Honorable Bert Ford, Administrator 

Texas Liquor Control Hoard 

Austin, Texas 

Dear Sir: Opinion Ho. O-2668 

Re: Authority under Texas. Liquor 

Control Act to issue .medicinal 

pharmacy permit to a pharmacy 

which failed to secure renewal 

of its pharmacy permit until 

approximately two months after 

expiration of original permit. 

This will acknowledge receipt of your letter 

of August 20, 1940, requesting an opinion from this department. It appears from the facts.stated in your letter that 

the State Board of ~Pharmacy issued a pharmticy permit to the 

Gentry Drug Company, which permit expired of its own terms 

on May 31, 1940.; For some reason the Gentry Drug Company 

did not seek the renewal of this permit until July 25, 

1940, approximately two months after the date of the expiration of the original permit. At this time the full 

year's permit fee of $2.00 was pald,.and the State Board 

of Pharmacy issued a new permit purporting to be for the 

year beginning June 1 and ending May 31, l#l. 

,Upon this statement of facts, you ask whether 

the drug store in 

1 

uestion is entitled,to receive a medicinal 

pharmacy permit un er the provisions of the Texas Liquor Control Act. 

Article 666, Section 15, Subsection 18, Vernon's 

Penal Code, reads as follows: 

"Medical Permits. Retail Pharmacists' 

shall be entitled to receive medical permits 

and sell or dispense liquor for medical purposes only, The holders of such permits are 

authorized to purchase liquor from holders of 

wholesaler's permits in this state. Any 

pharmacy for which a permit is sought must be 
. - 

Honorable Bert' Ford, page 2 

a bona fjde ~pha$macy registered with the 

State Board of Pharmacy; must employ and 

have on duty at all times a registered 

pharmacist and must have been in operation 

as a pharmacy for at least two years In the 

particular political subdivision in which 

a permit is sought." 

When the statute speaks of an operation as @ p,harmacy for at least two years, it is clear that in leg* ative 

contemplation a legal rather than an unlawful operatio ,A for 

that period of time is contemplated, 'And, as herd in our 

Opinion No. O-2244; the statute contemplates that the operation 

aa a pharmscy' @hall be for at least two years next preceding 

the date on wh$ch the permit is sought. 

Section 17 of Article 4542a, Revised Civil Statutes 

of Texas, requires that every person, firm or ,corporation desiring to operate a retail pharmacy or drug store in this 

state, and every manufactur@r of drugs and medicine, shall 

procure'from the State Board of Pharmacy a permit for each 

store to be operated, such permit to be Issued annually by 

the Board upon a receipt of proper application accompanied by 

a fee of $2.00. 

i Under the facts stated, the drug store in question 

was operatircg:l'fdr almost two months in v elation of the provisions of Section 17 of Article 4542a,, A evlsed Civil Statutes of Texas, inthat the original permit had expires and 

no renewal permit was issued until almost two months after 

the expiration.' of the original permit. During this 'period. 

of time, the operation of the Gentry Drug Store was not a 

lawful one. While~'it is true that the State Board of Pharmacy, in issuingthe renewal permit onJuly 25,,sought to 

make it effective as of'June 1, preceding, in so,doing the 

State Board of Pharmacy exceeded108 authority under the law. 

The authority to operate a business afforded by a license 

dates from the issuance or delivery of the lib&se or permit. 

In the absence of statutory authority therefor, authorities 

charged with the duty of issuing licenses for the operation 

of certain businesses or professions have no authorit to 

make them retroactive in effect. 37 Corpus Juris p.2 t 4. We 

find no such statutory authority conferred upon the Texas 

Board of Pharmacy by the provisions of the Act in question. 

For the reasons above,stated, you are advised that 

the Gentry Drug Store is not eligible under the provisions of 
Honorable Bert Ford, page 3 

Article 666, Section 15, Subsection 18, to receive a medicinal 

pharmacy permit. 

Yours very truly 

ATTORNEYGENERAL. OF TEXAS 

By s/ R.,W Fairchild 

Rich&d W. Falrchild 

Assistant 

APPROVED Aug. 31, 1940 

Grover Sellers 

First Assistant 

Attorney General 

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