## THEA'ITORNEYGENERAL OF TEXAS

GROVER SEIJJiFE AUSTIN aa, - -N *-IToRNEY GI3NnmzAl.

Honorable Bert Ford, Administrator Texas Liquor ControlBoard P.O. ~0~~56 -' Austin 1, Texas Dear Sir: OpinionNo. O-7477 Re: Under the given facts is the applicant entitled to a package storepermit at a certain location? This acknowledges,receipt of gcur letter of recent date which reads:

"Yaiwill find attached a copy of a letter and a~diagram from Ron: T. A. Hicks, City Attorney, ofWichita Falls, which is self-explanatory. "I.J,i Wolfson seeks a Package Store Permit foti a lbcation leas than 300 feet-.frorn 7213 Ohio Avenue; which is the entrance to a building where the rear portion of the second story of saidbuFlding isused by a mission,which ismore than 300 feet from the main door of the premfses for which a Package Store Permit Is sought. "Under the circumstances, Is I. J. Wolfson entitled to a Package Store Permit?"' Mri,T. A. Hicks letter of October 25, 1946, to you reads: "I have your letter of October 24, 1946 conceriiing

Section 25A, Page 25, Article 1 of the Texas Liquor Control Act, also the AttorneyGeneral's.opFnlon of March 19, 1940. "I~~do not believe the oplnLon answers our. question. I. J. Wolfson desires to open a'Package Sttbre at 513 8th Street, as yoti will~note by the =P. The Chapelwe refer to/is located In a bullding 7213 Ohio Avenue being the entrance to a 2-story building. The religious organizationas shownby the map enclosed in our former letter is on the secondHonorable Bert Ford, page 2 o-7477

floor and In the rear of the building. From the entrance at 7213 Ohlo Avenue leadingup a stair way to the second floor and down the hall to the door inwhich the Mission Is located is some 73 feet. This door and entrance to the Chapel is over 300 feet away, so that would place the Mission more than 300 feet from 513 8th Street, so keep Inmind that no portion of the Chapel is on the lower floor.
"We conceed that from 513 8th Street to'the openingdoor of 7213 Ohio Avenue is less than 300 feet, by measuringup stairsand back to the rear of the building on the second floor the Chapel is located more than 300 feet from 513 8th Street. "For instance Is the frontdoor to any buildirig regardless of its heightand size the controlling. factor? For example in your City from somepoint, a package storewas within 252 feet of the Littlefield Building; say its frontdoor, but up on the 10th story some religious organizationrented rooms for a Mission ana by measurements itwould be more than 300 feet to their particular location. Would the frontdoor of the LittlefieldBuilding be the controllingfactor in'aenyinga Package Store Permit orwould-it be the distance from the door of the office spaceused by the Mission?"
In the recent case of Stubbs v. Texas Liquor Control Board, 166 S.W. (2d) 178, error refused, the Court of Civil Appeals quoted with approval the following language of 15R.C.L. 372-373:"Inapplying the prohibitionagainst sales near churches,great~llberalltg is exercised

. . . Any structureused principally for religiouswor8hiD and Bible study Is Included (withinthe meaning of a church building) although some of its rooms may be used by socletles incidental to the church. D
. -' added). (Words In parentheses and emphasis
Thus, the question here presented is not one of measurement but is rather a question as to whether or not the building In which the Mission Chapel is located Isused principally for religiousworship. Such question Is not for this department to passupon.

FOP your information,however,we cite 30American Jurisprudence 437:Honorable Bert Ford, page 

### 3 o-7477

"However,the restraint (againstliquor sales near churches) isusually held not to apply to places used occasionallyfor preaching

. . . or a building occasionallyused for entertainments for the benefit of a church, or to oneused by an unorganizedbody as a mission forBible study and meetings,partlcularlswhen most of the building isused for residentialand commercialpurposes." (Words in parentheses and emphasis added). See also George et al v. Board of Excise of City of Elizabeth, 

### 63Atl. 

### 870,affirmed in 

### 67 Atl. 599.

It Fs, therefore, the opinion of this department that: (1) If the building in question Isused principally for purposes of religiousworshlp, then I. J. Wolfson Is not entitled to a package storepermit at 

### 513 8th Street.

(2) If salabuilding Is not used principally for purposes of religious worship, then I. J. Wolfson Is entitled to a package store permit at 

### 513 8thStreet.

We trust that the foregoing fully answersyour question.
Yours very truly ATTORNEY GENERAL OF TEXAS

.~ By s/WllllamE. Stapp Willlain

E. Stapp Assistant

APPROm NOV 

### 15, 1946 s/GroverSellers ATTORNEY GENERAL OF TEXAS Approved Opinion CommitteeBy s/BWB Chairman