Texas Alcoholic Beverage Code - Section 108.53. Billboards And Electric Signs: When Permit Is Required
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§ 108.53. BILLBOARDS AND ELECTRIC SIGNS: WHEN PERMIT IS
REQUIRED. (a) No person may erect a billboard or electric sign
advertising an alcoholic beverage within 200 feet of a retail
establishment authorized to sell that beverage unless he has first
obtained a permit for that purpose from the commission. No permit
is required for a billboard or electric sign that is not located
within 200 feet of a retail establishment authorized to sell the
advertised alcoholic beverage.
(b) The commission or administrator shall provide permit
application forms, which may contain any information the commission
or administrator deems necessary. The application shall contain a
statement that the erection or maintenance of the billboard or
electric sign will not have the effect of advertising or directing
patronage to a particular retail establishment authorized to sell
alcoholic beverages. Application shall be made under oath,
addressed to the commission or administrator.
(c) The commission or administrator shall issue a permit if
either of them finds that all statements in the application are true
and the erection or maintenance of the billboard or electric sign
will not be contrary to this code or to a rule of the commission.
Otherwise, the commission or administrator shall refuse to issue a
permit.
(d) Notwithstanding the restrictions imposed by this
section, but consistent with other provisions of this code, the
commission shall promulgate rules allowing for signs advertising
alcoholic beverages at charitable or civic events such as fairs,
rodeos, or other events of a temporary nature. This subsection does
not authorize, nor shall any rule of the commission authorize, a
retailer of alcoholic beverages to derive, directly or indirectly,
any money or consideration of any kind as a result of alcoholic
beverage advertising, and the commission's rules shall reflect the
intent that the charity or civic endeavor receive the proceeds, if
any, from such advertising signs.
Acts 1977, 65th Leg., p. 521, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1997, 75th Leg., ch. 62, § 2, eff. Sept. 1, 1997.
Section: 108.06 108.061 108.07 108.08 108.09 108.51 108.52 108.53 108.54 108.55 108.56 108.71 108.72 108.73 108.74
Last modified: August 11, 2007
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