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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

(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. (5256)

(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. (5257)

Acts 1977, 65th Leg., p. 521, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1997, 75th Leg., ch. 62, Sec. 2, eff. Sept. 1, 1997. (5258)

Sec. 108.54. NONCONFORMING OUTDOOR ADVERTISING: SEIZURE, REMOVAL. (5259)(Text)

(a) No person may erect, maintain, or display any outdoor advertising, billboard, or electric sign which does not conform in all respects to the provisions of this code. A billboard or electric sign that does not conform is illegal equipment which is subject to seizure and forfeiture as provided in this code. (5260)

(b) The owner of any outdoor advertising that does not conform to the provisions of this code is responsible for removing it from public view immediately, and the failure to do so is a violation of this code. (5261)

Acts 1977, 65th Leg., p. 522, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5262)

Sec. 108.55. LOCAL REGULATION OF BILLBOARDS, ELECTRIC SIGNS. (5263)(Text)

No person may erect or maintain a billboard, electric sign, or any outdoor advertising in violation of an ordinance of an incorporated city or town. (5264)

Acts 1977, 65th Leg., p. 522, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5415, ch. 1005, Sec. 1, eff. Sept. 1, 1983. (5265)

Sec. 108.56. DRY AREAS. (5266)(Text)

(a) Except as provided by Subsection (b), no person may erect or maintain a billboard or electric sign in an area or zone where the sale of alcoholic beverages is prohibited by law. (5267)

(b) A person may erect or maintain a billboard in an area or zone where the sale of alcoholic beverages is prohibited by law if: (5268)

(1) the premises that the billboard advertises is located in a county with a population of 250,000 or less; and (5269)

(2) the billboard is within 1,500 feet of the premises that the billboard advertises; and (5270)

(3) a United States highway that merges into and becomes an interstate highway separates the premises and the billboard; or (5271)

(4) the billboard is located adjacent to a wet precinct separated by a United States highway that merges into and becomes an interstate highway in a county with a population of 250,000 or less and advertises directions to a winery located in the adjacent wet precinct. (5272)

Acts 1977, 65th Leg., p. 522, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1997, 75th Leg., ch. 1264, Sec. 1, eff. June 20, 1997. (5273)

SUBCHAPTER C. INDUSTRY PUBLIC ENTERTAINMENT FACILITIES ACT (5274)(Text)
Sec. 108.71. PURPOSE. (5275)(Text)

This subchapter governs the statutory duties, rights, and relations among licensees and permittees operating under this subchapter, including their relations with the owners and operators of public entertainment facilities. This subchapter expressly authorizes alcoholic beverage distillers, manufacturers, distributors, and wholesalers, except as provided by Section 108.74, to promote and sponsor events and advertise alcoholic beverage brands and products at public entertainment facilities without establishing unlawful intertier relations, including with retail permittees operating at those facilities. (5276)

Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1, 2003. (5277)

Sec. 108.72. SHORT TITLE. (5278)(Text)

This subchapter may be cited as the Industry Public Entertainment Facilities Act. (5279)

Added by Acts 2003, 78th Leg., ch. 946, Sec. 1, eff. Sept. 1, 2003. (5280)

Sec. 108.73. DEFINITIONS. (5281)(Text)

In this subchapter: (5282)

(1) "Independent concessionaire" means a licensed or permitted member of the retail tier or a holder of a private club permit, caterer's permit, or food and beverage certificate who: (5283)

(A) has a written concession agreement from the owner, operator, or lessee of a public entertainment facility; (5284)

(B) receives no monetary benefit, directly or indirectly, by any scheme or device or in any form or degree from the alcoholic beverage industry including a benefit in the form of capital improvements, furniture, fixtures, or equipment, unless otherwise authorized by this code or commission rules; and (5285)

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