LDP,
To address your first question, generally, a seating area of a bar or restaurant will be included as part of it’s premises. Texas Penal Code § 46.035(f)(3) defines “premises,” as “a building or a portion of a building.” While the term specifically does not include a driveway, street, sidewalk, or parking areas, it would most likely include the seating area of a business’s front lawn or front patio. This would be especially true for a 51% business when alcoholic beverages are consumed on the patio or front seating area. Even though there are not four walls and a roof, the seating area could still be considered “a portion of a building.”
In regards to your second question, you are correct in that Section 411.204 of the Texas Government Code requires the 51% sign to be posted at the “entrance” of the building. Specifically, the statue requires, the sign to be prominently displayed and has sizing and color requirements as well. Under Texas Penal Code § 46.035(K), an LTC holder who is not given effective notice under the statue has a defense to prosecution for the crime of Unlawful Carrying of Handgun by License Holder under Texas Penal Code § 46.035(b)(1). Unfortunately, it is possible that failing to see a posted sign, may not be a strong enough argument to prove that effective notice was not given. Other factors, such as having been to the location before or recognizing that the location serves more alcohol than food, would be considered. Also, remember that a property owner can give you oral notice that LTC holders may not carry on their property.
It would be best practice for an establishment to post the 51% sign so that it is visible before you enter the seating area, but that is not always practical for the owner. If you would like to report a violation of Section 411.204, you may file a report with your local Texas Alcoholic Beverage Commission (TABC) office. The TABC provides a complaint form on their website at: https://www.tabc.texas.gov/forms/other.asp. You can also email your complaint to the TABC at complaints@tabc.texas.gov