TABC Question

[NcongruNt]

To be sure, check the TABC Public Inquiry System to see if they have a license or permit at all.

This could be a very useful system for "checking" a location beforehand to see if they're 51% or not IF it actually stated they were 51% or not. Unfortunately, it doesn't..

I agree. I have tried to get that part put in and met resistance on how private the information is supposed to be.

But, it will tell you if they have a license at all, such as in this case. And if they have a FB (food and beverage subordinate permit), it cannot be 51%. This will help in some cases.

Thanks for your efforts, Steve. I'm perplexed as to why displaying whether an establishment is 51% or not would somehow be a privacy issue. After all, any licensed establishment must show their license to anyone who asks, so the information is essentially public anyway. What about releasing 51% status did they consider a breech of private information?

As we discussed a while back regarding Zona Rosa here in Austin, they are an all-ages venue and charge relatively steep admission to shows - facts that put in doubt in my mind whether they were indeed 51%. I was unable to get a specific answer from the Sergeant I spoke to back then, and haven't been back to the venue since that time to view the license. If I were to have ready access to such information without having to physically return to the venue, it would make my decision to attend shows there much easier. Is there any way we as civilians can petition to get the system changed in the interest of records transparency?

[Vic303]

Hey, anyone know if there is a penalty for display of a 51% sign when you do NOT sell alcohol for consumption on prem? I am wondering, as the Mckinney Med Ctr IS posted with a 51% sign...

They're also properly posted 30-06 too on every entrance I can find...

[Keith B]

Hey, anyone know if there is a penalty for display of a 51% sign when you do NOT sell alcohol for consumption on prem? I am wondering, as the Mckinney Med Ctr IS posted with a 51% sign...

They're also properly posted 30-06 too on every entrance I can find...

Man, I know they charge a lot for medical supplies, but didn't realize they got THAT much for alcohol!!!

As far as I know, there is no penalty for posting any kind of sign, but it just isn't legally enforceable. But it is a moot point since they are 30.06.

[DoubleJ]

Hey, anyone know if there is a penalty for display of a 51% sign when you do NOT sell alcohol for consumption on prem? I am wondering, as the Mckinney Med Ctr IS posted with a 51% sign...

They're also properly posted 30-06 too on every entrance I can find...

Man, I know they charge a lot for medical supplies, but didn't realize they got THAT much for alcohol!!!

As far as I know, there is no penalty for posting any kind of sign, but it just isn't legally enforceable. But it is a moot point since they are 30.06.

well, people DO go there to get a shot!
whether it be in a needle or a glass is anyone's guess...

[Mike1951]

Hospital 51 signs have been discussed several times here.

This is the best explanation I could find for them.

by srothstein on Sun Nov 11, 2007 10:06 pm

You have to understand the history and the politics of the law to see why these locations are done that way. When the CHL law was first posted, there was no requirement for the notice in the law. The locations were just prohibited places for CHLs. As time went by, more legislators came around to realize that there was nothing really special about these places. The law was modified to allow these places. But they also have some very powerful lobbyists and they wanted to remain. This is especially true about hospitals.

For a time, there was a legal requirement in the Occupations Code (IIRC) that all medical facilities post a notice banning weapons. It even required the exact same wording as the 51% sign but no red 51 (which is why some hospitals have the red 51 sign still - wrong then and still is but this is how it came about). The medical lobby is still pretty strong, so the easiest way around them politically is to leave the wording in, but add a requirement for the notice. After all, it is just fair to require the notice, right?

So this way, we end up with a law that only applies if the other law applies. Where it really has a potential problem for CHL's is if they do miss the sign and get caught. A really anti-gun DA could charge them with TWO class A's, 30.06 and 46.035 violations. I think you would win on appeal based on the theory that one act can only be banned by one law - similar laws must have some fact that differs for the counts to be separate, but I am not enough of a legal expert to know for sure. I do know that if the DA charges you with two counts, it is much easier to get a plea bargain for one.

[dieselgeek]

What I can not understand is why they are required to put up anything and most of them are putting up 30.06/07’s

[Tex1961]

What I can not understand is why they are required to put up anything and most of them are putting up 30.06/07’s

Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".