THE ATI‘ORNEP~ GENERAL 

OF TEXAS 

Hon. Coke Stevenson, Jr. 

Administrator 

Opinion No. C- 7 

Texas Liquor Control Board Re: Whether certain signs 

State Office Building advertising alcoholic 

Austin, Texas beverages, constitute 

"outdoor advertising" 

as that term is used in 

Article 667-24a, V.P.C. 

when displayed on the 

second floor of a labor 

temple that is not covered by a license or 

permit authorizing the 

sale of alcoholic beverDear Mr. Stevenson: ages. 

You have requested an opinion on the following 

questions: 

"Where on the second floor inside a 

labor temple that Is not covered by any 

license or permit authorizing the sale of 

alcoholic beverages there exists the following signs--not Including asterisks-- 

that are eleven inches by fourteen inches 

in size, are such signs ,'outdoor advertising' 

as that term is defined in paragraph one of 

Article 667-24a of V.A.P.C.?" 

1. 

2. 

3. 

4. 

5. 

Miller High Life*--Go First Class 

Pearl Lager Beer--Kit Sanderson** 

NOW at Popular Prices--Pabst Blue Ribbon*-- 

Nick DeMarias Distributing co.**--619 Mary 

Ave.--Plaza 3-5332 

Jax Beer, Waco--Best Beer in Town 

Lone Star Beer--(Decal)--Lone Star Distributing Co.** 

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Hon. Coke Stevenson, Jr., page 2 (C-7 ) 

6. Billy Cicorte **--We Cash Payment Checks-- 

715 So. Highway 81, Also, West, Texas 

7. Jabo Centenial Liquor Store**--930 So. Lacy 

Drive--Lacy--Lakeview 

8. Schlitz*--(Decal) --Enjoy the Difference-- 

Nick DeMarias Distributing Co.**--619 Mary 

Ave.--Plaza s-5332 

9. Where There's Life--There's Budweiser*-- 

Turner--Coffield Company** 

10. Clark's Package Store**--Iiquor, Wine and 

Beer. 

*Each of these words and phrases is a 

brand name of a certain type of beer 

sold in Texas. 

**Each of these persons and companies 

-is engaged in the sale or distribution 

of alcoholic beverages in Texas." 

Article 667~24a, Vernon's Penal Code, reads as 

follows: 

"1. The term 'outdoor advertising' as 

used herein shall mean any sign bearing any 

words, marks, description or other device and 

used to~advertise the alcoholic beverage business of any person engaged in the manufacture, 

sale or distribution of alcoholic beverages, 

or in the advertisement of any beverage containing alcohol in excess of one-half of one 

per cent (-$ of 1%) by volume, whensuch 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 si 

inside a building and within 'five (5 B 

n erected 

feet Of 

any exterior wall of such building facing a 

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Hon. Coke Stevenson, Jr., page. 3 (C- 7. ) 

street or highway and so placed that it may be 

observed by a person cf ordinary vi.sion from 

outside the building, lhall be deemed outdoor 

advertising. For the purposes of this Section 

the word 'sign,' as applied to its use by a 

Retailer, shall not include any identifying 

label affixed to any container as authorized 

by law, nor to any card or certificate of 

membership In any association or organization, 

provided such card or certificate is not larger 

than eighty (80) square inches." 

Also Section ,2(d) of Article 667-2L!a, reads as 

follows: 

"The use of alcoholic ~beverages or printed 

or lithographed material advertising alcoholic 

beverages inside a premise where there exists a 

permit or license to sell alcoholic beverages, 

when used as a part 'of'a~display, is hereby authorized, provided such alcoholic beverages or 

advertising material so used may not be placed 

within six (6) inches of any window or opening 

facing upona street, alley or highway, and provided further that the term 'advertising material' as used in thi,s-~Section shall not be construed to mean or include any card or certificate 

of membership in any association or organizationj 

if such card or certificate is not larger than 

eighty (80) square inches." 

Taking these two sections into consideration, the 

Legislature has provided for three situations: 

1. Where a sign advertising the beverage business 

or any alcoholic beverage is displayed anywhere outside the 

walls or enclosures of any building or structure where there 

exists a license or permit to sell alcoholic beverages. 

2. Where any such advertising sign is placed Inside 

a building and within five (5) feet of any exterior wall of 

such building facing a streetor highway and so placed that it 

may be observed by a person of ordinary vision from outside 

the building. This is construed to mean buildings in which 

there exists no license or permit to sell alcoholic beverages. 

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.- _ 

HOG. Coke Stevenson, Jr., Page 4 (C- 7 ) 

3. Where advertising displays are present within 

a premise where there exists a permit or license to sel.1 alcoholic beverages, 

The first two situations described are deemed to 

be "Outdoor Advertising" Andy the third is not. 

Under'the question propounded to the Attorney General's office the signs are inside a building in which no 

license or permit to sell alcoholic beverages exists. It 

follows that the second described situation would apply and 

that If the signs are inside the building and within five (5) 

feet of any exterior wall of such building facing a street 

or highway and could be observed by a person of ordinary vision 

from outside the building it would constitute "Outdoor Advertising" as described by the statute. 

SUMMARY 

A sign advertising alcoholic beverages or an 

alcoholic beverage business displayed inside a 

building in which there does'not exist a license 

or permit to~sell alcoholic beverages constitutes 

"Outdoor Advertising" if~the sign is within five 

(5) feet from any exterior wall of such building 

facing a street or highway and can be observed 

by a person of ordinary vision from outside the 

building. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

.Q;ea,.vplA+ 

BM:wb:mkh ~' Bill Morse, Jr. 

APPROVED: Assistant 

OPINION COMMITTEE :. 

W. V. Geppert, Chairman 

John. Reeves 

Norman Suarez 

Ben Harrison 

Dudley McCalla _ .., 

APPROVED: 

Stanton Stone 

Executive Assistant 

YZ'.-27-