THEA'ITORNEYGENERAL 

OF TEXAS 

GROVER SEIJJiFE AUSTIN aa, - 

-N 

*-IToRNEY GI3NnmzAl. 

Honorable Bert Ford, Administrator 

Texas Liquor Control Board 

P.O. ~0~~56 -' 

Austin 1, Texas 

Dear Sir: Opinion No. O-7477 

Re: Under the given facts is the 

applicant entitled to a package 

store permit at a certain location? 

This acknowledges,receipt of gcur letter of recent date 

which reads: 

"Yai will find attached a copy of a letter 

and a~diagram from Ron: T. A. Hicks, City Attorney, 

of Wichita 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 said buFlding is used by a mission, which is more 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 Attorney General'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 Chapel we refer to/is located In a bullding 7213 Ohio Avenue being the entrance to a 2-story 

building. The religious organization as shown by 

the map enclosed in our former letter is on the second 
Honorable Bert Ford, page 2 o-7477 

floor and In the rear of the building. From the 

entrance at 7213 Ohlo Avenue leading up a stair 

way to the second floor and down the hall to the 

door in which 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 

In mind that no portion of the Chapel is on the 

lower floor. 

"We conceed that from 513 8th Street to'the 

opening door of 7213 Ohio Avenue is less than 300 

feet, by measuring up stairs and 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 front door to any buildirig 

regardless of its height and size the controlling. 

factor? For example in your City from some point, 

a package store was within 252 feet of the Littlefield Building; say its front door, but up on the 

10th story some religious organization rented rooms 

for a Mission ana by measurements it would be more 

than 300 feet to their particular location. Would 

the front door of the Littlefield Building be the 

controlling factor in'aenying a Package Store Permit 

or would-it be the distance from the door of the 

office space used 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 15 R.C.L. 

372-373: 

"In applying the prohibition against sales 

near churches , great~llberalltg is exercised . . . 

Any structure used principally for religious wor8hiD and Bible study Is Included (within the 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 Is used principally for 

religious worship. Such question Is not for this department to 

pass upon. 

FOP your information, however, we cite 30 American Jurisprudence 437: 
Honorable Bert Ford, page 3 o-7477 

"However, the restraint (against liquor sales 

near churches) is usually held not to apply to 

places used occasionally for preaching . . . or a 

building occasionally used for entertainments for 

the benefit of a church, or to one used by an unorganized body as a mission for Bible study and 

meetings, partlcularls when most of the building 

is used for residential and commercial purposes." 

(Words in parentheses and emphasis added). 

See also George et al v. Board of Excise of City of 

Elizabeth, 63 Atl. 870, affirmed in 67 Atl. 599. 

It Fs, therefore, the opinion of this department that: 

(1) If the building in question Is used principally 

for purposes of religious worshlp, then I. J. Wolfson Is not 

entitled to a package store permit at 513 8th Street. 

(2) If sala building Is not used principally for purposes of religious worship, then I. J. Wolfson Is entitled to 

a package store permit at 513 8th Street. 

We trust that the foregoing fully answers your question. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS .~ 

By s/Wllllam E. Stapp 

Willlain E. Stapp 

Assistant 

APPROm NOV 15, 1946 

s/Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chairman