replied 4 years ago.
First off, we must start with Section 108.07, which states:
§ 108.07. Advertising of Mixed Beverage Establishments
The provisions of this code applicable to outdoor advertising and to advertising in or on the premises do not apply to establishments for which a mixed beverage permit has been issued. The commission or administrator shall promulgate reasonable rules relating to that type of advertising, and violation of any of those rules is a violation of this code.
That being said, this would mean that neither Sec. 108.52. or Sec. 108.53 apply to signs located ON THE PREMISES of your bar.
(capitals for emphasis)
What does apply to signs ON YOUR PREMISES will be found in the TABC regulations. As you have pointed out in your question, the main regulation is found in Reg Section 45.105.
That being said, your question is interesting, as 45.105 states that it applies to signs "on the licensed premises" and you are looking to put up an advertisement across the street on someone else's property. As the sign is no longer located on your premises, it falls back under the general regulations in TABC Code Sec. 108.53, meaning that it appears you will have to get a permit for the sign across the street (unless it is further than 200 feet away from the bar (measured from the property line).
Thus the sign must conform as follows:
§ 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 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.
Your signs cannot have anything that is deceptive (ie, misrepresentations), disparaging of a competitor, or is obscene or indecent.
The direct reference to the type of drinks sold on your sign could be possibly argued as an "advertisement" of the particular alcohol rather than as an advertisement for your bar. I have never experienced this interpretation and believe it would not hold up, but just in an over-abundance of caution, please see the following: You need to refrain from advertising liquor names on the sign, such as "1/2 off Jack Daniels" or the like or otherwise, the sign must follow TABC Regulations Sections 45.26-45.29. If you advertise "wine" it must be in conformity with TABC Regulations Sections 45.54 - 45.55; advertising "malt beverages" is controlled by sections 45.87 - 45.90.
Looking at the Guadalupe County information, I did not see any specific regulations regarding signs/bill boards. However, it probably wouldn't hurt to make sure by contacting the following to check for any permitting requirements for a sign that the county might have in addition to TABC:
Road and Bridge Department
2605 North Guadalupe
Seguin, Texas 78155
To sum up, unless the sign is more than 200 feet away, you have to get a permit and follow the sign restrictions on advertising. Please let me know if this answers your questions.
Best of luck,
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