Untitled Texas Attorney General Opinion ( 1963 )

-E ki7CTORh’EY @ENEEXAL
ol? TEXAS
April 24, 1963
Hon. Frank Briscoe Oplnion~No. c-65
District Attorney
Harris County Re: Whether the Texas Liquor
Houston, Texas Control Act prohibits the
advertising of alcoholic
beverages by employment of
handbills where such hand-
bills are delivered on
Dear Sir: prlvately.owned property.
You have requested an opinion of this office on the
following question:
"Whether the Texas Liquor Control Acts
prohibits the advertising of alcoholic
beverages by employment of handbills where
such handbills tre delivered on privately
owned property.
Article 666-50, Vernon's Penal Code, r,eadsas
follows:
"It shall be a violation of the law for
any person to advertise any alcoholic beverage
or the sale of any alcoholic beverage by the
employment or use of a sound vehicle, sound
truck or hand bills on any publit street,
alley, or highway In this State.
There are no court decisions or Attorney General's
opinions contruing,Article 666-50, Vernon's PentilCode.
Further, other sections of the Texas Liquor Control Act per-
taining to advertising are,not helpful In answering the
question presented.
The definition of Public Highway found in Black's
Law Dictionary, fourth Edition, does not Include privately
owned property. The definition is as follows:
"PUBLIC HIGHWAY, One under the control
of and kept by the public, established by
regular proceedings for the purpose, or
generallyused by the public for twenty
years; or dedicated by the owner of the soil
-319-
Hon. Prank Briscoe, page 2 (C- 65)
and accepted by the proper authorltles and
for the maintenance of which they aresrespon-
sible. State v. Gross, 119 N.C. 868, 26 S.E.
91.
"It includes roads, streets, alleys,
lanes, courts, places, trials, and bridges,
laid out or erected as such by the public,
or, if laid out and erected by other,
dedicated or abandoned to the public, or
made such in actions for the oartltlon of
real property. Pattzrson v. Munyan, 93
Cal. 128, 29 P. 250.
hit appears that the language of Article 666-50,
Vernon's Penal Code does not prohibit the advertising of
alcoholic beverages by employment of hand bills, as long as
other regulations.pertaining to advertising are complied
with, where such hand bills are delivered on privately owned
property.
SUMMARY
The Texas Liquor Control Act does not
prohibit the advertising of alcoholic beverages
by employment of hand bills when such hand bills
are delivered on privately owned.property.
Yours 'very truly,
WAGGONER CARR
Attorney General of Texas
-"Irwin R. Salmanson
Assistant Attorney General
1RS:cjs
APPROVED:
OPINION COMMITTRR:~
W. V. Geppert, Chairman
Scott Harrison
Edward R. Moffett
Malcolm Quick
APPROVRD FOR THE A'M'ORNHYGENERAL
By: Stanton Stone
-320-