Honorable Nelson Quinn Opinion No. WW-1109
County Attorney
Taylor County Re: Whether placing outdoor signs
Courthouse in a dry area advertising the
Abilene, Texas name of a business but not
showing alcoholic beverages
for sale is in violation of
Deer Mr. Quinn: Article 667-2h, V.P.C.
You have requested the opinion of this Department relative to
the above subject. Your letter of inquiry is quoted in part as follows:
"Under Article 667-2b, Section 1, the term 'out-
doorsadvertising is defined as 'a sign bearing any
words, marks, description, or any other device as
used to advertise the alcoholic beverage business of
any person engaged in the manufacture, sale, or distri-
bution of alcoholic beverages, or the advertisement of
any beverage containing alcohol in excess of one-half
of one percent (l/2 of 1%) by volume. . .I. Does this
Statute include the indirect advertising by placing on
the sign the name of a business which sells alcoholic
beverages end a map which directs the party to a par-
ticular place in another county, end the sign does not
indicate or show that alcoholic beverages are sold and
distributed et that place of business?
"In our County, which is a dry area, several signs
are being placed in this area which are described as
follows:
(Illustretion of sign)
II. . . I request a* opinion from your office as to
whether the foregoing facts mentioned come within the
provisions of Article 667-2ka.”
In order to determine whether or not such sign as illustrated
in your letter is illegal it is necessary to examine the laws relating
thereto.
The principle definitions are found in Section 1, Article 667-
24a, which reeds in pert es follows:
Honoreble Nelson Quinn, Page 2 (w-1109)
"The term 'outdoor advertising' es used herein shall
mean any sign bearing any words, marks, description or
other device and usedto'edvertise the alcoholic bever-
age business of any person engaged in the manufacture,
sale or distribution of alcoholic beverages, or in the
advertisement of any beverage containing alcohol in ex-
cess of one-half of one per cent (l/2 of 1%) by volume,
when such sign is displayed anywhere outside the wells
or enclosure of any building or structure where there
exists a license or permit to sell alcoholic beverages
. . .
"The word 'billboard' es used herein shell mean a
structure directly attached to the lend, or to any
house or building, end having one (1) or more spaces
used for displaying thereon a sign or advertisement of
the alcoholic beverage business of any person engaged
in the manufacture, sale or distribution of alcoholic
beverages, or for the advertisement of any beverage
containing alcohol in excess of one-half of one per
cent (l/2 of 1s) by volume, whether or not such structure
or sign be illuminated by artificial means. The term
'billboard' shall not be inclusive of any well or other
pert of any structure used es a building, fence, screen,
front or barrier. (Emphasis added.)
The same Article in Section 4 thereof provides es follows:
"It shell be unlawful for any person to erect, maintain
or display any outdoor advertising, billboard, or electric
sign not conforming in all respects to the provisions of
this Act; and any billboard or electric sign displayed
contrary thereto is hereby declared illegal equipment end
subject to seizure end forfeiture es provided for such
action in respect to illicit beverages end other illegal
equipment under the provisions of this Act."
After carefully observing the printed matter es shown on the
exhibit of the sign contained in your letter there is no indication that
the sign beers any "words, marks, description or other device used to
advertise the alcoholic beverage business". Apparently the sign only
beers the name of the establishment where something is sold since it uses
the name Cecil's County Line Store. The geographical location is shown,
however, such sign does not indicate that the store is a package store
or a store where alcoholic beverages are sold.
Honorable Nelson Quinn, Page 3 (WW-1109)
In Opinion No. V-305 the Attorney General discusses the defi-
nitions of "signs" and "outdoor advertising", e copy of such opinion is
attached hereto for your information.
Since the sign does not beer any words, marks, description or
other device which are used to advertise the alcoholic beverage business,
we do not believe that such sign under the stated facts violates the pro-
visions of Article 667~24e, V.P.C.
SUMMARY
Outdoor advertising by billboard or electric sign
which does not beer any words, marks, description or
other device to advertise the alcoholic beverage
business, does not violate Article 667~24e, V.P.C.
Very truly yours,
WILL WILSON
Attorney General of Texas
BY
Harris Toler
Assistant Attorney General
RT/br
APPROVED:
OPINION COMMTITEE
Henry Breswell, Cheirman
Grady Chandler
Gilbert Hargreve
Elmer McVey
Fred Werkenthin
REVIEWED FORTHEATTORNEY GENERAL
By: Houghton Brownlee