THEATTORNEY GENERAL OF-TEXAS Gerald C. Mann Auem~. 1,.TEZXA~ Hon. Bert-Ford, Administrator Opinion No. O-2068 Texas"LlquarContro1 Board Ret Section 24(11(a) of Article Austin, Texas II, Texas Liquor Control&t. Dear Sir: Your request for opinion has been received and care- fully consideredby this department. We quote from your letter of request as follows; "The president and majority stockholderof a cor- poration holding a General Distributor'sLicense, and engaged In the wholesale distributionof beer owns some real estate individuallywhich he desires to lease to a person who wishes to conduct a retail beer deal- ers business on the premises. "I would like your opinion as to whether Section 24(l)(a) of Article II of the Texas Liquor Control Act would prohibit the president and majority stockholder from leasing his individual property to a retail dealer in beer under the circumstances." Section 24(I)(a) of Article II of the Texas Liquor Con- trol Act, reads as follows: "(1) It shall be,unlawfulfor any manufacturer or distributordirectly or indirectly or through a subsld- lary or affiliate, any agent or any employee, or by any officer, director, or firm member: "(a) Ownership of ,Interestor Real Estate: To own any interest in the business of any retail dealer in beer, or any interest of any kind in the premises in whichany such retail dealer conducts his or Its busl- ness.U You are respectfully advised that it is the opinion of this department that the above quoted article prohibits the presi- dent and majority stockholderof said corporationholding a Gen- eral Beer Distributor'sLicense from leasing his individualreal Hon. Bert Ford, page 2, (o-2068) estate or property to a retail beer dealer under the circum- stances stated In your letter. Very truly yours ATTORNEY GENERAL OF TEXAS By /s/ Wm. J. Fanning Wm. J. Fanning, Assistant APPROVEDMAR18,19kO /s/ Gerald C. Mann ATTORNEY GENERAL OF TEXAS APPROVED: OPINION COMMITTEE BY: BWB, CHAIRMAN WJF:AW:wb