OFFICEOFTHEAPORNEY GENERAL OF TEXAS 

AUSTIN 

Boaorable Bert For&, 

fesaa Uquor Control 

Austin, Teraa . 

&iadnit4trator, 

IbOard, 

rour in- of 

careful attention. 

hae been given our 

you ham called our 

We do not think 

order, however, 

said opinions, '1 

same. 

opinions to Thich 

-6088 ana o-3803. 

mud opinions. In 

tonotruction of 

olearly state 

al Code (8) glres the 

pend or camaX petit8 

sportotion, importation , 

everagf3e or other perndte 

e 6664.6, Peti Code, the perniittt are 

ision (18) thereof relates to the perretatlers, ati it prmides that all 

reimreble in the aame mmnor as reto govern application for an iseuance 

of Betail Beer Dealer*8 Llaeneea under Artiole II of this 

bat, 8116 shall be subjest to oanoellation or cluspcneioa for 

any of the reasons that a Retail lieOr Dealarts Liaenee n;oj 

bo mnoelled or auepended, ami upon the came procedure. WI+ 

Artlole 667-3 requires every pereon uho engages in 

the sale of beer to obtain a Uoense therefor from the Texas 

Liquor Gontrol floarti. 
Honorable Bert Ford - page 2 

Artiole 067-6 contains the information that must 

be ezbraaed in the application. 

cation. 

Article 807-6 provides for a hearing on the appllIt provides that the application shall be filed 

with the Count7 Clerk, and af+ter proper nOtlO@ the Count7 

Judge hears the application; said I)rtiole provides1 

81s upon hearing upon the petition oi any 

applicant for a lioense, the County Judge finds 

the faots stated therein to ‘be true and hs~ no 

ether lawful reason for denying the ap+oation, 

he sholl entor an ortler so aertfitingS and a 

copy of sald order shall be delivered to the applkCa& J * * SJ t&e &bSeSSOr and COlh?CtOr Of 

Taxes shall thereupon report to the Texas Liquor 

Control Board upon e form presoribed br said 

Board oertifying that the application for lioense 

has been approved and all required fees paid, and 

.such other information as ear b6 required by the 

Board, and to euch aertificate shall be attached 

a copy of the original applioation for lioense. 

Upon re0oiving such report or oertification from 

the Assessor and Colleotor of Taxes, it shall be 

the duty of the Board or Administrator to issue 

the license accordingly, ii it is found that the 

applicant is entitled to a liaense and there are 

no legal reasons shy a'liOense should not be istlued* * , l .î 

krtiole 667-1 ot the PeDal Code~provides for the renewal of Uocsses, ani the appliusnt is required to file MS 

application therefor with the Aaeetmtor and Colleotor of Taxes 

of the county. The law then proridsst 

=*I)*, The lbseeaor and Colleotor of Taxes 

shall thereupon transndt to the Board a oopy of 

said application for renerral together mith the 

certification that all required feee hare bee%% 

paid for the'smuxing lioense psFiodJ and upon reoeiring the oo y of said application and eertifltmtion as to t Ii e payment of iees, the Board or Administrator i2sy in its discretion issue the lioense 

applied for, or may within i'ire (6) days aft&r reoeipt of such applioation reject the so1118 and r+- 

quire that the applicant for renewal tile applioa- 
! ’ 

honorable Bert Ford - page g 

tion with the Cwnt~ Judge and submit to hearing 

bePOre suoh County Judge in the rnanoer required 

or any appliosat sor the primary or or&ha1 

liOense.g 

Artiole 689-19 of the Penal Code authorizes the' 

Board or Administrator to oanoel the lioense of asp peroon 

authorized to sell beer, after notioe and hearing, for some 

airteen s arate aml d.istinet reasons or violations ~0s the 

law. 8ub8vision (0) thereof gldes that the license may 

be ooncelled if 'the liceneee tiolated aq provision of 

tM6 dct or any rule or regulation of the Board at any tine 

during the existenoe OS the Uoense sought to be oancelled 

or rfthin the next preoedlng license period of any license 

held by the 1loensee.s 

It ie our 0piMon that the Administrator of the 

Texas Liquor Qontrol Board uan refuse to renew a limnee 

for any reason Tudor the otatute shich would authorize him 

to oanoel the license; In other words, it the Ailxdnietrafor knows that during the former lioense period the lioensee 

has violated the Texas Liquor Control Aot he would have,- 

do Subsection (0) ot Article 667-19 &bote ~quottkl, the rig$it 

to oancel the renewal lioonse. 

Ae quoted above, Artiale 607-d provides specifical17 that after the County Judge has had the hearing, asd has 

approved the applioation, the record la Bent 87 the deeeesor 

and Collector of.Tesse to the Texan Liquor Control Board, 

sit shall be the'duty'of the Board or Administrator to isfme 

the license aeoordingly, ii it is fqwl that the applicanf 

is entitled to a lioense and there are tie legal reesons why 

a lioenae should notbe 1osued.s .It is our 0 

od 

inion that the 

faat that the applicaqt did during the prec ng year commit 

such an aot as would $3stify the Adsdnistretor to eanoel the 

permit rould with the same reasoning be a suti%ient legal 

reason shy the reneu+l licen+e ehould not be iseufxl. 

Section g OS the Texos Liquor Control Aot prmides 

that the entire A& ahall be llberallp Oonstrued ?or the acoimpii6hment of the purposes nsmed therein, and Article 068-13 

provides that the permit when granted shall be purely a personal privilege ami shall be revocable SOP the oauses stated 

in said statute, and that~ the permit shall not oonstitute any 

property right0 
honorable Bert gord - page 4 

Un~estiOMbly, uuder the prwisions OS Article 

067-.19(o)* the Adsdnistrator, If he should issue a remw-. 

al permit, could ismcdiately thereafter canoe1 the pemdt, 

if he had cvidenco showing that the licensee had during 

the proceding year violated any provision OS the Texas. 

Liqyxor Control Act. It would not be a liberal construction to say that the Adsdnistrator could bo compelled to 

issue a renewal lioenee, which under the law he could imsmdiately cancel under the plain provisions of said law. 

In Uotropolitan Life Insurance Co. V. Kann, 168 

9. u. (2) 33.2, tho Saprone Court, la construing the occupation tax statutes, used this languagec 

'(7.8) + l l . It oertainly was not the intention or the tegislature to require a certifiaate to be iseued under Article 477o, when such 

certificate is subject, at the very time of+ isttuance, to be rwoked under Articlo 471fi.s 

It ie our opinion that the Administrator may refuse to grant a renewal Ucetlllo for aq of the reasons 

nanred in the etatuto, for which he could cancel same, if 

he should issue the renewal license. 

.-- 

. ..L. . 

7erj truly yours 

ATTOIWEY GEJillRAL OF TEXAS 

: .r;l.:< *~Q&g.- , 

B, --A--------+ 

680. V. IIarcus 

AssIstant