Untitled Texas Attorney General Opinion ( 1949 )

THEAV-J?ORNEYGENERAL OF TEXAS PRICEDANIEL .mTORNEY GENERAL Hon.JohnLawhon opztion AQ, V-88$ Aamini8tPator Texas Liquor Control Board Ret Whether alcoholic Au&l& Texas beverage8 may be advertisedby atPeameP~ attadled to an afrplane. Dear Mr. kwhonr Your letter of July 8, 1949, mqu~rtlng 8n ~pithn, re8as 8s f0ii0~6: "I 8nlinclosing 8 letter from Bryan, S&i aa Bering of.Houston In which they request that clients or theirs be permitted30 aavertise al- coholic beverages by towlng~streamersatt8ohed to an airplane. An explanationof their proposed method of operation is fully net out In the let- ter and a sample photograph is attaohed thereto. “There haa never been a &+srtmentkl lnter- pretation of thi8 particularmethod of aavertlr- ing alcoholic beverages. In my opinion this method of aavertilrlngalcoholic beverages would be prohibited in view of the aeflnltlon of out- aoor advertisingoontained in Article 667, Sec- tion 24-81, Pen81 Code of Texar. "Please give UIIyour V8h3a Opinion 88 to whether their method ia permissibleunder t$e provisions of the Texas Liquor Control Aot. From the aercriptivematerial, we gather t'h8t the streamers are of a type which have come into resent use for advertiaingpurpo8e8. They consist of large letters and figures m8de of rigid msterlal of suffiaient aY.xeto be intelligiblefrom the ground when displayed at v8riow3 flying altitudea. The letters are joined together by wires or litms attached to each and 8rranged 190that when the plane ia In flight they stream aavertlrlngme8- aages. Hon. John Lawhon, pag6 2, v-884 Se&Ion 1 of Art&lo 667-24a, V*P.C., tbfinw “outdooradvertising”as follows: “The term loutdooradv6rtisingtas used heroin shall mean any sign bearlng any words, marks,,drsariptionOP other devioe and used to advertise the alcoholic beverage business of any psrson ongaged In ths m&nufaWzres salo or distributionof aleoholle beverages, OP in the advertlsemsntof any beverage oontaining alao- ho1 in lxaoss of ona-half of one per oent (4 ot 3$) bj velums, when such 8Ign is displayed anywhere otatsldothe walls or bII&&SUN of any builddingor S~PUQ~UP@ wham there exists a lioense,orpar&t to sell aldoholie bevarages. . . l . !&at definitionwas acnstrued in Attorney @one+ al Opinion V-305, rendered July 16, 1947, to inoludo all outdoor signs displayed anywhsre other than inside the wrllsd premIsea o? a permittee. Seotion 2 of the same Artiale prohibits all swh outdoor tivertisingexaept as lxpresrlj prorldod. Certain billboards, eleotlon signsI and other sign8 are authorlsed under stated airmunstances,none of whloh InQlude the type of sQn proposed to be used in the manner described. You are therefore advised that, in our opinion, the use of suah striamers Is prohibited. AIrplan* streamer signs may not be $f&y used to advertise aloohollc beverages, 667~24a, V.P.0, Yours very truly