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Keith B wrote:

ScottDLS wrote:

ninjabread wrote:

Keith B wrote:

BBYC wrote:“Premises” means a building or a portion of a building

Not by TABC terms. The 'licensed premises' is defined as the area where they can serve alcohol for on-premise consumption. It may normally not include the parking lot, but they also may get a temporary license to cover sale and consumption in the parking lot and then it would be off-limits. Best bet on these, if it's a bar and beside the business in their private parking area, and they are predominately selling alcohol, then it will be 99% a no-go.

What would an honest peace officer arrest for? 46.035 clearly says "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.

The law is quite clear. The parking lot doesn’t meet the definition of the offense charged regardless of the TABC license considerations.

I agree, but the TABC officer may not look at the definition when making the arrest, even though it's not valid. Just saying they really need to make sure they change this and make it match TPC.

Keith B wrote:

BBYC wrote:“Premises” means a building or a portion of a building

Not by TABC terms. The 'licensed premises' is defined as the area where they can serve alcohol for on-premise consumption. It may normally not include the parking lot, but they also may get a temporary license to cover sale and consumption in the parking lot and then it would be off-limits. Best bet on these, if it's a bar and beside the business in their private parking area, and they are predominately selling alcohol, then it will be 99% a no-go.