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by O.F.Fascist
Sun Apr 29, 2018 12:14 am
Forum: General Texas CHL Discussion
Topic: Bar with no 51% sign
Replies: 37
Views: 11392

Re: Bar with no 51% sign

Grundy1133 wrote:So I visited this establishment with my girlfriend. As we approached I saw their blue "Unlicensed possession" sign. After we entered I noticed there were no food sales. it was essentially a bar or a pub. all they had was different ales and hard liquors. I never planned on coming back to this place anyway so I asked the guy behind the counter if this was a 51% establishment. he replied with Yes it is. So I asked Where's your 51% sign? He just kinda looked at me and said "Well... We don't have one." I said oh. ok. then he asked "Well you're not open carrying are you?" (I was concealed carrying but i didn't wanna volunteer that info) so i just said "No I'm not open carrying." after that, we left. Now my question would be, couldn't they get into a LOT of trouble for not having a 51% sign when in fact 51% of their sales comes from alcohol that's consumed on the property? And should I notify TABC that they don't have a 51% sign displayed?
Don't report them. Bars are supposed to post 51% signs but it is not your obligation to inform them or to inform the government.

If you find a bar that isn't posted 51% it is a defense to prosecution if you are caught carrying there.

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
...
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
http://www.statutes.legis.state.tx.us/D ... tm#411.204
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).
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