1973 Texas Attorney General Reports and Opinions 1 (1973)

handle is hein.sag/sagtx0003 and id is 1 raw text is: TEuim ATroRixvNE'Y (GENER 1fAL

January 18, 1973
Hon. 0. N. Humphreys, Jr.          Opinion No. H-1
Administrator, Texas
Alcoholic Beverage Commission      Re: Whether the provisions
Sam Houston State Office Bldg.          of Article 666-17(2)
Austin, Texas 78711                     (a), Vernon's Penal
Code, apply only to
Package Stores that
were in existence
prior to its effective
Dear Mr. Humphreys:                     date?
Article 666-17(2)(a), Vernon's Penal Code, as amended
in 1951, provides:
Where a majority of the ownership in
each of more than one (1) legal entity, holding
Package Store Permits under this Act, is
owned by one (1) person, or by persons related
within the first degree of consanguinity, the
businesses thereof may be consolidated under
one (1) legal entity and the permits shall be
issued to such entity notwithstanding any
other provision of this Act and further pro-
vided that after such consolidation it shall
be illegal to transfer any of such permits
to any other county.
Your request for an opinion asks whether this provision
applies only to those Package Store Permits that were in exis-
tence on its effective date.
You advise that the Texas Alcoholic Beverage Commission
has permitted consolidation since the effective date of the
original enactment of the provision in 1949.
Except for the use of is owned instead of shall be
owned or some similar language, we see nothing in the
statute to indicate an intention that it be limited to those
Package Store Permits In effect at the date of its enactment.
- 6334-
(.1)

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