Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Sum 8, lQS9
Bon. J. C. voyle6
tiBiBt#Ult county Attorney
Jerrerson county
l%s8lxont,Peras
Paar Sir:
a on tha.qusetlon
wired by this
l-01Aot g,iTas
ntorake Blpoh
19251, and rurther, that atid 6pplhion
rrould hare %!j be aeaompanied by a csrtffioste
rr0it3
the cotity cm-k to the effeat th&t
said applicant had emuplied wfth the tenn~
Hon. J. C. Voylee, Juhe 8, 19S9, R8.@ 2
of the assumed name law.
wObjeotion has bean made by 80180 appli-
cants for licenses to the payment or the
additional $O.Stl for a oertlriaete from the
County Clerk made nsoesaery by rea8on of' the
ruling on the part of the iLdministrator -
rererred to. thlT qIl86ttiOtl
to you ia, ShOu
9l d'
the County Clerk issue the oertltioate demand-
ed by the hdmlnistrator of the Texne Liquor
Control Board without aharglnq a fee theretor,
in acmplianae with the Liquor Control Aof
wherein eaid But Stat88 that a r88 of $5.00
or #2.00 and no more, ae the oaae may be,,
shall be charged in addition to the llosplre
Ides, or, should the Clerk aharge a fee oi
8.50 for said certiiicate, as provided for
under the terms or Art. 3930, R. C, 9. 192!DtW
Beotion 18 0r Artme 1 or the Texee Liquor
Control Aot reeds as r0xw8:
The Board is authorized to issue WIna
and beer R8tetl8r'B Permits, The holders
of suah pormlte shall be authorized to 841
ror oonetnuptlon on or off t&3 pramisea where
aold, but not tar resale, vinoua and malt
beverage8 oontalning aloohol in exoesu of
one-half of one percent by Volume and not
more than fourteen (14) per oent or alohhol
by Volume. Nl such permits ahall be applied
for and Uaued, unless denied; and fees pafd,
upon th8 aam proaedure and in th8 Ban30 tamlMW
and upon th8 same feote and under~ tho Beme
clrcumatanees, and for the a.ae duratlOa of
time, and ahall b8 rentable in the same~maa-
ner, aa required and pWd8d to g~vern~ppli-
cation ror end lasuanoo oi R8tail.'8eerikaler'a
Lioensee under &'tiOh II'of this Aat; and
ehtdl be SUbj8ot to ostt~ellation ,or suspension
for any of the reasonq'tbat a Retail Beer
Hon. J. 0. tJOy188, June 8, 1959, Pa@ 9
Dealer's License may be OMO8llSd or au%-
pSnd8d, and upon the aame prooedure. The
holders Of nfIl8 and &er Retailer'6 r8rmita
shsll also be subject to all pm~ialona of
$8OtiOXl 22, Article II 0r this Act. All
alcohollo beverages which the holders Of
such penalta are authorized to sell may be
sold wlth the sane reatr~ctioh~ ea provided
in Article II governing the SCi18 0r beer,
a~ to prohibited houra, local reatrictiona,
age or employeea, inatallatlon or mainten-
ance of barrier8 or blinda in. Op6Id.436 or
doors, prohibition Of the US6 Of th8.WOl.d
*saloon* in the signs or edY8rtlaingF and
subject'to thee 6ame reatrlctlons upon oon-
sumptlon of tine es provided for beer in
the case of Retail Beer Dsnlera in Section
15 or Article ,rnIor this Aot, For the
violation or any applioeble provialon6 oi'
Article 11 the holder6 of such permits ehaU.
b8 liable for penaltiea provided in Article
II; r0r the violation 0r any other prOvialQn
of this Act the holdefa.?f such.pewita ahall
b8 aubjeat to p8n6ltia6 provided in Article
I of this Act.-(4)
The annual r8e for such a permit shall
be Thirty~(#sO) Dollars and ahallbe dla-
tribtited in the manner provided for the dla-
tribution of fees ``der$vedunder Article .I1
or this Act; provided, however, thst a Wine
and-Beer Retailer'8 Permit may be iSSUed iOr
a railway dining, buffet, or club car upon
payment or 6 re8 0r Five ($5) dollars r0r.
