Untitled Texas Attorney General Opinion ( 1961 )

Honorable Nelson Quinn Opinion No. WW-1109 County Attorney Taylor County Re: Whether placing outdoor signs Courthouse in a dry area advertising the Abilene, Texas name of a business but not showing alcoholic beverages for sale is in violation of Deer Mr. Quinn: Article 667-2h, V.P.C. You have requested the opinion of this Department relative to the above subject. Your letter of inquiry is quoted in part as follows: "Under Article 667-2b, Section 1, the term 'out- doorsadvertising is defined as 'a sign bearing any words, marks, description, or any other device as used to advertise the alcoholic beverage business of any person engaged in the manufacture, sale, or distri- bution of alcoholic beverages, or the advertisement of any beverage containing alcohol in excess of one-half of one percent (l/2 of 1%) by volume. . .I. Does this Statute include the indirect advertising by placing on the sign the name of a business which sells alcoholic beverages end a map which directs the party to a par- ticular place in another county, end the sign does not indicate or show that alcoholic beverages are sold and distributed et that place of business? "In our County, which is a dry area, several signs are being placed in this area which are described as follows: (Illustretion of sign) II. . . I request a* opinion from your office as to whether the foregoing facts mentioned come within the provisions of Article 667-2ka.” In order to determine whether or not such sign as illustrated in your letter is illegal it is necessary to examine the laws relating thereto. The principle definitions are found in Section 1, Article 667- 24a, which reeds in pert es follows: Honoreble Nelson Quinn, Page 2 (w-1109) "The term 'outdoor advertising' es used herein shall mean any sign bearing any words, marks, description or other device and usedto'edvertise the alcoholic bever- age business of any person engaged in the manufacture, sale or distribution of alcoholic beverages, or in the advertisement of any beverage containing alcohol in ex- cess of one-half of one per cent (l/2 of 1%) by volume, when such sign is displayed anywhere outside the wells or enclosure of any building or structure where there exists a license or permit to sell alcoholic beverages . . . "The word 'billboard' es used herein shell mean a structure directly attached to the lend, or to any house or building, end having one (1) or more spaces used for displaying thereon a sign or advertisement of the alcoholic beverage business of any person engaged in the manufacture, sale or distribution of alcoholic beverages, or for the advertisement of any beverage containing alcohol in excess of one-half of one per cent (l/2 of 1s) by volume, whether or not such structure or sign be illuminated by artificial means. The term 'billboard' shall not be inclusive of any well or other pert of any structure used es a building, fence, screen, front or barrier. (Emphasis added.) The same Article in Section 4 thereof provides es follows: "It shell be unlawful for any person to erect, maintain or display any outdoor advertising, billboard, or electric sign not conforming in all respects to the provisions of this Act; and any billboard or electric sign displayed contrary thereto is hereby declared illegal equipment end subject to seizure end forfeiture es provided for such action in respect to illicit beverages end other illegal equipment under the provisions of this Act." After carefully observing the printed matter es shown on the exhibit of the sign contained in your letter there is no indication that the sign beers any "words, marks, description or other device used to advertise the alcoholic beverage business". Apparently the sign only beers the name of the establishment where something is sold since it uses the name Cecil's County Line Store. The geographical location is shown, however, such sign does not indicate that the store is a package store or a store where alcoholic beverages are sold. Honorable Nelson Quinn, Page 3 (WW-1109) In Opinion No. V-305 the Attorney General discusses the defi- nitions of "signs" and "outdoor advertising", e copy of such opinion is attached hereto for your information. Since the sign does not beer any words, marks, description or other device which are used to advertise the alcoholic beverage business, we do not believe that such sign under the stated facts violates the pro- visions of Article 667~24e, V.P.C. SUMMARY Outdoor advertising by billboard or electric sign which does not beer any words, marks, description or other device to advertise the alcoholic beverage business, does not violate Article 667~24e, V.P.C. Very truly yours, WILL WILSON Attorney General of Texas BY Harris Toler Assistant Attorney General RT/br APPROVED: OPINION COMMTITEE Henry Breswell, Cheirman Grady Chandler Gilbert Hargreve Elmer McVey Fred Werkenthin REVIEWED FORTHEATTORNEY GENERAL By: Houghton Brownlee