### EA Y GENERAL OF -XAS

December 1, 

### 1960

Hon. Coke R. Stevenson, Jr. Administrator Texas Liquor Control Board Austin, Texas Dear Mr. Stevenson: Opinion No. 

### w-969 Re: Outdoor advertising of alcoholic beverages, as defined in Sec. 24-A, 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 anywords, marks, description, or other device advertising analcoholic beverage and Is located anywhere outside of apremise that does not hold alicense 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 

### 180square feet? 

### 3. If your answer to question No. 2is negative, would the sameapply 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. Theterm ‘outdoor advertising’ as used herein shall meanany sign bearing anywords, marks, descrlption, or other device and used to advertlse the alcoholic beverage business of any person engaged in the manufacture, sale or distribution of alcoholic beveror 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) byvolume,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 alcoholic beverages. Theterm ‘outdoor advertising’ shall not be inclusive of any advertising appearing on radio or television, or in any public vehicular conveyances for hire, or In anewspaper, magazine or other literary publication published periodically. Anysuch sign erected inside abuilding andwithin five (5) feet of any exterior wall of such bullding facing a street or highway and so placed that It maybe observed by a person of ordinary vision outside the building, shall be deemed outdoor advertising.

. . .’ Theabove quoted provision is followed by a scheme of exceptions andprovisos specifically applicable in particular situations and locations.

Your question No. 1is predicated in part upon the statutory definition of “outdoor advertising” but contains no factual situation upon which wemayrender an opinion valid in all conceivable situations. For example, a sign could be located “anywhere outside” of an unlicensed premise and could be (a) inside o~u~hl~~e~s~~m~remlse, Ib) inside of apurely prlvate place,

. and (c inside of apublic place. The exact location of the &ign, therefore, must be known by this office before wecan apply the applicable provision or exception. Because of the infinite variety of possible fact situations which might have abearing on our opinion, weare forced to advise you that wewill be unable to give you our opinion absent specific facts.

Question No. 2presupposes that a sign bearing the words “NoBeer 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 anadvertisement of abeverage containing alcohol In excess of one-half of one per cent (4 of 1%) by volume. Wedo 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 advertise 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 whomight be interested in such fact that nobeer maybe bought where the sign Is displayed.Ron. Coke R. Stevenson, Jr., page 3 (WW-969)

In answer to question No. 3, wehold that the same rule applies, since It makes nodifference whether the area Is "wet" or "dryrr. Asign, posted in good faith, which reads "No Beer For Sale" means what it says, and is not anadvertisement ,for the sale of alcoholic beverages.

SUMMARY Whether a sign bearing anywords, marks, description 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. Asifn reading "NoBeer 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, WILLWILSON Attorney General of Texas 

# J!G&4w*

Assistant TIF:dhs

APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman w. Rayscruggs Riley Eugene Fletcher Robert Lewis REVIEWED

FORTHEATTORNEY GENERAL BY: Leonard Passmore