TABC Code - Texas Alcoholic Beverage Commission

erect and maintain one sign at each entrance or side of a building occupied by the retail licensee or
permittee if the building faces more than one street or highway. Signs erected pursuant to this subsection
shall comply with all local regulations concerning the erection of signs.
Sec. 108.53. BILLBOARDS AND ELECTRIC SIGNS: WHEN PERMIT IS REQUIRED.
(a) No person may erect a billboard or electric sign advertising an alcoholic beverage within 200 feet of a
retail establishment authorized to sell that beverage unless he has first obtained a permit for that purpose
from the commission. No permit is required for a billboard or electric sign that is not located within 200
feet of a retail establishment authorized to sell the advertised alcoholic beverage.
(b) The commission or administrator shall provide permit application forms, which may
contain any information the commission or administrator deems necessary. The application shall contain a
statement that the erection or maintenance of the billboard or electric sign will not have the effect of
advertising or directing patronage to a particular retail establishment authorized to sell alcoholic
beverages. Application shall be made under oath, addressed to the commission or administrator.
(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.
(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.
Sec. 108.54. NONCONFORMING OUTDOOR ADVERTISING: SEIZURE, REMOVAL.
(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.
(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.
Sec. 108.55. LOCAL REGULATION OF BILLBOARDS, ELECTRIC SIGNS. 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.
Sec. 108.56. DRY AREAS. (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.
(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:
(1) the premises that the billboard advertises is located in a county with a population
of 250,000 or less; and
(2) the billboard is within 1,500 feet of the premises that the billboard advertises; and
(3) a United States highway that merges into and becomes an interstate highway
separates the premises and the billboard; or
(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.
SUBCHAPTER C. INDUSTRY PUBLIC ENTERTAINMENT FACILITIES ACT
Texas Alcoholic Beverage Code (2009) 157