to establiih itself in the almbolic beverageindustryin this state. (g) To accemmodatethe interestsof the mnmmtag public, the expamion of popular nationwidebusineasea,aad the increasing state interest la tonrism, andatthesametimetoguardagainstthethreatsoforganizedcrime,unfair mmpctition,and deueased opp~rtunitieafor small busi-, the legislahue lid that there is no longer neat for the Wee-yearresidencyrequirementswith regard to those segmentsof the industry that sell alcoholic beveragesto the ultimateconsumeronly. The legislaturefinds that it is d&able to retain a one- year residency requiremat for businessesthat sell to the cemumer padrasad liquor and fort&d wine capableof being usedte supplylegal or illegal bars and clnhs. The legislaturealso tinds it reasoaable,desirable,aad in the best intmsts uf the state to providea one-yearreatdeneyrequirementfor basiaessesengagedin the wholesaledisnibutionof beer, malt liquor,or wine or in the manw%cture and distributionof distilled spirits and fordtied wines at both the wholesaleaad the retail levels where those beverages,in unopenedmntainers, are sold to mixed beveragepcrmitteeaand private club regisuation pcmttttees as well as to the general poblic. Adequatepmtection is deemedto be providedby mntmlling these sourcesof supplyfor distilledspiritsand fortifiedwina.
p. 1944 Mr. Doyne Bailey - Page 8 (DM-361)
whether the burden on interstate commerce clearly exceeds the local benefits.8 See id. at 553.
Ah of the issues involved in a court's analysis of the constitutionality of the one- year residency requirement in the Alcoholic Beverage Code involve the resolution of fact questions. The resolution of fact-based questions is inappropriate to the opinion process. E.g., Attorney General Opinions DM-98 (1992) at 3; H-56 (1973) at 3; M-187 (1968) at 3; O-291 1 (1940) at 2.
SUMMARY
All of the issues involved in a court% analysis of the constitutionality of the Alcoholic Beverage Code's one-year residency requirement involve the resolution of fact questions.
DAN MORALES Attorney General of Texas
JORGE VEGA Fii Assistant Attorney General
SARAH J. SHIRLEY chair, opiion committee
Prepared by Kymberly K. Oltrogge Assistant Attorney General
8A mart atso might considerwhetherthe statuteviolatesthe Privilegesaad ImmunitiesClause, U.S.Gxst. an. IV, 8 2. Seesupro note 5.
p. 1945