Texas Attorney General Opinion: V-76 Page: 3 of 10
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Hon. Alfred M. Clyde, page 3
be construed to apply to every person, agent,
receiver, trustee, firm, corporation, copartner-
ship or association, either domestic or foreign,
which is controlled or held with others by major-
ity stock ownership or ultimately controlled or
directed by one management or association of
ultimate management.
"Sec. 7. The term 'store' as used in this
Act shall be construed to mean and include any
store or stores or any mercantile establishment
or establishments not specifically exempted with-
in this Act which are owned, operated, maintained,
or controlled by the same person, agent, receiver,
trustee, firm, corporation; copartnership or as-
sociation, either domestic or foreign, in which
goods, wares, or merchandise of any kind are sold,
at retail or wholesale.
"Sec. 8. Any person who, either for him-
self or as the agent of any person, receiver
trustee, firm, corporation, copartnership or as-
sociation, shall operate or maintain any store
or stores or mercantile establishment or mercan-
tile establishments as defined in this Act with-
out having displayed in a conspicuous place in
such store or mercantile establishment the lic-
ense fee receipt for the current year as re-
quired in this Act shall be guilty of a misde-
meanor and upon conviction thereof shall be fined
in any sum not less than Twenty-five Dollars ($25);
nor more than One Hundred Dollars ($100), and each
day of such violation shall constitute a separate
and distinct offense."
Under the facts you outlined, it will be necessary
for us to determine whether or not the Bluebonnet Discount Stamp
Company is a "store" or "mercantile establishment"., as defined
in Sec. 7 of the Act quoted above.
In the case of Hurt, et al, vs. Cooper, et al, decided
by our Supreme Court on December 1, 1937, reported in 110 S.W.
(2d) 896, 130 Tex. 433, Judge Hickman, Commissioner, in speaking
of store" said:
"The statute having defined the word, we
are not concerned with ith usual meaning. Un-
der that definition, a mercantile establishment,
at which goods, wares, or merchandise of any kind,
except those exempted, are sold is a store and is
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-76, text, March 7, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264895/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.