Restaurant carry

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srothstein
Senior Member
Posts in topic: 1
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Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: Restaurant carry

#16

Post by srothstein »

Tex1961 wrote: Thu Feb 11, 2021 10:59 am It gets a little tricky with restaurants that have a dedicated bar inside... My understanding is that while you may sit in the restaurant area while carrying, you may not sit at the bar itself. Chili's restaurants is a good example of this.. Many of them have a dedicated bar inside where you cannot sit and drink while carrying...

Somebody please correct me if I am wrong... This very scenario was brought up in my instructor class and so was Chili's...
The correct answer, based on my training, is that this is correct only if the bar is run as a separate business from the restaurant AND if the license had the area of the restaurant drawn off as not included in the license. Then the bar area would probably be a 51% location and carry would be illegal. There would be red 51 signs required at the entrance to the bar.

I have seen this in a few hotels where the restaurant and bar are contracted out and not part of the hotel. Different contractors might get the different businesses. A quick way to tell if this is true is if you can get a drink at your table (or in your room). If the bar is serving drinks in the restaurant area, it is one license and it is highly unlikely the bar has a 51% license. Chili's is a perfect example of the bar being in a single restaurant that covers the whole premises and is not 51% because of the food served.

Of course, you always have to be wary of carrying while intoxicated if you do drink. You are probably legally intoxicated (as in cannot pass a field sobriety test) way before you think you are intoxicated.
Steve Rothstein
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