### HonorableBertFord,



### TexasLiquorControl Austin,Texas
Dear Sir: 

### hhninistrator Board
OpinionHo. O-7133

We: Wtisther

### ornot aminor may own aminority of stook in a oorporatlon applying for a permit under the Texas Liquor Control Act.
E‘sheve recei9ed your letter of March 4, 

### 1946, 

### where inyou request an opinion of this %partment as to "whether or not aminor can own aminority interest in a corporation." ylio understand the corporation in question tobe a corporation applying for a Package store Permit under the Texas Liquor Control Act and the minority 

### interest of aminor orminors tobe ownership of corporate stock in the amount of leas than fifty per cent (50$) of 011 of the corporate stock. tiea8aume thatminors are not or ahall not be incorporators in the corporation in question or a corporation tobe formed, since minors are inoapabls Of being 1nCOrpOratOrS. a88 Shaw V. Ido&illlan (T8XarkaniSCCA) 

### 24 S.K'.(26) 536.
Article 666, Section 18, Vernon's hnotated Penal 

### Code ofTexas, relating to permita under the Texas Liquor Control Act to corporations, provides, "no permit shall be islauedto a corporaton unI8SS th8 sameb8 Incorporated under the laWa Of the State and unless at leaat fifty-one per cent (sl$) of the stock of the 

### corporationla owned at all times by citizens who have resided within the State for a period of three yeare and who possess the quaIificntiona required Of Other appIioant8 for permits. . . ." Tnis statute only requires thnt fifty-one per cent (51%) of the stock of a corporation be owned at all times by citiaen8 of three years Texas residenae who fuIf1I.Ithe quaIificationa of applicant.8 for pernits under the Texas Liquor Control hct. It follows, therefore, that forty-nine per cent (40%) of the stock of thb oorporation may b8 owned by non-residents or persons not qualified as apolioants. Suoh persona include minors not qualifying as apolloants under ArtiCl8 666, &ctlon 11,Vernon's Annotated 

### Penal &he of 

### Tex,aa.Hon. Bert Ford, page 2, o-7133



### Pmthermore, Article 666, Section 11, 

### Vert:onts ¬ated renal of 

### Texas, state8 that "The board or Administrator anal1 refuse code to lsaue a permit to any eppliaant either with or without 

### Ehearing if ithas reasonable grounds tobelieve and find8 any of the following tobe truej . l . (5) . . . l or ego." or thathe is under twenty-one (2l)years

zbe term applicant es used 

### inSUbS8OtiOns (1 to 8) of Section ll,.supre, IQ defined in Subsection 9 

### of GBC. 11, supre, to '"Meanand include each member of a partnership 

### or as~oclation and ,811 officers and the owner 

### or owners of the

### majorityof the Qtook 

### of acorooratlonIA (Emphasis ours) Therefore, when e corporation is an applicant for A ~permit,by definition all officers end the owner 

### or ownera of the majority of the stook of the corporation ere ar,,plicants therounder. Thus, minority QtOCkhOld8rQ are 

### not applicants for a pernft whena oorporation ap-:lfesfor 8ame.

You are theFeforQ advised that aminor orminors mey own not more than 49% of the 8tOOk of a cor:>Oretionapplying POP a pemit under the Texas Liquor Control Act, if said 

### minorewe not OffiOer8 

### in said corporation,,witnout prejudice to the rights of the corporation etaapplicant for a permit.
Very truly yours,
XTTORXEY OEN~dFALOF ~TLjiAS
By a/ jtewert K. DaVore

Stewart Vi.DeVo8*,

Asaletant

S%D:rt

Letter 

### fromJ. Manuel koppsnstein of 2/27/i&, enclosed

A!'PR3VED:0pinion Committee By B'SS,Chairmen