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OFFICE **OF** THE A-ITORNEY GENERAL OF TEXAS AUSTIN

Hon. Bert Ford,Admlnlstrator ?exa8 Liquor ControlEoard AU&in, Texas Gear Sir1

Ymtlon 25. of the Texee Llqu part a8 tollowar

rant door to in direct line

looatlonwould be within three hundred feet of a churoh. It 1s agreed by the applicant and the protestantthat the city where this petit is located he8 a v&lid ordinanoeprohibitlng the looet’,on of a liquor establiehnent within three hundred feet of e churoh.

### X83

Ron. Bert Ford, Fage 2

*I have before ~8 the sworn statwent or **the** County Surveyorot the **Couiit7** uhere said pemit la located,which reads as tollOWB3 **That, I a:IE the County SWveyor for Xiahlta County,and have **aado** a measurementfrom the center of the Bert door of the Salvation Army Citadel locatedat 810 7th Street,Wiohita Falls, Texas, to the Front door of the ymnlsea looated at 702-A Scott Street,Wlohita Falls, Texas, and find it to be Three Hundred and rive-tenth8 (300.2)and, that, thl8 measurement war nads to oonforre

to Section 25(a),krtlole I, of the Texas I.lq’Jor Control iat.* Y!he building,a part ot' wblab la uaad for a ohuroh, has two atorleo. The lower floor hae what 1s deslgdatede8 a west door which opens ircm the retreat directlyinto the chapel. No part of the building ia used for ahuroh purposesexcept the chapel,whloh is on tne lower floor. Tha west **door** nentloned above la the door referredto in the affidavit of the County Surveyor. *The buildingalso has anotherdoor opening from the street,known as the east door, rhioh does not **open** dlreotlyhnto the ohapel, but opens into a hall from whloh the etairs lead **to** the eeoond floor. mere Is also anotherdoor **from** the hall whlah leads into the chapel. ‘!%a

second stcry of the building, it 1s agreed, la not used for ahurch purposes. It 1s also agreed by all ooncernedthat the eaat door la rlthln three hundred feet of the proposed liquor store location. *Doe6 the front door in this easeman the door leading from the atreet dlreatlr into the ohapel, or does ft man the other9on. Bert Ford, rage 3

door which opena into the hall, irk which anotherdoor leeda lhto the chapel? In other worda, is the Admlnlatratorjustified In findingwhich door 1s the main door to the chapel, or doe8 the word (frontdoor' mean any door to the bufldIng?" Article 66d-%fa,Vernon*8iianotated Penal Code read8 aa follows:

*The Coimlaaloners* Court 0r any county ln the territorythereofoutside incorporated oitle8 and torn8 end the governingauthorltiea cf any city or town wlthln the corporate lleltaof any such cltp or tcwn may prohibit the aale of aloohollebeverage8by any dealer where the plaoe of buslnesaof any auoh dealer la within three hundred (300) feet of any church,public schoolor public hospital,the neaaurementato be along the property lines oi the street fronts and from front door to rront door and in dlreat line aorosa interaecMona where they ooour.

**as we**  **oonatrue your**  opinion requestyou **are** prlmarlly interestedin detenmlnlng which door cr **doors** of the preudeea desorlbedconstitutethe *front door* or Front doora* of 8ald premise8 In acoordancewith Section 23(a) of Artiale I of the Texas Liquor ControlAtit.

The question is not without difficultyand we have been unable to rind any casa whioh ccntalnaa deflnitlon of the term Wfront door-. However, we shall lllustrate how the courtshave construedthe term "front"in varloua altuatlone.

*The rront of a lot, 1s very well known to be that art of the same whloh fBeC8 a atraat or aEreeta. It cay frop on one at eet zsl,’ a~tl~a7, front on two. h%at la the **Lent**

aterminableby it8 raolng upon a public street or streeta.* Dee f*olnea va. Dorr, 31 Iowa 89, 93.

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Eon. Part Ford, Pege 4

*Any side or face of a buildllng la the front, although the word is Itore oamonly used to denote the entranoealde.... Packrront, rear-front,or four fronts of a house em all terms in comon use - and there la no reasonwhy a building shouldnot *front* on two, three or four streets,or that two, three or four streets shouldnot be 'in front thereof'1all such streetswould, I think, Voonfront.*

the building." Re Dianlok, 3 Cnt 1 111061 - Note 4(a) 27 Corpus Jurla, **page** 910. 'The *frontproperty line',wlthln the restrlatlonof **deed6** of propertyplatted into lots that no building shallbe erected wlthih 20 feet of the front proparty line of any street, includes,in the case of a corner lot, the line **of** the street on which is the aide of the lot, es well es the line of the street on which the lot faoe8.e 9catera vs. Collins (R. J. Ch.) 70 Atl. 984, citing Des Yolnes vs. Dorr, 31 Iowa, aa, 93.
Xe think the term "frontdoor" should be aon- .atrued ao aa to give effect to the languagewed in Seotlon 25 (a) of Article 2 of the Texas liquor ControlAct and ao aa to give effect to the evident intentionof the Legislaturein the passage of the aot. In aooordance with auoh oonstruotion we think it was the intention of the Iaglalatve to allow the governingauthorityof oitlea, towns a%d countleathe right to prohibit the sale of alcoholicbeveragesby any deele- -&ore the plaae of buelneas of such dealer was nlhlh the prohibiteddistance frar. a church,public schoolor hospital,using the basis of rueeaurement

outlined by tte statute. vie think the term "frontdoor" es uaed in said atetutemane any outside entrhnoedoor facing or fronting a public street. Therefore**a** church, aohool,hospital or liquor dealer*8 place of bualnese could have one or kore "front doora*', dependentupon the facts in the case. :.7e think there shculd be at least 300 feet between tha

### 286

Hon. Hert ?ord, Page S

*rrfm door’*

or any 0r the 'rront doors" of suoh places, using the sy8t.m of Eeamremcnt outlined by the statute.

Viith rererenoe to the faete stated in your letterWe are of the opinion that the Vert door of the ahapel”, a8 reterred to in your letter, is the *'front **door ”**  **or** said ohepel.

You tiate in your letter that the building i8 a two-story building a&I that no part or the buildiig ir wed for churchpurpose8 exoept the ohapelwhich i8 on the ~ouor rloor. You a180 rtate that.th b ildi ifooro~~nnino

rrcm the 8treet known ai tubenc% ha8 another dooF. whioh 2088 not open dfreatly into the chapel, but open8 into n hall from which the &air8 lead to the seaond rloor. There ir also anotherdoor whioh lead8 from the hall into the chapel. 38 think that the sea& dooP de8oribed In your letter 16 not a Cart of the chapel end ib l?ot% *front door" or the chapel. Ke think that the lnr.erdoor leading lrcm the hall into the ohepel 18 not a Front door" of the chapel beoauee the oame la not an outside door racing the 8tre.t. Very truly your8 ATTamY GEmm. OF TImis



## Wm. J. FarmIng dsUf 8tCUlt