor Control Act reads a8 rollowst 

"Any application r0r renewal shall be 

eoooxpani8.d by a re8 of Two Dollars ($a), 

whioh shall be In addition lo the amunt 

required by law to be paid ror annual Uceee r88B, a6 a renewsl ree charge. Any 

renewal f8e OhargeEI Collect8d by the COUIIty 

Assessor and Collector or Tare& ahall be 

deposited in the Cowity Treemy a6 f666 ot 

orrise and be 80 acoounted r0T by him. If0 

qppllaent r0r renewal of license shall b6 

required to pay any r886 other than the renews1 ree oharge and ~lioanae’reea herein provided, except when required by eutlon ot 

the Board or Adzciniatretor to 6ubmI.t to hearing upon suoh renewal before the county judge.* 

r0mtv? : 

Article 5924, Revised Civil Statutes, reada ma 

*Do person shall conduct or transact 

buainesa in this State under any eeaumed 

name or under any de&gnat&on, name, style, 

ooporate or otherwise other than the reel 

nezae or eaoh ln&ividusl oonductlng or tranaaotiq such bU6ines8, unless such person 

shall rile in the OrfiO8 0r the oounty alerk 

of the countfee In which suah poreon oonduefs 

or tranaaota or intends to aonduct or~txaaaao c 
HO& 7. C, Voyles, Tune A, 1939, rage 8 

ewh business, a aertifioate settlq forth 

the noma under whhh such business is, or 

id to be, oonduated or transaoted, and the 

true full name or names of eaoh person conducting or transaoting the sent), with the 

post-office adcress of each. Skid aertlfioate shall be exeouted end duly aoknowledeed 

by the parson so oonduetlng or intenaine to 

conduct sai6 byzlnoss in th6 mmner provided 

for acknowledgment 0r oonveyanoe of real estate." 

Artiole 5930, Revfeed Civil Statutes, roads in. 

as follows: 

"Clerks or the county oourt~ shall reaeive the following fees: 

" *... 

v&ah tkrtlSioate to any faot or faots 

contained in the reoords of his office, with 

osrtitloate and seal, when not othemies 

provided for . . . . . . '. . . . . . . . . .80w 

fn view of the foregoing statutes, you are POspeotfully aavieed that it is the oplnlon oi this bmpartment that the oounty clerk is authorized to charge a fee 

of SOg Sor escb certifioate from suoh ale& to the eflsab 

that the applicant has oolepU.Sa with the terma of the 

assumed name law. 

Vruatixq that the foragoi~ answers your innpdry, we remain 

Yours very truly