TABC Code - Texas Alcoholic Beverage Commission

(2) "Billboard" means a structure directly attached to the land, a house, or a building
having one or more spaces used to display a sign or advertisement of an alcoholic beverage or a person
engaged in the manufacture, sale, or distribution of alcoholic beverages, whether or not the structure is
artificially lighted. "Billboard" does not include a bench or a wall or other part of a structure used as a
building, fence, screen, front, or barrier.
(3) "Electric sign" means a structure or device other than an illuminated billboard by
which artificial light produced by electricity is used to advertise the alcoholic beverage business by a
person who manufactures, sells, or distributes alcoholic beverages or to advertise an alcoholic beverage.
Sec. 108.52. PERMISSIBLE OUTDOOR ADVERTISING. (a) No outdoor advertising is
permitted in this state except that which is authorized by this section or under rules of the commission or
administrator promulgated pursuant to Section 108.03 of this code.
(b) Billboards and electric signs are permitted if they are not located in a manner contrary to
this code.
(c) Retail licensees and permittees may erect or maintain one sign at each place of business
which may read as follows:
(1) if a beer retailer, the sign may read "Beer";
(2) if an off-premises beer retailer, the sign may read "Beer" or "Beer to Go";
(3) if a wine and beer retailer, the sign may read "Beer," "Beer and Wine," or "Beer,
Wine and Ale";
(4) if a wine and beer off-premises retailer, the sign may read "Beer," "Beer to Go,"
"Beer and Wine," "Beer and Wine to Go," "Beer, Wine and Ale," or "Beer, Wine and Ale to Go";
(5) if a package store permittee, the sign may read "Package Store," "Liquors," or
"Wines and Liquors," and if a retail dealer's off-premise license is also held, the sign may read "Package
Store," "Wines, Liquors and Beer," or "Wine, Liquors and Beer to Go"; or
(6) if a wine only package store permittee, the sign may read "Wine" or "Wines,"
and if a retail dealer's off-premise license is also held, the sign may read "Wines and Beer," "Wine and
Beer," or "Wine and Beer to Go."
(d) A sign erected under Subsection (c) of this section may be placed inside or outside the
place of business so as to be visible to the general public. None of the letters on a sign may be more than
12 inches in height, and no sign may contain any wording, insignia, or device representative of the brand
or name of an alcoholic beverage. The commission or administrator may permit a licensee or permittee to
erect or maintain one sign at each entrance or side of a building occupied by him if it faces more than one
street or highway.
(e) Billboards, electric signs, or other signs to designate the firm name or business of a
permittee or licensee authorized to manufacture, rectify, bottle, or wholesale alcoholic beverages may be
displayed at the licensee's or permittee's place of business.
(f) A display composed of alcoholic beverages or printed or lithographed material
advertising alcoholic beverages located inside the licensed premises is permitted if the alcoholic
beverages or advertising material is not placed within six inches of a window or opening facing a street,
alley, or highway. A card or certificate of membership in an association or organization is not
"advertising material" for the purpose of this subsection if it is not larger than 80 square inches.
(g) Outdoor advertising of an alcoholic beverage or of the business of any person engaged in
the manufacture, sale, or distribution of an alcoholic beverage is permitted to be placed on or affixed to a
bench unless:
(1) the advertising is prohibited by an ordinance of an incorporated city or town; or
(2) the advertising is in an area or zone where the sale of alcoholic beverages is
prohibited by law.
(h) In addition to the signs authorized by this section, any retail licensee or permittee whose
trade name or corporate name includes one or more of the words or phrases regulated by Subsection (c) of
this section may also have one sign designating the trade name or corporate name of the retail licensee’s
or permittee’s business. The commission or administrator may permit a retail licensee or permittee to
Texas Alcoholic Beverage Code (2009) 156