‘198 

1 

.+ OFFlCE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

in 

Bononb& It. 0. Pherr 

couatf Attorney 

l3fJlte Bounty 

cooper, Texas 

d bevo on duty et 

phmwmi ea 

in operation es e pheret tvm(ll) years in the 

t1oa1 subdivision in 

t.ie lobIght.' (6@yl, gee. 

0. 18, P.C.) 

Tour opfnion ie rsquestsd as to the oonatiuotion-of fhs~norde, ' *. . . .must have Ibsen in operation 

as a pharmaop-ior et least two. (2) y~ra....( 

"The.ieots upon whioh thhie mqitest for opinion 

is based em aa Zollovra:. 

wAbcmt $5 year6 ego i&e City BTU& Store, e' 

'pher~aaoy,.nra~ established in the bity of Cooper, 
199 

Honorable Is. 0. Pharr, Page 2 

Z)s1ta County, It was owaed and operated .a8 a 

pharuaoy by the same sah until he sold the 

busimss in January of 1939. On the 9th day 

of Heroh 1959, the City hug Store was levied. 

upon by the tax colleotor of Delta Oounty Sov 

delinquent tares. The store was closed on that 

date by eaid taxcolleotor, On the,22ud day 

of kaharah, lQ39, the City Drug Store, was sold 

at publia auetlon to Delta C.ouaty aud other 

taxiagunits havfug delinquent taxes against 

it, On April 29, 19.959, Delta County and other 

taxing units sold~sald Ulty Drl)rug Store-to an 

Individual purohaser, ivho; on April 90,. 19SQ reopened the store far business. The, store' 

(phapnacy) was .olosed betweeqharoh 9, 1999 

and April 29, 1999, a period of iftty (50).. 

bgl3. The keys were In the haads of the tax 

colleetar 0r Delta county. The. store was not 

In operation during those rifty (SO) days. 

*The City Drug Stare ea auchlas been xegieterea with the State Board of Pharmaay for 

many yeara. It hes been located In Coeper,et 

leaet 55 .yeere. It hao been In operatiaoas a 

phenuaoy all this time with the exception of the 

JO days from PIareh 9, 19SQ to April 29, lQS9. 

Wubseation 10 of Section 15 of the.Texas 

Llauor Contiol Aat states that the pharmar 

must *have beeoin operation as a phaimaoy~~ibr 

at few& two [2) yeers* betore it h 11 1 

z sedi&&pemt to ,dibpens8 1iqUaE ;or ~%O~t 

Tuder the above stateme& ai iacts,'is the 

City hug Store in Cooper entitled to reoeive 

a Eediainal Permit at this time? 

eon April 1, 1940 the owner of said City 

Drug Store made application to the Texas Liquor 

Control Board ror a.uedioinal perait. As eouaty 

attorney or Delta CoGty, it is my privilege to 

oontest thie application under authority Of said 

~quor.Coutrol Aot. 

*I amuuable tom ,rmd any euthoritiee on thie 

question sod am unable to find where your department 
200 

Bonaabla B. k.'Pharr, Page'S 

has ever passed :au thi,s question. 

1% 

~mDeltci-County.has haketofore voted *&ry.* 

$8 OUP vplnlon that we shvuld be alltied tv 

ren&n dry.'. We aannot da 80 rith a liquor drug 

crtoly .in’ oar aounty. We here none et thiktime. 

It 5+ iny opinion that the llqaer lawe~ ehouid be 

aonatrued.svas to aocomplish the vnl'oroement of 

the y?ishvs~vf the people. Under the lo&m regulat$vus whioh'the'. lew~~lmposes on liquor thug 

tbtorbs, they anou&to hothIng,.less. than a package 

e-tore in a wet area. 

"AZ%. ~-606 -.&'P..C; reads a8 foittms: 

~~Vhis eatire ,aot sha&l; ba ;deemed 

an'exeratae oi the pi>lice.p~er.o~~the 

State far'the-proteation.vf the hlf&e, 

health, peaoe, temperahoe, and stiety'of 

the'people of the States, aud..aU. its. 

provisions shall be l$beralij'aoniat~e& 

for the aoooaplisbrent vf that purposv.* 

.'%?a#& years agvwhsn Delta Couhty voted *dry;, 

the Wters vyidsntly believed.that liquor was -detri- 

*Under the present conditions and alruimstances 

It appeamf.:ta me the phrase referred to should be 

.oonstrued~fo~mean that the pharuaey must have been 

In operation as a. pharmaoy~oontia@uely for two years 

next preveding the date of ths appltoatlvn SOT the 

pennit and that the twa year purled should beglu to 

run on the date the store reopened for business on 

April 29, 1999; that the twv year period dll not 

expire until April 29. 1e4LR 

Annotated 

&tie16 666, Seotion lb, ,sub+6otlou 18, Vetnon* 

Texas Penal Code, reads in part as follower 

"(18) Bedlvlnal Permits. Retail Pharsaoists 

shall be entitled to reeeiVe medicinal permits aud 

sell or dispense lfquor rvr rtedioihal purpvsesvnly. 

The holders of suoh pvrmlts are authorized tv purohase liquor frvm holder8 of wholeseler*s permits 
203. 

Hohorable E. 0. Pharr, Page 4 

ia this State, Any pharaaay for whloh a permit 

is sou&$ must be a bona fide pbarmaoy registeped withqthe State 'Board of Phaagaoyz must emgloy 

aiid have::onIduty at all times a registered phamaaist end muat have been iu operation as a pharmacy 

for.et least, tee [2) years'in the particular political sub-division in rihloh a per&t is-sought.'= 

Art$cle 4S42a, Vefnou's Anuotgted~~%xas ciril Statutes, creates.the Tex,ee,Stete Board oi.P&%vmaoy, provides fOF 

the Uoenslng and registration at pharmaoists and regulates 

the preotloe of pharmaay .An this State: 

. 

