Untitled Texas Attorney General Opinion ( 1962 )

THEATTORNEYGENEECAL OF’ TEXAS March 1, 1962 Honorable Bill Pemberton Opinion No. W-1268 County Attorney Hunt County Re: Does Article 286, V.P.C., Greenville, Texas apply to keepers of drug stores as set out in Dear Mr. Pemberton: Article 287, V,P.C.? We have your letter requesting an opinion on the following question: “Does Article 286s. Vernon’s Annotated Penal Code which concerns the prohlbltlon of the sale of goods on both the two oon~- secutlve days of Saturday and Sunday within the State of Texas apply to keepers of drug stores as set out in Article 287 VAPASC of the State of Texas?” Seation 1 of Senate Bill 35, Flrst Called Session, 57th Legislature (Art* 286a, V.P.C.), lists the items which cannot be sold on the two consecutive days of Saturday and Sunday. Nowhere within the enumerated items do we find drugs, medicines, foods, or newspapers, Attorney General’s Opinion No, O-2293 sets out the items that drug stores are privileged to sell. A copy of that opinion Is attached hereto, We affirm that opinion herein. Under the provi- sions of Article 287, Vernon18 Penal Code, keepers of drug stores are exempt from Article 286, VIPcCc, whioh prohibits the sale, barter, or opening of a place of business for the purpose of traffio or public amusement. Inasmuch as Section 5a of Article 286a specifically does not repeal Articles 286 and 287, we hold that drug stores do not come within Its prohibition Insofar as dtWgS, medicines, foods, or newspapers are concerned, and that Articles 287 and 286 apply to that business, Hon. Bill Pemberton Page 2 ' Opinion NO* ``-1268 SUMMARY . AxvtioZe g86as VemonCs Penal CodeS does not cover 06 apgClyto keepers of drug stores& Very truly yours, BY Norman V. Suarez Asslstant Attorney General NVS:sh Enclosure APPROVED: OPINIONCO-E w,, V. Geppert, Chairman Charles Hewel ISan Williams Jim Broadhurat REVIEWEDFOR TKE ATTORNIEY GENERAL BY: Houghton Brownlee&,