Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Q-C. MUlW
A---L
Eonorable woodrow Curtio
County Attorney
Frio county
Pearsall, Texas
Dear Sirr
Honorable Vioodrow Curtis, Page 2
under Article 667, P. C., paragraph 5 .”
Article 667-5 of the Penal Code reads as follows:
“Any person desiring a lioenee ae nmnu-
raoturer, distributor, or retail dealor may
in taoatlon or in term time iii4 a petltfon
with the county Judge or the oounty in which
tha applicant desires to engage in nuoh burl-
nom whioh petition shall state as follows:
Ii a manufaoturer: (1) That he Is a law-
abiding, taxpaying ditizen of this State,
over twenty-one (21) years 0r age; that he
has be8n.a resident of the county wherein
auah lloense ie sought for a period of more
than one year next preoeding the tiling of
suoh petition; and that he has not been oon-
vlated or a relony within two (2) years la-
mediately preceding the filing or such petl-
tiion.
(2) If a co-partnership, thaO all indlvlduals
have the ``amequallfluatloncr provided in para-
graph (1) abovei
(3) If a eorporatlon, that appiloant is
organized and chartered under, and has OOIU-
plied with, all aorporatfon laws or this State
applloable to such corporation, that the prlndpal
plaoe OS buslnesa is ln the oounty where suoh
lloense is sought, and the president and xaanag?r
shall sake an affidavit that he posseseen all
quallricatlons Provided in paragraph (1) above.
If a distributor, general or looal:
(1) AppliOant shall give the same ikforaka-
tion required of a nmntiaoturer lnoluding the
plaoe or plaoes where his business shall be
transaoted, and the bounty or oountles where
his sales are to be made.
If a retailer:
(1) The same information require’d or the
Honorable Woodrow Curtis, Page 3
manutaoturer.
(2) The aormot addrese of premises to
be used by the applloaat Sor the sale of
beer, and whether he tl$airee to sell beer
ror consumption on or off the premises.
(3) He shall enumerate the kinds of
business In whioh he is engaged or In whloh
he Intends to engage on the lloensed premises
and other premlws under his oontrol oi wbioh
the lloensed premises is a part.
(4) That applloant.hae no finanolal in-
terest In any establishment authorized to aell
dlstillod eplritrr:
(5) That no person engaged in the busi-
neas oi selling distilled spirita haa any
ffnanolal intere8t In the business to be oon-
duated under the lloense sought by the applleant.
(6) That he has not had any intereat QI
any license to sell beer whloh llosnse has been
canaeu4a or revoked .withi.n the twelve (121
month next preor6lng the date of the present
applfoation ror lloanee r
(7) That he is not residenced or domioll-
ed with’any person who has any flnanolal in-
terest with any establ$shment engaged ln’the
business 0r selling aistill4a epiritr, or any
person In whose nants any lloense has been oan-
oellea or revoked withln the twelve (12) mmth
preoedtig the present lioense;
(8) If applioat&iOr retailer’s lloease Is.
a oorporationi applioatlon shall show that the
president or manager thereof has been a.resident
or the oounty wherein the lloenee is sought for
more than one year next preoeding the date ot
the applloatlon and that no oii$Oer of the oor-
poration is dlsqualltled In any.other manner that
would prevent him from holdlug euoh lioense in
his own nameiW
Eonorable Woodrow Curtl6, Page 4
Artlole 667-S, Penal Code, supra, apeoifloally
provides that the applicant
. -. must have been
. . - a resident-_ of
the oounty wherein suon uoense is sougnt ror a perloa or
rim; than one year next preoeding the f’lllng of such petl-
.
Naturally, the question arises as to the legal
meaning of the term or word *resldentW. A8 used in some
statutes, the term WreslaentW and *‘domicileW have the sanm
meaning; in others they have not. See the aames of Pltts-
burg Hater Heater Co. Y. Sullivan, 24325. Vf. 676 and Halver-
aon Y. Livengood, 4 6. yi. (24) 588. Texas Jurlsprudenoe,
Vol. 15, p. 7-11.
We quote rrom Corpus furls, Vol 19, p. ,397, as roi-
lows :
“Generally, where a statute preeorlb-
ed re4ldenoe a4 a qualitloatlon tar the
33djc&wn* 0r a prlrlloge, or the exerolm
ot a rranohlse, and/or whenever the terms
are ‘Used in oonneotlon with subjeota of
domeatio policy, domioile and reaidenae are
equivalent. Statutory .oonstruction a&*
sometimea arteot the question-.”
In Volume 54, p. 708, Corpus Juris, we find the
rollowing deflnltlonr
“The best definition is that to be de-
ducted from the Roman Law; that a man’s
reeldenoe ie the pl444 whore hi4 family
dwells or whioh he makes the ohi;er seat’ or
his artairs and intereat. Residence is the
favorite term employed In the statutes to
express the connection between pers$~ and
plaoa. The meaning when employed In a
statute is often provocative of dispute,
often making it dirrfwt to give an exaot
detinftion ot what is meant by residence as
used in partioular statutee, tor when ured
in etatutee it has airrerrnt meaning4 in
dlrrerent oonneotlons, and may be used 'with
difrerent meanings In different statutes,
and also, it sometimes has d@ierent shades
of meaning in the sfatute8 and even In the
aonstruat ion. An examination or the autbor-
itles disaloses that it has received dlf-
Honorable hoodrow Curt&, Page 5
ferent derlnltlone in rsrfoue oases, prln-
cipally Involving rranohlee, taxation, and
juriealction. As Its 8tatutory aeflnltlon
depends upon the legislative purpose ae
well as the context of the statute It must
be construed In every oaee in aoaordanoe
with the objeot and intent of the statute
In whlcrh it oocure; henoe its meaning Is
to be determined from the fact8 and olroum-
stances taken together In each partloular
case. However, it is said that when used
In the. statutes, or aotions, or suite re-
1aUng to toxe.tlon, rights 0r suitrage,
dlvoroe, limitation of aotione, and the
like, it le used In the sense ot legal
residence, that 18 to, cay, place of doml-.
oile or permanent abode."
In rl?w of the foregoing authorities and the raote
stated inyour inquiry, you are reepeotfully advised that
it is the opinion or this department that Mr. Beok oamot
.fy as a reeldent oi lrio County under Article 66T-S or
the Penal Code.
Trustlug that the foregoing anewere yo& inquiry,
we remain
Yours very truly
ATTORNEY
OENJiRAL
OPTEUS
Ardell Willlanis
APPROVED
J-W 6, 1939