Sectlon~,'lQ of. Article 4542e, Vernod's Aauoteted 

Texas Cfvll 8tatate8, ,reads as rollowcr: 

mA l pharumoyf-or 'drug store* as us&d in 

this Act KS'&+ store or plaae Wh6F6.drugs-ar 

sukdioinea‘are sold.'or furnished %a any boha 

f~de,manuer:at retail to the oousmer rhevbin. 

~ar.egistere~ phan$aol~st is oonti.ngmely employ- 

*" 

Section 26 oft Artiole 4&42e; Vernon*8 Asnotated 

Texas Gi%il Statutes, reads as follow8r 

*A' yphaxrmc~6&8 as used in this Act, meims 

a person liuensed by the Sta~e'Bctird.of Phariitacy, 

to prepare, oompouad and dispense physioianet 

prescriptions, drlngs end.aedloinea and ~~oieona.~ 

Section 15 of Article 4542a,, Vernon's Annotated 

Texas Civil Statutes, reads as follow8: 

“In all &ores in which a iegistereil pharmacist is continuously employed, and where the provisions or this Aot have been fully complied with, 

there'shall be ~displeyed in a prominent pIacre in 

or on the front oft said stove the word *Pharmacy.** 

seotion 16 or Artlole 4542e, Vernon's Auuotated Texas. 

Clvll Statutes, veads as follows: 

"It shall be unlawful for any person to dieplay i& or on any s$ore or pjaoe of bw+ness the, 

word-'Phalmaoy* 6ither.I.n the English or any foreign 

lan&tige; unless ~there is continuously employed 
HonorabZe E. '(2. Pbarr, Page 5 

therein a registered pharmacist under the provislons 0r this Act.* 

Seotlon 19 of Article 454Sa, Revised Civil Statutes 

of Texas, read8 as rollmr 

Avery person, ilna, or oorpaation deslrfng 

to continue operaflag a retail pharmay or drug 

store in this State, as the mm ie defined herein, 

and every manufacturer OS drugs aud mediainea a8 

defined herein, after the passage or.this bat shall 

procure frfan the Board a permit for each store or' 

taatory to be operated by meklng'wlthln sir (6) 

months applloationto the Board upen a form to be 

furnished by said Board, setting forth under oath 

ownership and location. and the name, with the 

aertirlcate number, or the pharmaoist registered 

In thla State, or physlolan, dentist, reterluar4an 

.or chiropodist who is tc be continuoualy~employed 

by the phermay or drug atore~ or faatgrg, prqvfded 

that the Roard may in its disaretion refuse to fssue 

such permit to such applicant unlese iurtished rfth 

satls2'actOry proof that said applicant %s engaged 

in the business of odtducting a pharmacy, drug 

store, or raotory ior the purpose of manafaoturing 

drugs; provided further that at any time artery the 

issusnae of a permit by the Bard to such applicant, 

the Board may revoke or camel thepermIt when satisfactory proof has been presented to such Board that 

said permit holder Is not conducting a bona fide 

pharmaoy or drug stars. The permit provided for 

herein shall be Issued annually.by the Board upon a 

reaeipt ,or proper application aaoomp pad by a fee of 

Two Dollars ($S); this permit to be isplayed aonspicuously at all t%mes in the store or factory of 

original issue. Every person, rirpl or corporation 

desiring to open a new pharmacy, drug store, or 

factory shall procure the permit before mentioned, 

before commenolng business and the same disaretionalr 

posers may,be used by the Board in passing upon such 

application., Ro more than one store or faotory aLaY 

be operated under one persalt. In case of change or 

pereonuel or registered pharmacists, the J3card shall 

be notlf$ed.or such change within ten (10) daya; Provided~thatthe same pharmaoist*e name shall not 

appear on more than on0 I11 permit.e~ 
203 

Opinion 3% c)-337 or this department holds, among 

OtRer thiqa, tkat a pha~oy is not a bona fide pharmacy 

&so It ia regintered wltb the State Msrd of Phamasy, 

snd unlsaa It has ,_~ ._-..- at all tlmea --. a nglstend phamaiat. 

TRta departzent held on Daosmber 14, 151313, in an 

opinion wrttten by Non. Jar Sharp, Awlstpt Attorney benaral, 

addrasaad to l?oon. Dmt Ford, J&clntitretO%, Texas liquor Ttntml ?%ard AuatLn, Texaa, that In ordar to ba ali&bls ior 

a nediaina!, pan& a ~ba~csoy roust bars bean re(klstered with 

t&o Stats %taC of ?ha~maay for at leoat tw gear8 prior to 

tha riling or its application for 8 wdloinal Raw&it and that 

in order to be a pharmsay it mat &+e had employed and had 

an Outg a registered phammbWt omtinuoua4 far the two 

year pork% prior to ths Z11i.w of the application. 

‘Under the faata skiwd in your latter and Wer the 

above authoaltiaa the City Drug E&GM -8 n@t a "phanaaoy* a# 

tR&t term la deiinod b law during tbs fifty-&&y period bstwaan 

Earah 9, 1939 an& Sgzi 1 ZS, lQB9. 

tharofore respectfully advised that It Ia 

the apir~ke%~%a depaxt&t that the aorm3udoo raa&aU by 

you in your 3attor is w%nantly dormot. 

COMMITTEE