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 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, 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) 

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 alcoholic 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 located “anywhere outside” of an unlicensed premise and could be 

(a) inside o~u~hl~~e~s~~m~remlse, 

I 

b) inside of a purely prlvate place, . and (c 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 containing 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 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 

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, 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. 

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 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore