Question on Assisted Living facilities

[SigM4]

So, question for anyone that might know; the Texas Department of Aging and Disability recently told a buddy that they have to put up a 30.06 sign at a senior living facility that he oversees. The facility is an assisted living (think apartments) facility that has a staff that helps residents in their later years maintain semi-independent living arrangements. For the life of me I can't find anywhere that outlines these types of facilities being an off-limits location, only that nursing home (which this is not) are off-limits if posted. However, I can't fathom that this department has the authority to compel them to post a 30.06 sign. Any thoughts from the group?

[joelamosobadiah]

So, question for anyone that might know; the Texas Department of Aging and Disability recently told a buddy that they have to put up a 30.06 sign at a senior living facility that he oversees. The facility is an assisted living (think apartments) facility that has a staff that helps residents in their later years maintain semi-independent living arrangements. For the life of me I can't find anywhere that outlines these types of facilities being an off-limits location, only that nursing home (which this is not) are off-limits if posted. However, I can't fathom that this department has the authority to compel them to post a 30.06 sign. Any thoughts from the group?

Nothing like that is on the books that I know of. I would suggest your friend request the regulation stating this requirement. My guess is it's the case of somebody said that.... and there is nothing concrete to back it up

[SewTexas]

nope, not required. Tell your buddy to tell the TDAD to show him where it's required in the law, that ought to keep them busy.

[cbunt1]

I need to look into this a little deeper too. A friend works in this type of center, and was told by a regulator that the 30.06 signs must be posted, during an audit (In fact, it was documented as a write-up at the time).

My friend no longer works at this particular facility, but I began researching it some time ago. I did find some references within the DADS documentation, but was never able to confirm how current the regulations were at the time, nor their actual applicability.

To me, it was/is clear that there's an intent on behalf of the agency to circumvent the CLEAR intent of the Texas legislature (let's remember that hospitals and similar facilities were originally statutorily off-limits, and no longer are), but I never spent the time to put together the "paper trail."

So I'd say that it's time we (I'll help) dig deeper into this...there *is* something to it, and it is being propagated throughout "the system" by someone, be it the regulatory agency itself, or its auditors.

It's not totally bunk, and unless something has changed, isn't worthy of outright dismissal. I'm sorry I let it drop and started chasing other squirrels now.

[Pawpaw]

I'll bet the're referencing this:

GC §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”.
(c) The sign required under Subsections (a) and (b) must give notice in
both English and Spanish that it is unlawful for a person licensed under this
subchapter to carry a handgun on the premises. The sign must appear in
contrasting colors with block letters at least one inch in height and must include
on its face the number “51” printed in solid red at least five inches in height. The
sign shall be displayed in a conspicuous manner clearly visible to the public.
(d) A business that has a permit or license issued under the Alcoholic Beverage
Code and that is not required to display a sign under this section may be required
to display a sign under Section 11.041 or 61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food and beverage
certificate issued under the Alcoholic Beverage Code.

It basically requires them to post the TABC "red" sign, minus the red "51%".

Since this sign, no matter what it says, does not make it unlawful for a CHL to enter with a handgun, I would bet someone has taken it upon themselves to "toughen it up."

[VMI77]

So, question for anyone that might know; the Texas Department of Aging and Disability recently told a buddy that they have to put up a 30.06 sign at a senior living facility that he oversees. The facility is an assisted living (think apartments) facility that has a staff that helps residents in their later years maintain semi-independent living arrangements. For the life of me I can't find anywhere that outlines these types of facilities being an off-limits location, only that nursing home (which this is not) are off-limits if posted. However, I can't fathom that this department has the authority to compel them to post a 30.06 sign. Any thoughts from the group?

My mother is in an assisted living facility and they don't have any signs posted.

[ScottDLS]

I'll bet the're referencing this:

GC §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”.
(c) The sign required under Subsections (a) and (b) must give notice in
both English and Spanish that it is unlawful for a person licensed under this
subchapter to carry a handgun on the premises. The sign must appear in
contrasting colors with block letters at least one inch in height and must include
on its face the number “51” printed in solid red at least five inches in height. The
sign shall be displayed in a conspicuous manner clearly visible to the public.
(d) A business that has a permit or license issued under the Alcoholic Beverage
Code and that is not required to display a sign under this section may be required
to display a sign under Section 11.041 or 61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food and beverage
certificate issued under the Alcoholic Beverage Code.

It basically requires them to post the TABC "red" sign, minus the red "51%".

Since this sign, no matter what it says, does not make it unlawful for a CHL to enter with a handgun, I would bet someone has taken it upon themselves to "toughen it up."

This is to protect CHL's against the imminent threat of drunk nursing home patients.