Author Topic: 51% Sign situations  (Read 626 times)

Jay

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51% Sign situations
« on: May 26, 2017, 10:57:24 AM »
The specifics of the 51% law are very clear, but I have recently encountered 2 situations that are not clear.
1. A pizza place that sells beer/wine, pizza & pasta. Its clear that they sell much more food than alcohol, but they have a 51% sign posted. I asked the owner and he said "its a family place and we don't want guns". Definitely, they have the wrong sign posted.  What is the concealed carry status here?

2. Almost the opposite situation is a place that is a full bar, sells no food, sales are clearly much more than 51% alcohol, but no sign is posted. Is it OK, under the law, to conceal carry here?

jimbob

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Re: 51% Sign situations
« Reply #1 on: May 26, 2017, 06:36:11 PM »
The Texas Alcohol Beverage Commission (TABC) website lets you to search establishments to find out if they are a Red (51%) or Blue establishment.  http://www.tabc.texas.gov/PublicInquiry/Status.aspx

Restaurants can't just post a Red sign to keep CHL holders out. For that they need to post 30.06 and 30.07 signs.

Bodeneth

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Re: 51% Sign situations
« Reply #2 on: June 02, 2017, 09:39:51 AM »
Ive been playing with the TABC site, putting in different businesses to see what their status is in regards to the 51% thing. I find the website useless. I put in a few different businesses and all came up with no records found. What use is a site like this that doesnt work?


TexasLawShield

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Re: 51% Sign situations
« Reply #3 on: June 05, 2017, 04:58:57 PM »
Jay,

This is a good question. We need to look at TPC 46.035.
(b)  A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1)  on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Even if the establishment does receive derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, you are provided a defense to prosecution if the establishment does not post a sign.
In the situation where the business has a sign but does not actually derive enough income from on premise consumption of alcohol, while you should eventually be cleared of any charges because the establishment does not qualify under 46.035, you would likely be tied up in the legal system until the details were sorted out. A better option is to notify TABC of the improper posting and they can require the signs removal as well as fine the establishment for the improper posting.