Untitled Texas Attorney General Opinion ( 1969 )

EATTOENEY GENERAL AUSTIN. TEXAS %‘@+?I September 25, 1969 Honorable 0. N. Humphreys, Jr. Administrator Texas Liquor Control Board Sam Houston State Office Building Capitol Station Austin, Texas 78711 Opinion No. M-479 RE: Whether changes of the individual respon- sible for management of the premises under a Re- tail Dealer's On-Premise License or wine and beer Retailer's permit must be reflected upon the face of the license or permit prior to renewal date, Dear Mr. Humphreys: and related question? You request the opinion of this office as to whether a change in the individual natural person designated to be primarily responsible for the management of the premises under a Retail Dealer's On-Premise License or Wine and Beer Retailer's Permit must be reflected upon the face of the license or permit prior to its renewal date. In the event such a change is required prior to renew- al, you also ask whether the license or permit should be amended, corrected, or supplemented, or whether an original application must be filed. The Texas Liquor Control Act, Article 667-5, Vernon's Ann. P.C. (as added by Chapter 38,,page 99, Section 17A, Acts of the 61st Legislature, Regular Session, 1969) requires the following: "Section SC. Every Retail Dealer's On-Premise License and Wine and Beer Retailer's Permit shall contain the name of the individual natural person holding - 2387- . 1 Hon. 0. N. Humphreys, Jr., page 2, (M- 479 ) ntiens'eor uermit: or, if the holder 'not be an individual natural.person, the designated natural person named therein. Such photograph shall be not more than two years old and shall be furnished by the licensee or permittee. The Board is hereby vested with the power to pre- scribe the size and nature of such photograph, the manner of furnishing same, and the method of affixing such photograph to the license or permit." (Emphasis added). It is the opinion of this office that the language used in Section SC specifying that every license or permit contain the name and photograph of "the individual partner, officer, trustee or receiver who is primarily responsible for the management of the premises" imposes a continuing requirement. Therefore, any change in the designated individualsnatural person must be reflected on the face of the license or permit. In answer to your second question, the Texas Liquor Control Board's authority to make such a change is provided by Article 666-15d, Vernon's Penal Code, Texas Liquor Control Act, the relevant parts of which provide that ". . . in case it is necessary to make any change in any . . . permit the Board is authorized to issue a , . . corrected permit." The Act does not require an original application or re- newal whenever a different partner, officer, trustee, or re- ceiver is designated as the person primarily responsible for the management of the premises. Unlike the holder of a per- mit or license who is an individual natural person, a change by the entity of the person so designated does not involve a change of the license or permit holder. Section SD and 5E apply only to "original" appliCatiO$¶S. Therefore the fingerprinting and investigation provisions of Section 5D and the hearing provisions of Section 5E are not applicable to an individual natural person designated by an entity as primarily responsible for the management of the premises in the existing license or permit subsequent to its original application. - 2388 - . . Hon. 0. N. Humphreys, Jr., page 3, (M- 479 ) However the Texas Liquor Control Board may refuse to renew the annual license or permit if such designated in- dividual natural person has been finally convicted of certain offenses during the three years next preceding the filing of such renewal. Section 5F,(b) and (c), provides that: "(b) The Texas Liquor Control Board,shall refuse to issue any renewal of a Retail Dealer's On-Premise License or a Wine and Beer Retailer's Permit if it finds that the individual applicant, or the spouse of such applicant, has at any time during the three years next preceding the filing of application for such renewal been finally con- victed of a felony, or any of the offenses list- ed in Subsection (a) of this Section, or if it finds that three years has not elapsed since the termination of any sentence, parole or probation served by the applicant, or the spouse of such applicant, as the result of a felony prosecution, or prosecution for any type of offense named in Subsection (a) of this Section. "(c) The word 'applicant' as used in this Section shall mean the individual natural person, if any, holding or applying for such license or permit; or, if the holder or applicant not be an individual natural person, the individual partner, officer, trustee or receiver who is primarily xe- sponsible for the management of the premises." The offenses listed in Subsection (a) are the following: ”(1) prostitution: ”(2) vagrancy convictions involving moral turpitude; "(3) bookmaking; "(4) gambling (gaming); "(5) any offense involving narcotics or other dangerous drugs; "(6) violations of the Texas~Liquor Con- trol Act resulting in the cancella- tion of a license or permit, or a fine of not less than Five Hundred Dollars ($500); m (7) more than three violations of the Texas Liquor Control Act relating to minors; ' (8) bootlegging; -2389- Hon. 0. N. Humphreys, Jr., page 4, (M- 479 ) "(9) violation of penal law involving fire- arms or other deadly weapons or if he finds that three years has not elapsed since the termination of any sentence, parole or probation served by the appli- cant, or the spouse of such applicant, as the result of a felony prosecution, or prosecution for any type of offense named herein." SUMMARY When a change is made of the individual natural person designated to be primarily responsible for the management of the premises of a Retail Dealer's On- Premise License or Wine and Beer Retailer's Permit prior to its renewal date, such change must be re- flected on the License or Permit by showing on its face the individual's name and photograph. Such a change by the existing license or permit holder must be effected by a corrected license or permit. Ver ruly yours, # C. MARTIN General of Texas Prepared by Charles T. Rose Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman -2390- Hon. 0. N. Humphreys, Jr., page 5, (M- 479 ) Bill Carbusier Michael Stork David Longoria Jay Floyd MEADE F. GRIFFIN Staff Legal Assistant HAWTHORNE PHILLIPS Executive Assistant NOLA WHITE First Assistant - 2391-