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OFFICEOFTHE

Romrable Bert Ford, TexasLiquor Control Aus tin, Texas DearSir: ATTORNEYGENERALOFTEXAS AUSTIN \ f!P

/Jl ” Administrator J ,“L?

Board Opini

Re: >

opinion of this de ln stated

busihess?" Aof 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 Orteke orders for, or for the purpose of,P. gonorablo Bert Ford, Page 2

sale to bottle, reotlty, blend, treat, fortify, Bluror possess any liquor in anywetarea 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 andwholesalers 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 andvinous liquors from breweries, wineries, rectfryers, andwine manufacturers and bottlers and purchase from other nholasalera within the state; (b) Sell samaIn 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 9of Seotion 15, Article 66645, aupra, provides; *Agent' 8Permit. AnAgent's Permit shall authorize the holder thereof to: *(a) Represent any person whoIs authorized to sell liquor other than a retailer; w(b) Solicit and take orders for the sale of liquor rroinany authorized permit holder; a(o) Carry samples of liquor In oontainers not less than one-hall (l/2) pint. *Anyperson 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 anagent's permit. It ia not intended thatRonorable Bert Ford, Fags 3 ,

this shall apply to the employee of e permlt holder whosells liqucr andwhormains 

### onthe licensed premises Inmaking 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 andwholeselers authorized. to sell the sameand 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 9of Section 15, supra, allowing the holder of agent’s permits to solicit business. It is apparent that it wasthe lntentlxi of the Legislature to regulate each phase of the liquor business andrequire a permit for eaoh of the different kinds or types of business assecltied by Section 15, eupra. Therefore, it 1s our opinion that holders of wholesaler's permits are not authorized to solicit bualness, except upontheir 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 OFTEXAS

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ATTORNEY

GEXERAL

03’TEXAS