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ScottDLS wrote: ↑Tue Jul 04, 2023 7:05 pm

srothstein wrote: ↑Mon Jul 03, 2023 5:41 pm This has been a problem since the 51% rules was created by the legislature. The problem is that the law only allows one license or permit at any single location at any time. It defines the premises as everything including the parking lot. So if a vendor in a building gets a license or permit, the whole building is covered as the premise. The law does allow the applicant to mark off a portion of a premise to be not covered. So, using a shopping mall as an example, marking off the premise as just the actual single store means that it doesn't make the whole mall off limits. It also has the side effect of allowing multiple licenses in the one building as long a they each mark off a portion that only applies to them and it doesn't overlap. As noted, this explains why you will sometimes see signs saying no alcoholic beverages beyond this point, as that is the edge of the marked off premise.

But, and I have always used a bowling alley as my example, if the contractor does not mark off the portion of the building, then the whole building including the lot is included. I use bowling alleys because the bar would not exist if they did not allow the drinks to be carried to the lanes (well, the alley might not exist long either). We have also seen this with stadiums, theaters, and opera houses where they want to have more than one snack bar selling alcohol.

And to confirm, as of my typing this, Bass Hall has a red sign in the TABC public inquiry system with the contractor name of Arts Amenities, Inc.
EDIT: I see this point was resolved while I was researching and typing this.

I don't see how the parking lot gets covered. The penal law that one would supposedly be charged under for carrying in the parking lot is 46.03 and in that section "premises" is clearly defined as

(4) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

I guess the TABC definition would apply for the purposes of licensing, but for the Penal Code, parking lots are specifically excluded.

I agree with you on what the law says. My understanding of cases where there is a conflict between sections of code is that the newer law takes precedence. That would be the definition in 46.03, especially since it applies to that specific charge. But I point it out more so that you can be more aware of it, because I do not trust DAs and judges to uphold he law as they should, especially in places like Austin and Houston. While it should never happen to anyone, at least in those cases you should win the appeal if it does happen.

This has been a problem since the 51% rules was created by the legislature. The problem is that the law only allows one license or permit at any single location at any time. It defines the premises as everything including the parking lot. So if a vendor in a building gets a license or permit, the whole building is covered as the premise. The law does allow the applicant to mark off a portion of a premise to be not covered. So, using a shopping mall as an example, marking off the premise as just the actual single store means that it doesn't make the whole mall off limits. It also has the side effect of allowing multiple licenses in the one building as long a they each mark off a portion that only applies to them and it doesn't overlap. As noted, this explains why you will sometimes see signs saying no alcoholic beverages beyond this point, as that is the edge of the marked off premise.

But, and I have always used a bowling alley as my example, if the contractor does not mark off the portion of the building, then the whole building including the lot is included. I use bowling alleys because the bar would not exist if they did not allow the drinks to be carried to the lanes (well, the alley might not exist long either). We have also seen this with stadiums, theaters, and opera houses where they want to have more than one snack bar selling alcohol.

And to confirm, as of my typing this, Bass Hall has a red sign in the TABC public inquiry system with the contractor name of Arts Amenities, Inc.
EDIT: I see this point was resolved while I was researching and typing this.