EA Y GENERAL
OF -XAS
December 1, 1960
Hon. Coke R. Stevenson, Jr. Opinion No. w-969
Administrator
Texas Liquor Control Board Re: Outdoor advertising
Austin, Texas of alcoholic beverages,
as defined in Sec. 24-A,
Dear Mr. Stevenson: Article 667, Penal Code.
In connection with Section 24-A of Article 667, Penal
Code of Texas, you have asked the following questions:
1. If a sign bears any words, marks, description,
or other device advertising an alcoholic beverage and
Is located anywhere outside of a premise that does not
hold a license to sell alcoholic beverages, is such
sign outdoor advertising within the meaning of the
above quoted Section?
2. If such a sign is outdoor advertising, would
a sign bearing the words ‘No Beer For Sale” and located
on the outside of an establishment that does not have a
license to sell beer, be in violation of the outdoor
advertising law above quoted when such sign Is less than
180 square feet?
3. If your answer to question No. 2 is negative,
would the same apply to such a sign located in a dry
area ?
Section 24-A of Article 667, Penal Code of Texas, reads
in part as follows:
“1. The term ‘outdoor advertising’ as used herein
shall mean any sign bearing any words, marks, descrlp-
tion, or other device and used to advertlse the alco-
holic beverage business of any person engaged in the
manufacture, sale or distribution of alcoholic bever-
or in the advertisement of any beverage containing
%,“%ol in excess of one-half of one per cent (4 of 1%)
Hon. Coke R. Stevenson, Jr., Page 2 (w-969)
by volume,when such sign is displayed anywhere outside
the walls or enclosure of any building or structure
where there exists a license or permit to sell alco-
holic beverages. The term ‘outdoor advertising’ shall
not be inclusive of any advertising appearing on radio
or television, or in any public vehicular conveyances
for hire, or In a newspaper, magazine or other literary
publication published periodically. Any such sign
erected inside a building and within five (5) feet of
any exterior wall of such bullding facing a street or
highway and so placed that It may be observed by a
person of ordinary vision outside the building, shall
be deemed outdoor advertising. . . .’
The above quoted provision is followed by a scheme of
exceptions and provisos specifically applicable in particular
situations and locations.
Your question No. 1 is predicated in part upon the
statutory definition of “outdoor advertising” but contains no
factual situation upon which we may render an opinion valid in
all conceivable situations. For example, a sign could be lo-
cated “anywhere outside” of an unlicensed premise and could be
(a) inside o~u~hl~~e~s~~m~remlse, b) inside of a purely prl-
vate place, . and (c I inside of a public place.
The exact location of the &ign, therefore, must be known by
this office before we can apply the applicable provision or
exception.
Because of the infinite variety of possible fact
situations which might have a bearing on our opinion, we are
forced to advise you that we will be unable to give you our
opinion absent specific facts.
Question No. 2 presupposes that a sign bearing the
words “No Beer For Sale” Is “outdoor advertising” and Is used
to advertise the alcoholic beverage business of any person
engaged in the manufacture, sale or distribution of alcoholic
beverages or that it is an advertisement of a beverage contain-
ing alcohol In excess of one-half of one per cent (4 of 1%) by
volume. We do not agree with your premises and, in our opinion,
it is Immaterial where such a sign might be located, If It is
erected and displayed in good faith. Such a sign does not ad-
vertise or promote the sale of any alcoholic beverage nor the
alcohol beverage business. Quite the contrary, if posted in
good faith, such a sign Indicates to the members of the public
who might be interested in such fact that no beer may be bought
where the sign Is displayed.
Ron. Coke R. Stevenson, Jr., page 3 (WW-969)
In answer to question No. 3, we hold that the same
rule applies, since It makes no difference whether the area Is
"wet" or "dryrr. A sign, posted in good faith, which reads "No
Beer For Sale" means what it says, and is not an advertisement
,for the sale of alcoholic beverages.
SUMMARY
Whether a sign bearing any words, marks, de-
scription or other device is outdoor advertising
within the meaning of the Texas Liquor Control Act
must be determined by the specific facts in each
situation.
A sifn reading "No Beer For Sale" in either a
"wet" or dry" area does not advertise any alcoholic
beverage or the alcoholic beverage business within
the meaning of Section 24-A of Article 66’7, Penal
Code.
Yours very truly,
WILL WILSON
Attorney General of Texas
J!G&4w*
Assistant
TIF:dhs
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
w. Ray scruggs
Riley Eugene Fletcher
Robert Lewis
REVIEWEDFOR THE ATTORNEYGENERAL
BY: Leonard Passmore