Honorable Coke R. Stevenson, Jr. 

Administrator 

Texas Liquor Control Board 

Austin, Texas opinion NO. w-186 

Be: Is the practice of affixing 

to the containers and the 

original packages of alcoholic beverages labels advertising the alcoholic beverage business of the licensee in violation of the 

Texas Liquor Control Act, 

or the rules and regulaDear Mr. Stevenson: tions of the Board? 

Youhave submitted for our consideration the question 

of whether the pra,ctice of affixing to the containers or the 

original packages of alcoholic beverages, labels advertising the 

alcoholic beverage business of the licensee is a violation of 

the Texas Liquor Control Act, or the rules and regulations of 

the Texas Liquor Control Board. You have pointed out for our 

convenience Section 24a of Article 667, V.P.C. (Texas Li uor 

Control Act) and Regulation 8a-1, titicle II, Section 10 s h) of 

the Regulations of the Texas Liquor Control Board promulgated 

pursuant to the provisions of the Texas Liquor Control Act. 

According to the facts submitted to us, the retailer 

places stickers on the cardboard cartons or containers of alcoholic beverages, which stickers advertise the place of ,business 

of the retailer and show the price of the beverage. When the 

case of beer or other container of alcoholic beverage is sold, 

the carton, or container, and the attached sticker are taken 

from the retailer’s premises by the purchaser. 

Section 24a of article 667, V.P.C. provides 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 containine alcohol in 
Honorable Coke R. Stevenson, Jr., page 2 (rJw-186) 

excess of one-half of one percent (l/2 of 1%) 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 . . . For the purposesof 

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. 

“2. All outdoor advertising as herein defined 

is hereby prohibited within the State of Texas except as herein expressly provided: e . .” 

Concerning the second above quoted sentence of subsection 1 of Section 24a of Article 667, it would appear that the 

statute does not cover the labels here considered. 

Regulation Sa-1, Sec. 10th) of the Texas Liquor Control Board reads as follows: 

“(h) . Coverings, cartons, cases, Individual 

coverings, cartons, cases’ or other wrappers of. containers of malt beverage , used for sale at retail, 

or any written, printed, graphic, or other matter 

accompanying the container shall not contain any 

statement or any graphic, pictorial, or emblematic 

representation,- or other matter, which is prohibited 

from appearing on any label or container of malt beverage. It shall be unlawful for ,eny retailer to 

affix to any carton or case any paper or sticker 

bearing any painted, printed, or other graphic matter whatever; and it shall be unlawful for any retailer to paint, imprint, or otherwise impose any 

wording, lettering, picture, or design of any chsracter whatsoever on any carton or case.” 

It is clear that the submitted practice of,retailers 

is directly in the teeth of the second sentence of SectionlO 

and therefore would constitute a violation of the Regulations of 

the Texas Liquor Control Board. 

The practice of retailers of alcoholic beverages of placing stickers or labels on .cases, cartons 
Honorable Coke R. Stevenson, Jr., page 3 (W-186) 

or containers of alcoholic beverage which labels 

advertise the business of the licensee and are 

displayed off the licensed premises violates 

Regulation 8a-1, Sec. 10th) of the Texas Liquor 

Control Board, relating to the attachment by a 

retailer of papers or stickers to coverings, cartons or cases of alcoholic beverage. 

Yours very truly, 

JEiM:pf :wb 

RPPRO WD: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

Richard Wells 

Robert 0. Smith 

Byron Fullerton 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Geo. P. Blackburn