51% Sign in a Restaurant Bar or Theater Bar

[JK29]

Question #1:

Sometimes I find myself carrying in a business (normally a restaurant or movie theater) when I see a 51% sign over the bar area... Does this mean the whole facility is off limits? Surely a Chillies, PappaDeaux, or a movie theater doesn't make the majority of their sales from booze.

Does this mean I just can't enter the bar area?

Question #2:

Does the 30.06 sign need to be posted at every entrance point of the building to be effective?

Bonus Question:

With no prior offences and the 30.06 violation being a Class A Misdemeanor. Would the penalty just be a fine without jail time? Doesn't seem that bad. I guess they would revoke your CHL though right?

Thanks,
JK29

[jkurtz]

Sometimes I find myself carrying in a business (normally a restaurant or movie theater) when I see a 51% sign over the bar area... Does this mean the whole facility is off limits? Surely a Chillies, PappaDeaux, or a movie theater doesn't make the majority of their sales from booze.

Does this mean I just can't enter the bar area?

I am pretty sure that 51% signs apply to the entire building, not just a portion of it. I would also doubt that a restaurant derives 51% of its sales from alcohol. It is likely they have the wrong sign posted. You can look it up on the TABC website.

Does the 30.06 sign need to be posted at every entrance point of the building to be effective?

No.

With no prior offences and the 30.06 violation being a Class A Misdemeanor. Would the penalty just be a fine without jail time? Doesn't seem that bad. I guess they would revoke your CHL though right?

Violation of a 30.06 or 30.07 sign has changed from Class A to Class C punishable by no more than a $200 fine. However, if you are given verbal notice to leave and still refuse, it will jump back to a Class A.

[bear94]

I personally check out the TABC public inquiry search engine to see what they should be posting. For instance, the BJ's in my area has the 51% sign in their bar area but the TABC website says that they should actually be posting the blue sign instead. As for your second one, iffy. My workplace has all the entrances posted with 30.06/07 signs except for one entrance so someone that doesn't work there going through that entrance wouldn't have been given notice. I guess if they go out through one of the other entrances then they'll know for next time. A 30.06/07 violation is a class C misdemeanor now.

[Unocat]

If I remember my classes the 51% sign affect the premises, meaning a building or a portion of a building. It is common to see a 51% sign over a hotel bar a but not elsewhere in the hotel or the entrances. I think the Driskill is like this. Basically don't hang out at the bar or bar area with your Carry. It is pretty common to see this.

[JK29]

Guys, yall are awesome!

Thanks for the prompt answers and information! That's exactly what I needed to know.

JK29

[JK29]

One more thing,

Since we're talking about the 51% sign. That is a felony if violated, correct?

Thanks again,
JK29

[Unocat]

One more thing,

Since we're talking about the 51% sign. That is a felony if violated, correct?

Thanks again,
JK29

It says it right on the sign... Felony warning. Up to 10 years imprisonment and 10k fine.

[The Wall]

Maybe they treat the bar and restaurant as two separate businesses in the same building. They keep bar sales separate which I guess would make the 51% sign appropriate.

[Keith B]

Maybe they treat the bar and restaurant as two separate businesses in the same building. They keep bar sales separate which I guess would make the 51% sign appropriate.

The 51% sign applies to the entire area where they allow you to drink alcohol. It is possible that the bar is a separate business and only provides the alcohol, but unless they make you stay in the bar area to drink it, then any area they allow you to take alcohol to would also be under the 51%. So, if it is a true 51% location with the sign like below, then the whole place is off limits. But as mentioned above, a restaurant that has one posted is probably not a 51% place. You can check their license here to see if it says RED (51%) or BLUE (not 51%) http://www.tabc.state.tx.us/PublicInquiry/Status.aspx

[TexasCajun]

One more thing,

Since we're talking about the 51% sign. That is a felony if violated, correct?

Thanks again,
JK29

Technically speaking, the violation would or would not occur regardless of the sign posted. The violation would depend on the TABC classification. Yes, the sign is supposed to serve as notice that you are either about to enter a prohibited place or a non-prohibited place. But if you do a search of this site and of other Texas concealed carry sites, you'll find that businesses are notoriously sloppy when it comes to posting the correct TABC signage. I could be wrong, but I believe that the confusion comes from TABC sending businesses both signs when they are initially licensed.

