## GENERAL

THE ATI‘ORNEP~

OF TEXAS

Hon. Coke Stevenson, Jr. Administrator OpinionNo. C- 7
Texas Liquor Control Board Re: Whether certain signs State Office Building advertising alcoholic Austin, Texas beverages, constitute "outdooradvertising" 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*--GoFirst Class Pearl Lager Beer--Kit Sanderson**

NOW at Popular Prices--PabstBlue 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.**

-24-Hon. Coke Stevenson,Jr., page 2 (C-7 )

6. Billy Cicorte**--We Cash PaymentChecks-- 715 So. Highway 81, Also,West, Texas 7. Jabo CentenialLiquor Store**--930So. Lacy Drive--Lacy--Lakeview 8. Schlitz*--(Decal) --Enjoy the Difference-- Nick DeMariasDistributing Co.**--619Mary Ave.--Plaza s-5332 9. Where There's Life--There'sBudweiser*-- Turner--CoffieldCompany** 10. Clark's PackageStore**--Iiquor,Wine and Beer. *Each of thesewords and phrases is a brand name of a certain type of beer sold in Texas. **Each of thesepersons and companies -isengaged in the sale or distribution of alcoholicbeverages in Texas." Article 667~24a,Vernon's Penal Code, reads as follows: "1. The term 'outdooradvertising' as used herein shallmean any sign bearing any words, marks, description or other device and used to~advertisethe alcoholicbeverage business of any person engaged in the manufacture, sale or distribution of alcoholicbeverages, or in the advertisementof any beverage containingalcohol 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 structurewhere there exists a license or permit to sell **alCO** holic beverages. The term 'outdooradvertising' 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 literarypublication publishedperiodically. Any such si inside a building and within 'five(5 **B**n erected feet **Of** any exteriorwall of such building facing a

-25-Hon. Coke Stevenson, Jr., page. 3 (C- 7. )

street or highway and so placed that it may be observedby a person cf ordinary vi.sionfrom 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~beveragesor printed or lithographedmaterial 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 'advertisingmaterial' 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 Legislaturehas 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 structurewhere 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 exteriorwall of suchbuilding facing a streetor highway and so placed that it maybe observed by a person of ordinaryvision 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 advertisingdisplays are present within a premisewhere there exists a permit or license to sel.1alcoholic beverages,

The first two situationsdescribed are deemed to be "OutdoorAdvertising"Andythe third is not.

Under'the questionpropounded to theAttorney General's office the signs are inside a building in which no licenseor permit to sell alcoholicbeverages exists. It follows that the second described situationwould apply and that If the signs are inside the building and within five (5) feet of any exteriorwall of such building facing a street or highway and couldbe observedby a person of ordinaryvision from outside the building it would constitute "OutdoorAdvertising"as describedby the statute.

SUMMARY A sign advertising alcoholic beverages or an alcoholic beveragebusiness displayed inside a building in which theredoes'not exist a license or permit to~sell alcoholicbeverages constitutes "OutdoorAdvertising" if~the sign is within five (5) feet from any exteriorwall of such building facing a street or highway and can be observed by a person of ordinaryvision 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 ExecutiveAssistant

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