The Birmingham age-herald., 1911-07-19
OUTSIDE BREWERS
 MUST PAY LICENSE Attorney General Brickell
 Advises-Must Publish Notice of Saloons

Montgomery. July 1s.-(special)-In all counties where agencies are established in the state by breweries outside the state the regular license of s1500 per year must be paid to the probate Judges, according to an opinion handed down by Attorney General Robert c. Brickell. The opinion was addressed to Secretary of State Cy- rus B. Brown, who wanted to know to whom the licenses should be paid.
 In another section of the opinion the attorney general holds that applications be submitted to the various excise com missions only after two weeks notice has been given.
 The opinion follows:
 July IS, 1911 Hon. Cyrus B. Brown, Secretary of State Capitol.
 Dear Sir: Your letter of the 18th inst, in which you ask as to advise you upon certain questions in reference to my con struction of sections F and IA of the act of the legislature approved April 6, 1911. known as the Smith bill, received.
 Your first question deals with the pay ment of a license by the agency of a brewery of another state doing business
 
 this license should be paid, whether to you. as secretary of state, or to whom.
 Section 12 of the Smith bill pro- vides: The following license taxes shall be paid: Every agency of a brewery of another state doing business in this state shall pay an annual It. cense tax of $500, and any person, whether retail dealer of not selling the goods or product of any brewery of another state shall be decreed and held an agent thereof unless such brewery shall have an established agency in this state. All license taxes shall be paid to the probate judge before the license certificate, which shall be evidence of the granting of the license, is issued. The certificate shall con- tain a receipt for said license fec
 From these provisions of the act, it Is clear that the license tax therein imposed upon the agency of a brewery of another state doing bushes in this state should be paid to the probate judge of the county in which it is pro- posed to establish each agency
 Your second question calls for con struction of section IA of said act. deal ing with the notice of an application for license to the excise commission, provided for by said act.
 "The provision of said section Is, That no application for a license shall be considered by the commission < un!ess at the time of the application or within three days thereafter, mo- tice of such application shall have been printed in a newspaper of general cir culation in the cty within which the license expects to do business, for two successive weeks before said applica- tion is heard. It is clear from the lan- guage of the act that the application cannot be heard and determined by the commission until the notice has been given for two successive weeks, as ahove provided. The words of the stat ute. and unless at the time of the application or within three days there after, notice of such application shall have been printed contemplate that the notice must have been completed at the time of the application, or that if notice has not been given prior to the application it must be given with in three days after such application has been filed. Yours truly,
 ROBERT c. BRICKELL,
 "Attorneyl General