[JK29]

You guys are awesome. Thanks again!

[Lynyrd]

Bonus Question:

With no prior offences and the 30.06 violation being a Class A Misdemeanor. Would the penalty just be a fine without jail time? Doesn't seem that bad. I guess they would revoke your CHL though right?

Thanks,
JK29

As to revoking your CHL, I truthfully do not know. The laws changed this year and my knowledge is not complete regarding the changes in the law. Can someone weigh in on what it takes to get your LTC revoked now?

As for me, I would do my dead level best to never put my CHL/LTC in danger of being revoked. I'm too old to walk around defenseless.

[Unocat]

Here are the relevant portions of the Alcoholic Beverage Code Dated Sep 2015. I recommend reading it on the TABC site on not utilizing the below copies as there are clearly additions and strike-outs visible in the original. https://www.tabc.texas.gov/laws/code_and_rules.asp


Sec. 104.06. MONITORING OF GROSS RECEIPTS. (a) On the issuance and renewal of a license or permit that allows on-premises consumption of any alcoholic beverage the commission shall determine whether the holder receives, or for the issuance of a license or permit is to receive, 51 percent or more of the gross receipts of the premises for which the license or permit is issued from the holder’s sale or service of alcoholic beverages for on-premises consumption.
(b) The commission shall:
(1) adopt rules for making a determination under Subsection (a); and
(2) require a holder of a license or permit to provide any information or document that the commission needs to make a determination.
(c) If the commission makes a determination under Subsection (a) that a holder of a license or permit receives 51 percent or more of the gross receipts of the premises from the sale or service of alcoholic beverages, the holder shall comply with the requirements of Section 411.204, Government Code, Revised Statutes, and shall continue to comply with those requirements until the commission determines that the holder receives less than 51 percent of the gross receipts of the premises from the sale or service of alcoholic beverages for on-premises consumption.
----------------------------------

CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY
OF THE STATE OF TEXAS

SUBCHAPTER H. LICENSE TO CARRY A [CONCEALED] HANDGUN

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).
(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.
------------------------------------
PENAL CODE
CHAPTER 46. WEAPONS

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(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;
(c) 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, in the room or rooms where a [at any] meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

NOTE: The text of Section 46.035(g), (h) and (j) listed above is effective January 1, 2016 (as amended by HB 910, 84th Legislature). The following text of 46.035(g), (h) and (j) is effective August 1, 2016 (as amended by SB 11, 84th Legislature).

(g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

NOTE: In Section 46.035, Subsections (a-1) - (a-3),(b)(2) - (b)(6), (d) - (f), (h-1), (i), (k), and (l) were omitted in this document because they are not applicable to TABC.

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun;
(C) a short-barrel firearm; or
(D) a firearm silencer;
(2) knuckles;
(3) armor-piercing ammunition;
(4) a chemical dispensing device;
(5) a zip gun; or
(6) a tire deflation device.
(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
(1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;
(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
(e) An offense under Subsection (a)(1), (3), (4), or (5) is a felony of the third degree. An offense under Subsection (a)(6) [(a)(9)] is a state jail felony. An offense under Subsection (a)(2) [(a)(5)] is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
(1) provided by the Texas Commission on Law Enforcement; or
(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

[Scott in Houston]

9 times out of 10, when you see a 51% sign for just a certain area of an establishment (e.g. movie theater bar, hotel bar, restaurant bar, etc) the sign is in error.

The 4 Seasons in Houston does this. I've looked at their license that sits right next to the 51% sign and it says "Gun Sign: Blue"
I pointed it out to them multiple times and they don't care.

As stated above, check the TABC site or just look at their license as it's required to be publicly displayed.
The license is all that matters as to whether you're truly legal to be armed. However, keep in mind that if by some reason you were found carrying, you might get arrested anyway. You'll likely get off, but it may be quite the hassle. So... Concealed means concealed.

[JP171]

Scott, if they ignore you pointing out the sign is not the one they are supposed to put up the report it to TABC they will make them change it