each oar; provided, hafQV8r, that app1iCatiOn
theretor and the payment or r68 ahall be
made direot to the Boaxd'and provided fur-
ther.thatany 6%
permit ror,a railway ai&,
bucket, or 01ub car aNlb8 faoper&$ve in
MY dq arsa'aa the,aama ie defined ln thir
A+.--(S)"
The,aevetith paragraph of Sect&n 6 of Artiola
.g
I
Hon. J. C. Voyles, June 8, 19ZSEo Page 4
x1 or the Texas Liquor Control Bat reads a6 r0Lbwa:
"xV81y p8rSOn making eppliOQtiOn rOr
an original liaense or any olaee herein pro-
vided, except Drancli T-iaensea end Tenporsry
LfO8nS8B, shall be 6UbjeOt 6t the time Of
the hasring thereon to a fee of FIva Dollars
((L5),which ree shall, by the'County Clerk;
be deposited in the County Treasury and the
applicant shall be liable for no other fees
exo8pt said application r8n and the anuual
license fee required of him by this Aot."
Paragraph (b) or Seotlon 7 or Article R or
the Texas Liquor Control Act reads a8 rollowst
"Any application r0r renewal shall be
eoooxpani8.d by a re8 of Two Dollars ($a),
whioh shall be In addition lo the amunt
required by law to be paid ror annual U-
ceee r88B, a6 a renewsl ree charge. Any
renewal f8e OhargeEI Collect8d by the COUIIty
Assessor and Collector or Tare& ahall be
deposited in the Cowity Treemy a6 f666 ot
orrise and be 80 acoounted r0T by him. If0
qppllaent r0r renewal of license shall b6
required to pay any r886 other than the re-
news1 ree oharge and ~lioanae’reea herein pro-
vided, except when required by eutlon ot
the Board or Adzciniatretor to 6ubmI.t to hear-
ing upon suoh renewal before the county judge.*
Article 5924, Revised Civil Statutes, reada ma
r0mtv? :
*Do person shall conduct or transact
buainesa in this State under any eeaumed
name or under any de&gnat&on, name, style,
ooporate or otherwise other than the reel
nezae or eaoh ln&ividusl oonductlng or trana-
aotiq such bU6ines8, unless such person
shall rile in the OrfiO8 0r the oounty alerk
of the countfee In which suah poreon oonduefs
or tranaaota or intends to aonduct or~txaaaao c
HO& 7. C, Voyles, Tune A, 1939, rage 8
ewh business, a aertifioate settlq forth
the noma under whhh such business is, or
id to be, oonduated or transaoted, and the
true full name or names of eaoh person con-
ducting or transaoting the sent),with the
post-office adcress of each. Skid aertlfi-
oate shall be exeouted end duly aoknowledeed
by the parson so oonduetlng or intenaine to
conduct sai6 byzlnoss in th6 mmner provided
for acknowledgment 0r oonveyanoe of real es-
tate."
Artiole 5930, Revfeed Civil Statutes, roads in.
as follows:
"Clerks or the county oourt~ shall re-
aeive the following fees:
"*...
v&ah tkrtlSioate to any faot or faots
contained in the reoords of his office, with
osrtitloate and seal, when not othemies
provided for . . . . . . '. . . . . . . . . .80w
fn view of the foregoing statutes, you are PO-
speotfully aavieed that it is the oplnlon oi this bmpart-
ment that the oounty clerk is authorized to charge a fee
of SOg Sor escb certifioate from suoh ale& to the eflsab
that the applicant has oolepU.Sa with the terma of the
assumed name law.
Vruatixq that the foragoi~ answers your inn-
pdry, we remain
Yours very truly