. . 

OFFICE OF THE 

Romrable Bert Ford, 

Texas Liquor Control 

Aus tin, Texas 

Dear Sir: 

ATTORNEY GENERAL OF TEXAS 

AUSTIN 

\ f!P 

/Jl 

” 

Administrator J 

,“L? 

Board 

Opini 

Re: 

> 

opinion of this de 

ln stated 

busihess?" 

A of Article 656-4, Vernon's Annotated 

as follows: 

"(a) It shall be unlawful for any 

person to mnufacture, distill, brew, sell, 

possess for the purpose of sale, inport to 

this state, export from the state, trmsport, distribute, v:arehouse, store, solicit 

Or teke orders for, or for the purpose of 
,P. 

gonorablo Bert Ford, Page 2 

sale to bottle, reotlty, blend, treat, fortify, 

Blur or possess any liquor in any wet area wlthout 

having first prooured a permit." 

Subsection 0 Article 600-15, Vernon*8 Annoteted 

pmal code, provide8 in part as hollows: 

*(a), 'fiolesaler*s Permit shall authorize the 

holder thereof to: . . . (b) sell liquorin original ' 

containers In which received to retailers and wholesalers authorized to sell same; (0) sell liquor out 

of state to qualified persons; . . .* 

Subsection,7 of the above mentioned statute provides 

in part as follows: 

*(a) Class B. 'Rholesaler~a Permit ahall authorize the holder thereof to: (a) Furchase and 

import malt and vinous liquors from breweries, 

wineries, rectfryers, and wine manufacturers and 

bottlers and purchase from other nholasalera within the state; (b) Sell sama In original containers 

in which received in this state to retailars and 

wholesalers authorized to sell me; (0) Sell same 

out of state to qualified persons. . . ." 

Subsection 9 of Seotion 15, Article 66645, aupra, 

provides; 

*Agent' 8 Permit. An Agent's Permit shall authorize the holder thereof to: 

*(a) Represent any person who Is authorized to 

sell liquor other than a retailer; 

w(b) Solicit and take orders for the sale of 

liquor rroin any authorized permit holder; 

a(o) Carry samples of liquor In oontainers not 

less than one-hall (l/2) pint. 

*Any person acting as agent or saleman for the 

sale of or for taking or soliciting orders for the 

sale of any liquor irrespective of whether such sale 

is to be mde within or without the State is required 

to procure an agent's permit. It ia not intended that 
Ronorable Bert Ford, Fags 3 

, 

this shall apply to the employee of e permlt 

holder who sells liqucr and who rmains on the 

licensed premises In making such sale.* . 

It wU1 be noted that the holders of wholesaler’s 

pernits are specifically authorized by the above nenticned 

statute to eel1 liquor In original oontainers in which received in this State to retsilers and wholeselers authorized. 

to sell the same and to sell out of the State to qualified 

. However this statute does ‘not speclfloally authorgrt”:z holders oi wholesaler ‘6 permits tb solicit business 

8s la provided by Suboeotion 9 of Section 15, supra, allowing 

the holder of agent’s permits to solicit business. It is apparent that it was the lntentlxi of the Legislature to regulate each phase of the liquor business and require a permit 

for eaoh of the different kinds or types of business as secltied by Section 15, eupra. Therefore, it 1s our opinion that 

holders of wholesaler's permits are not authorized to solicit 

bualness, except upon their ll.ceneed premises, unless.and until they have secured agent’s permits. Your two questions 

quoted above are reepeotfully answered in. the affirmative. 

Trusting that the foregoing rully answers your ingulry, we are 

Yours very truly 

ATTORNZY G-L OF TEXAS 

. 

ATTORNEY GEXERAL 03’ TEXAS