Fuzzy's Tacos 30.07 posted

[chasfm11]

I'm good friends with an owner of several Fuzzy's locations. He is very pro-gun

He says that the 30.07 are there because of reporting requirements resulting from the TABC license. If I'm paraphrasing him correctly, his concern is about an OC incident in which the police are called by an irate customer. There was a Fuzzy's location where a black powder group went after an event. I talked with the police officer who handled that one. He said that the customer who reported it was hysterical over the sight of the holstered black powder guns but won't leave and wanted the officers to arrest the gun carriers. Of course, black power was legal to display so no arrests were possible and no one other than the woman (and her kids, by the way) was concerned.

I don't understand the TABC reporting requirements for such events so I cannot judge the validity of the concern. I can understand someone not wanting to put their alcohol license in jeopardy.

[Keith B]

I don't understand the TABC reporting requirements for such events so I cannot judge the validity of the concern. I can understand someone not wanting to put their alcohol license in jeopardy.

I believe the concern is that if someone is actually not licensed and openly carrying a handgun, then Fuzzy's is in violation of TABC rules by allowing them to stay. I have heard that some TABC officers have said the business must verify the person carrying the handgun is licensed, and I know many LTC holders will refuse to show their license to anyone except a LEO.

I believe TABC should allow a business to assume if a person is carrying openly that they are licensed because of the law, but apparently they don't. It's splitting hairs on the rules, but they could possibly be written up for a violation and then have their liquor license suspended pending a hearing.

[flowrie]

I'm OK with 30:07.
If you OC, just put on a light jacket or untuck your shirt.
If you don't like it, then go somewhere else, I'm OK with that too.

I believe a business owner has the right to decide what is best for his/her business. If that includes turning away some OC business, then he/she has factored that into their business decision.

I'm not against OC, just tired of hearing the complaints.

[jkurtz]

I don't understand the TABC reporting requirements for such events so I cannot judge the validity of the concern. I can understand someone not wanting to put their alcohol license in jeopardy.

I believe the concern is that if someone is actually not licensed and openly carrying a handgun, then Fuzzy's is in violation of TABC rules by allowing them to stay. I have heard that some TABC officers have said the business must verify the person carrying the handgun is licensed, and I know many LTC holders will refuse to show their license to anyone except a LEO.

I believe TABC should allow a business to assume if a person is carrying openly that they are licensed because of the law, but apparently they don't. It's splitting hairs on the rules, but they could possibly be written up for a violation and then have their liquor license suspended pending a hearing.

The business is not required to verify that the person is licensed and they are discouraged to do so.

From the TABC website:

Regarding the obligation of a TABC license or permit holder to verify the License to Carry a handgun (LTC) of a person in possession of a handgun on a TABC-licensed premise:

The Open Carry law did not change the Alcoholic Beverage Code regarding verification of handgun licenses.


There is nothing in the Alcoholic Beverage Code specifically requiring TABC license/permit holders to ask a person to present his/her License to Carry a handgun (LTC), nor do we encourage them to do so.

https://www.tabc.state.tx.us/

[chasfm11]

I don't understand the TABC reporting requirements for such events so I cannot judge the validity of the concern. I can understand someone not wanting to put their alcohol license in jeopardy.

I believe the concern is that if someone is actually not licensed and openly carrying a handgun, then Fuzzy's is in violation of TABC rules by allowing them to stay. I have heard that some TABC officers have said the business must verify the person carrying the handgun is licensed, and I know many LTC holders will refuse to show their license to anyone except a LEO.

I believe TABC should allow a business to assume if a person is carrying openly that they are licensed because of the law, but apparently they don't. It's splitting hairs on the rules, but they could possibly be written up for a violation and then have their liquor license suspended pending a hearing.

The business is not required to verify that the person is licensed and they are discouraged to do so.

From the TABC website:

Regarding the obligation of a TABC license or permit holder to verify the License to Carry a handgun (LTC) of a person in possession of a handgun on a TABC-licensed premise:

The Open Carry law did not change the Alcoholic Beverage Code regarding verification of handgun licenses.


There is nothing in the Alcoholic Beverage Code specifically requiring TABC license/permit holders to ask a person to present his/her License to Carry a handgun (LTC), nor do we encourage them to do so.

https://www.tabc.state.tx.us/

If there is misinformation being circulated, I'm certainly anxious to help get it fixed. I get it that some restaurants might be concerned about patrons seeing another patron OCing but it does seem that a lot of the 30.07 posted places sell alcohol by the drink. I cannot explain why all of the restaurants haven't taken the same approach if it is indeed a TABC misunderstanding. I'll go back and ask my questions again and see if I can get clarification about the specific concern.