EXAS 

July 18, 1969 Webably evermloii bn 

Honorable 0. N. Humphreys, Jr. 

Administrator 

Texas Liquor Control Board 

sem Houston state Offloe Wllldlng 

Capitol Statloti 

Austin, Texas 78701 Opinion No. 435 

RE: Questiona conoernlng the deSlnition of “prealee” within the 

meaning OS the 

,Texae Liquor Control Aot a8 amended by Aats OS the 

6lst Legislature, 

R8 

r 

lar Se8aion, 

19 9, and related 

Dear Mr. Humphreya: queationa. 

This is in relrponre to your letter OS July 

10, 1969, in whioh you inquire as followa: 

1, @estlon No. 1. Under the provisions OS Senate Bill 27 and House 

Bill 1440 may an applloa& for a 

Package Store Permit designate, and 

map the Board or Administrator approve, ae the lloenred remleee, an 

area within a building P other than 

a hotel ae deiined In the mxar 

Liquor Control Aot) leas than the 

entire building? 

“Queet;on’ N;. 2. If, in any OS 

the exams en a ave. the PaokaRie 

store opkation la-oompl&ely-walled o?S from the rest of the bulld- 

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Hon. 0. N. Humphreya, Jr., paso 2, (M-435) 

lng and 1s aooeselble only by a door 

or doors opening onto a publlo street, 

sidewalk, or other publla way, and 

having a street addrese designation 

different frcm the remainder of the 

building, could the package store then 

be aoneldered a separate *building’ 

In substantial canplianoe with the 

meaning of ‘building’ In Seotlon 

3-a(7), Artlole I, Texas Liquor 

Control Aot? 

“Question No. 3. If the answer 

to Question No. 2 Is ‘yes,’ would the 

statue be ohanged by allowing, for 

Sire proteotion, an exit door oonstruoted no that It oan be opened 

only SraP Inside the lloensed prem-' 

Ire8 and to be ueed for emergemy 

purpose6 only, opening Into another 

building under the came roof?‘) 

Your Inquiry ariaen from the passage o? Senate 

Bill 2’7, Aots 61st Leg., R.S. 1969, oh. 38, p. 80 and 

House Bill 1440, A&e 61at Leg., R. S. 1969, ah. 

P. After giving effect to, the,ee two .b,llls. 

Sec.ArtIole I, Texas Liquor Control Aots reads 

in pertinent part aa follows: 

* $+r% applicant for a Pa&age 

Store rermlt or a renewal thereof 

rhall have authority to designate aa 

tpremlse’ and the Board or Administrator 

shall not approve a lesser area than 

that epeaIfloallg defined as ‘premlae’ 

In Section 3-a (7) of Article I of the 

Texas Llquoy Control Aot as enaoted by 

the 44th Legislature, 2nd Called Seaalon, 1935, ae amended. Every permlttee shall have and maintain exoluaive 

oooupanoy and control OS the entire llcensed premises In every phase of the 

storage, distribution, poeeesalon, and 

transportation and aale of all alaoholic beverages purohased, atored or 

sold on the lloen~$i&remlses.* * *I’ 
Ron. 0. N. Humphreys, Jr., Page 3, (M-b351 

Article 3-a (7) of the Texas Liquor Control 

Act will remain unahanged after the application of 

the two bills and continues to read as follows: 

"~Premlse' shall mean the grounds 

as well as all the buildings, vehicles, 

and appurtenances pertaining thereto, and shall also Include any adjacent premises, If directly or lndirectly under the control of the 

ssme peraon; provided, however, that 

subjeat to the approval of the Board 

or Administrator, an Applloant may 

designate a portlon of the grounds, 

building, vehloles, or appurtenanoer 

which shall not be a part of the 

Lloenaed Premlae." 

It Is the. oplnlon of thla of?108 that following the eSfeatIve date of 5. B. 27, Acts 6lst Leg., 

R.S. 1969, ch. 38, pa @l and Ii. B. 1440, Acts 61st 

Leg., R.S. 1969, ch. P* that an appllcant for a Package Sto~rmlt~eslgnate and 

the Board or Administrator may approve as the licensed 

premlae an area within a building leas than the entire 

building. 

In view of the answer to the first question 

It Is not neoessary to answer the last two questions. 

SUMMARY 

Senate Bill 27, Acts 61st Leg., R.S. 

1969, eh, 38, p. 80 and House Bill 1440, 

Acta, 61st Legs, R. S. 1969, ch., 

make no than 

%sEZi%f Section 7 

es 

3-a 7), 

in the proArt1010 I, 

Texas Liquor Control Act, ooncernfng 

the Issuanoe of permits for an area 

less than~an entire building, nor the 

application thereof. 

l!o&2 very truly, 
Hon. 0. N. Iiumphreys, Jr., P4P 4, (M-hS) 

Prepared by Howard M. Fender 

Assistant Attorney aeneral 

APPROVED: 

OPINION coMMI!FmE: 

Kerns Taylor, Chalman 

George Kelton, Vlae-Chalmfin 

John Reeves 

Harold Kenrmdy 

Bennle Bock 

Houghton Brownlee 

Hawthorne Phillips 

Exeoutive Assistant 

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