Untitled Texas Attorney General Opinion

Honorable Dwight Whltrell County Atternep Cillln Cwnty NcKlnney, Texas Opinion No. WW-53 Rer Legality of oen~ump0lon lf llcehollc beverages In dry a r ea l 8f Collin County. Dear Nr. Yhitwellt Your letter rf Februm y 14th, 1957, In whlah yeu re- ,,queeba nlplnlen of whether the censumptlonlf alcoholic beverages In a public place In a dry aroa Qurlng bhe daylight hours Is a,vlela%lenlf the Texas Llquar Contra1 Aob, has Lbeen duly received. You are advised-thatn@ distinctlen Is made In the Texas Liquor Centrel Actibetween censumgtlenlf~aloehello beverages in a public plaoe In Wet areas and dry areas. The censnmptionef aloehollo beverages Is covered by Seotlon 4 (c) lf Article 1 of the Texas Liquor Centrel Act; being Ar- %l.cle666-4 (c), Penal Cede'ef Texas. This artlole makes it unlawful far any persen te cwmme any llCehell0 beverage In any public place, or for any person te peesess any aloo- hellc beverage in any public place for the purpose lf oeneum- lng same in auoh public plaoe at any time en Sunday between the heurs of 1:15 A.M. and 1100 o'clook P.M., and on all ether days at any time between the heurs lf l2:l5 A.N. and 7rOO l‘oleckA.%. Insafar as the csnsumptlonof suoh lloohello bever- &gee Is cencerned,,the censumptlenof such aloehellobever- ages is net prehlblbed except during trhetimes speolfled, whether It be In a dry area or a wet area. Your attention Is oalled, hewever, to the prevlnlone lf the Texw Liquor Centrel Act relative te transposta~ien ef alcehellc bevera 6, Artlole 666,, Seotlohr (4) (a), (4) (b) and Sectien (23f” (a) and the oases lI Ualten v. State, 163 S.W. 2d 203, and Hess v. State, 168 S.W. 2ra31. See also

Hon. Dwight Whitwell, page 2 (W-53)

Wilson v. State, 251 S.W. 2d 888, Wldeman v. State, 212 S.W.2d 177, and Ponder v. State, 265 S,vJ.2dt33b These case8 are authsrltg fer the prepesltfonthat the transportationof al- cehollc beverages fsr psrsenal consumption fEom a place where the sale thereof la legal to a place where the poeseasien thereof Is legal, cantemplatesonly one trip of transportation. Hence, If alcahelfc beverages are purchased far personal con- sumptian In a wet area where the sale is legal and transported to a dry area where the possesslon'ialegal, there Is ne vie- latlon ef law. If, however, later, and after the trip from the wet area to the dry area Is completed, the purchaser trans- perts the bever8ge to another place, there Is an Illegal trans- portation of beverages.

SUMMARY It Is net a violatian of the law to consumes alcoholic beverages in a public place In either a dry area BP a wet area except on Sunday between the hours of 1x15 A.M. and 1800 o'clook P.M. and on all other days between the hours of l2:l5 A.M. and 7800 e'clook A.M.

Yours very truly, WILL WILSON Attorney Generaln

JWW:ms APPROVED: OPINION COMMITTEE H.&&d," Chandler