16 TAC §45.105
The Texas Alcoholic Beverage Commission proposes amendments
to §45.105, relating to outdoor advertising by holders of Mixed Beverage
permits. Restrictions on outdoor advertising by alcoholic beverage licensees
and permittees are imposed by §108.52 of the Alcoholic Beverage Code.
Pursuant to §108.07 of the code, those restrictions do not apply to Mixed
Beverage permittees, however. The proposed amendment would operate to impose
the outdoor advertising restrictions applicable to retail sellers of beer
to Mixed Beverage permittees.
Lou Bright, General Counsel, has determined that for the first five-year
period the proposed amendment is in effect there will be no fiscal impact
on units of state or local government as a result of enforcing the proposed
amendment. The proposed amendment would govern the placement and content of
signs used by Mixed Beverage permittees, some of whom are small businesses.
The proposed amendment may, therefore, cause some fiscal impact to some small
businesses. The amount of that impact is not amenable to calculation as it
will vary widely from one establishment to another.
Mr. Bright has determined that the proposed amendment will benefit the
public by furthering the purposes underlying §108.52 of the Alcoholic
Beverage Code and by imposing uniform conditions on similarly situated businesses.
Comments should be addressed to Lou Bright, General Counsel, P.O. Box 13127,
Austin, Texas 78711.
This amendment is proposed under the authority of §5.31
of the Alcoholic Beverage Code, which authorizes the commission to prescribe
and publish rules necessary to carry out the provisions of the code. The amendment
is also proposed under the authority of §108.07 of the Alcoholic Beverage
Code, which authorizes the commission to adopt rules regulating outdoor advertising
by Mixed Beverage permittees.
Cross Reference: Alcoholic Beverage Code §108.07 is affected by this
amendment.
§45.105.[ Outdoor ] Advertising by Mixed Beverage Establishments.
(a)
This rule relates to §108.07 and §108.52
of the Alcoholic Beverage Code.
(b)
The holder of any permit allowing the
sale of mixed beverages shall conform to the same outdoor advertising standards
imposed by §108.52 of the Alcoholic Beverage Code pertaining to all other
retail licenses or permits.
(c)
The permissible advertising in or on the
premises of any location that holds a mixed beverage permit shall be the same
as the permissible advertising in or on the premises of any location holding
a license or permit to sell beer.
(d)
In addition to the restrictions imposed
by subsections (a) and (b) of this section, the
[
The
] holder
of any permit allowing the sale or service of mixed beverages may not advertise
any prices which may be seen from the street on any sign, billboard, marquee,
or any other display on or outside of the building or which may be seen from
outside of the building.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 30, 2003.
TRD-200302707
Jeannene Fox
Assistant Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: June 15, 2003
For further information, please call: (512) 206-3204