Texas Alcoholic Beverage Code - Section 108.52. Permissible Outdoor Advertising
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Texas Lawyer > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 108.52. Permissible Outdoor Advertising
§ 108.52. PERMISSIBLE OUTDOOR ADVERTISING. (a) No
outdoor advertising is permitted in this state except that which is
authorized by this section or under rules of the commission or
administrator promulgated pursuant to Section 108.03 of this code.
(b) Billboards and electric signs are permitted if they are
not located in a manner contrary to this code.
(c) Retail licensees and permittees may erect or maintain
one sign at each place of business which may read as follows:
(1) if a beer retailer, the sign may read "Beer";
(2) if an off-premises beer retailer, the sign may
read "Beer" or "Beer to Go";
(3) if a wine and beer retailer, the sign may read
"Beer," "Beer and Wine," or "Beer, Wine and Ale";
(4) if a wine and beer off-premises retailer, the sign
may read "Beer," "Beer to Go," "Beer and Wine," "Beer and Wine to
Go," "Beer, Wine and Ale," or "Beer, Wine and Ale to Go";
(5) if a package store permittee, the sign may read
"Package Store," "Liquors," or "Wines and Liquors," and if a retail
dealer's off-premise license is also held, the sign may read
"Package Store," "Wines, Liquors and Beer," or "Wine, Liquors and
Beer to Go"; or
(6) if a wine only package store permittee, the sign
may read "Wine" or "Wines," and if a retail dealer's off-premise
license is also held, the sign may read "Wines and Beer," "Wine and
Beer," or "Wine and Beer to Go."
(d) A sign erected under Subsection (c) of this section may
be placed inside or outside the place of business so as to be
visible to the general public. None of the letters on a sign may be
more than 12 inches in height, and no sign may contain any wording,
insignia, or device representative of the brand or name of an
alcoholic beverage. The commission or administrator may permit a
licensee or permittee to erect or maintain one sign at each entrance
or side of a building occupied by him if it faces more than one
street or highway.
(e) Billboards, electric signs, or other signs to designate
the firm name or business of a permittee or licensee authorized to
manufacture, rectify, bottle, or wholesale alcoholic beverages may
be displayed at the licensee's or permittee's place of business.
(f) A display composed of alcoholic beverages or printed or
lithographed material advertising alcoholic beverages located
inside the licensed premises is permitted if the alcoholic
beverages or advertising material is not placed within six inches
of a window or opening facing a street, alley, or highway. A card or
certificate of membership in an association or organization is not
"advertising material" for the purpose of this subsection if it is
not larger than 80 square inches.
(g) Outdoor advertising of an alcoholic beverage or of the
business of any person engaged in the manufacture, sale, or
distribution of an alcoholic beverage is permitted to be placed on
or affixed to a bench unless:
(1) the advertising is prohibited by an ordinance of
an incorporated city or town; or
(2) the advertising is in an area or zone where the
sale of alcoholic beverages is prohibited by law.
(h) In addition to the signs authorized by this section, any
retail licensee or permittee whose trade name or corporate name
includes one or more of the words or phrases regulated by Subsection
(c) of this section may also have one sign designating the trade
name or corporate name of the retail licensee's or permittee's
business. The commission or administrator may permit a retail
licensee or permittee to erect and maintain one sign at each
entrance or side of a building occupied by the retail licensee or
permittee if the building faces more than one street or highway.
Signs erected pursuant to this subsection shall comply with all
local regulations concerning the erection of signs.
Acts 1977, 65th Leg., p. 521, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 501, ch. 231, § 2, eff. Aug.
27, 1979; Acts 1997, 75th Leg., ch. 62, § 1, eff. Sept. 1, 1997.
Section: 108.05 108.06 108.061 108.07 108.08 108.09 108.51 108.52 108.53 108.54 108.55 108.56 108.71 108.72 108.73
Last modified: August 11, 2007
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