Texas Alcoholic Beverage Code - Section 108.75. Advertising And Promotion In Public Entertainment Facility

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§ 108.75. ADVERTISING AND PROMOTION IN PUBLIC 
ENTERTAINMENT FACILITY.  (a) A member of the distiller, 
manufacturing, distributor, or wholesaler tier may promote, 
sponsor, or advertise an entertainment event or venue or promote or 
advertise an alcoholic beverage brand or product at a public 
entertainment facility if the alcoholic beverage promoted, sold, or 
served at the event, venue, or facility is furnished by an 
independent concessionaire.
	(b)  An independent concessionaire may not receive direct 
monetary benefit from advertising, promotional, or sponsorship 
revenues generated by operation of a public entertainment facility.  
A member of the manufacturing or distributing tier may not, 
directly or indirectly through the owner or operator of a public 
entertainment facility, furnish, give, rent, lend, or sell any 
equipment, fixtures, or supplies to an independent concessionaire.  
A public entertainment facility owner or operator or a member of the 
distiller, manufacturing, distributor, or wholesaler tier may not 
directly or indirectly control the quantity or brand of alcoholic 
beverages bought or sold by an independent concessionaire.  An 
independent concessionaire must enter into a written concession 
agreement with an owner, lessee, or operator of a public 
entertainment facility.
	(c)  A member of the distiller, manufacturing, distributor, 
or wholesaler tier who has entered into an advertising, 
promotional, or sponsorship agreement may provide sponsorship 
signs at a public entertainment facility property and as otherwise 
authorized in this code and commission rules.
	(d)  An independent concessionaire who has entered into a 
concessionaire agreement under this subchapter may place 
sponsorship signs at, in, or on public entertainment facility 
property.
	(e)  The owner or operator of a public entertainment facility 
who has entered into a concessionaire agreement and a sponsorship 
agreement under this subchapter shall not be precluded from placing 
and displaying sponsorship signs, as otherwise permitted by law, 
provided by sponsoring members of the distiller, manufacturing, 
distributor, or wholesaler tier, at, in, or on an independent 
concessionaire's venues at a public entertainment facility 
property, including the area where alcoholic beverages are 
displayed, served, or poured.
	(f)  Nothing in this subchapter shall limit the independent 
concessionaire's right to place and display sponsorship and other 
signs authorized under this code and commission rules.
	(g)  All advertising, promotional, sponsorship, and 
concession agreements authorized by this subchapter shall contain 
an affirmative provision disavowing the right of any party to 
engage in conduct prohibited by this subchapter.

Added by Acts 2003, 78th Leg., ch. 946, § 1, eff. Sept. 1, 2003.           

Last modified: August 10, 2007