THEATTORNEY GENERAL 

OF-TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

ma. John Lairhcn opinioa RO. v-885 

Tess8 Liquor Control Board Rer Authority of the Texas 

Austini Texas Liqpor eontl-01 Board to 

refire a~boer lioe~e 

application vhioh appear8 from it8 raae to 

have beea heam% at a 

date 1088 than ftive day8 

rmr the filing of laid 

aH&avit by the County 

. 

YOU! X'OqUO8t fOiT - OpYhiOn pXW8ORt8 th0 fOllOWiilg 

qTAO8tiOM t 

1. Ray the county judge of a oount7 set for 

hearing an appl.taation of a p~8on rppl~i~g for a 

be82 license at a arts 1~8 than five clay8 from 

the date of filing OS said application? 

2. If the application on it8 face shove 

that the ootmtg judge oertlf'led the applioation 

upon a hearing 8et fira day8 or 1088 fronl the 

date of the filing of the appllaotion, is the Texas 

LIQu(pr CoatrOl bad authOPi8ed to IWtfU80 8uoh applieation? 

Artlale 667-6(e), Veznch~s Penal Cods, pPOViae8S 

9he rppllaation of any person desiring to 

be liaered to mamfa&xam3, dirbribute, or 8ell 

bear 8hs11be ?lled ti dtlpllOate wlth the OOPnty 

judge, Vhc 8h811 8Ot 8U for a heariry at L date 

mot 1088 than five (5) nor more than ten (10) Ia78 

from the filing of 8atW." 
- -- 

Hon. John Lawhon, page 2, (V&8&%) 

APP. 

In an8wer to que8tion No. 2, Seotion 6(o) of Artlole 

667, provides: 

Artiole 667-6(b), Veron~s Penal Code, provider: 

?Jpon the filing of sny appliaation for 

a lloense, the oounty olerk shall give notloe 

thereof by posting at the court houcre door a 

written notioe of the filing of such petition, 

and the substance thereof, and the date of 

hearing upon auoh petition. Any oititen ahall 

be permitted to conte8t the facts stated in aaia 

petition and the applioant~s right to seoure 

lloen8e upon giving secllr1tg for all 008ts whiah 

may be inaurred in suoh oonteet should the ease 

be decided in favor of the applioanti pmviaea, 

however, no offlam of a oountg or any inoarporatea city or town ahall be required to give bona 

for suoh ooata." 

The obvious purpose of the above requirement 18 to 

give to the publio the right to OOnte8t the llOen8lng of persona applying for the privilege of manufacturing, cliatributing, 

or selling beer. The stetutory languege Is mandatory that the 

county judge shall eet the issue for hearing at a aate not leaa 

than five aaga from filing, This i8 a right oonferred upon the 

pub110 and as suah cannot be waived by the county judge, Burthermore, the rule of statutory 

is that where 8 statute 18 

same must be regarded a8 

"If upon hearing upon the petition of any 

applloant for a lloen8e the oountg judge find8 

the faot8 8tated therein to be true end ha8 not 

other lawful rea8on for denying the applloetlnn, 

he 8hall enter an order 80 oertlfylng, and a copy 

of said order shall be delfverea to the applioant; applloant shall thereupon preeent the 8ame 

to the a88e88Or and OOlleOtOr Of taxes Of the 

oounty wherein the applioation is made and 8hall 

pay to the a88b88or and oolleotor of taxes the 

fee speolflea in this Article for the olasa of 

license applied for; the aaeeaaor and collector 

of taxes shall thereupon report to the Texas 

Liquor Control Board upo&bs: form:.$&aoribea by 
Hon. John Lswhon, page 3 (V-8&) 

salba Board cerUfyiag that the appliobation for 

lieenae has been approved and all required fees 

paid, and swh athe~ Znformation a8 may be requ3md by the Bosrd, ' end to suoh oe&ifioate 

shall be attached a copy of the or4gIual application for lieemmo Upon recssfrbg such report 

or sertifica%fon from th6 a8aemor aasd collector 

of taxes, ft shall be the duty of the Board or 

Adm5ni~trator to Isrue the llmm8e amordLnglyp 

fJ1 it ir fouud tkmt the applioanb; is mitba to 

a lfoen6ep which 1Uenee She11 show the class of 

business the applIoant i.s authorfmd to oouduot, 

amount of fee8 pea, a&e, oormat tidress of the 

place of buutiess, snb &&te of e;+piration, and 

sucsh other inforanertfon aI the Board shall deem 

detez7ucki0a that any sfMxm0nt 00duea In the applieation therefor 1~4 false* untrue or mi2WmdIu4z~ -. 

~efupa of any Ifoemm lee palid to the ccum%y a8ma8or 

and 0olLocto~ of tues a% %he tlubs of filing his applfeatlon." (%~is uAa0a.) 

lh the east3 of 

172 3,~. 213 778 (TAX* ~2% 

s%a%u%ory procedaupe for ob%afnWg a beer Eicen88 ooau%empla%ed 

an app%%aation %o %he coun%y judge a~~3 upon his approval 0% the 

saae the appliasnt then SWS% apply to the Texas Liquor ContaPsb 

Boarad The Court declared tha% the Boaz~d had %he, powap and 

auty to cIe%erminae $0~ itbself whe%he~p 0~0 nut the permit or Ifcenae shouM be gran%ed. I% was spe~PiYo@il%y explained that 

%he fsmle a8t023md by %he oouL?I%y jUdg5 w&M Wb0w0P OF QOa; 

the applicant be aeeordad &he privilege of apply&g to the 

Board. 

IQ the Ught of the abovs au%h&f%y, i% nerressax4%g 

fOlxOW8 tha% the par% of the applIca%.lton prooeaure dialing 

with %ha hearing before the aounty judge is designed solely 

to govern that heapIng and has no applZcx&tion to later detertiwtion by the Boarda The Board ac%s hdepenCl0ntPy 0% the 

county juage ati no% aa a reviewing autharfty. 1% must review the proceedings before the 6~un%y jucige to asaer%aIn 

that the ~equiee%e qualU!Iea%ionsl ~~18%~ bu% mot to determjrne 

whether %he county judge acted erromously, The Issue before 
Hon. John LswhonL page 4 W3% 1 

applicant should be lioenaed, not 

erroneously oohcluded that he 8hjga . . . 

the Board fs whether the 

whether the county judge 

be licensed. However* the atatutorg proceaurs requuos tnat 

the county judge properly perform his dUtie8, and give to the 

public proper notice, Where the county judge fails in thir 

respect, the proceedings before him are In effect a nullity 

and the Liquor Control Board is without authority to OoMider 

the application in the same manner as If no hearlng,had been 

held before the county 

Article 667-6(a), V,P.Co, makes it mandatory 

that a eoun%y judge se% fop hearing the application 

for a beer license at a a&t0 not 1e88 th6n five (5) 

days from the filing of said appl.ioationl A hearing held by the aounty judge al; a date pPior to the 

expfration of five days from the date of the filing 

is a nullit and the Texas Liquor Control Board 18 

without authorfty to consider the applloatlon in the 

same manner as if no application had been heard by 

the county judge. Article 667-6(o), V.P.C.; Texas 

Liquor Control Board v* Abogado, 172 S.W. 26 778 

(Tex. Clv. App. 1943). 

JHR/r% 

ATTORNEY GENERAL