51% Rule

[Diode]

Going to Hooters tonight for some wings, anyone know for sure if they are a 51% place? Also will the 51% sign be at the front door or inside at the bar area?

[txinvestigator]

I don't believe they are 51%. It may depend on the specific location. The sign would probably be at the door, as it is too easy to be seated without even seeing the bar.

[Diode]

I don't believe they are 51%. It may depend on the specific location. The sign would probably be at the door, as it is too easy to be seated without even seeing the bar.

Thanks TX......

[KinnyLee]

The one in Webster has a 51% sign when you walk in. It depends on the store I think.

[Diode]

The one in Webster has a 51% sign when you walk in. It depends on the store I think.

Makes sense, most places I can usually guess if they are or not, guess I'll know later when I get to Humble :)

I wonder when there is a place that sells a close split between food and drink how often that's checked and changed due to sales? Never really thought about it.

[jimlongley]

Several that I have been to have the "Unlicensed Possession" signs, but I have never seen one with 51%.

I think TX and others will back me up on this, if you see a 51% sign that you think doesn't belong, you can report it (unlike a 30.06 sign) and TABC checks up on them.

[WEC]

On a side note, don't forget to get an order of the fried pickles. They're mighty tasty.

[Photoman]

I think TX and others will back me up on this, if you see a 51% sign that you think doesn't belong, you can report it and TABC checks up on them.

Yes. I have done this and can say that TABC is VERY prompt about dealing with incorrectly posted 51% signs.

[Diode]

The Hooters in Humble was not posted with a 51%. I guess they sell more pickles than beer.

[switch]

There are two TABC signs commonly found and they are confusing.

They used to say "The possession of a weapon anywhere alcohol is sold is a felony". Now, the 'newer' signs say "The unlicensed possession of a weapon anywhere alcohol is sold is a felony". What's confusing is most (many?/all?) of these signs have a pink/red "51" on them, as background. I am not sure what the significance is for the red "51" on TABC signs. I assume, they are lazy and do not want to prepare/stock 2 different signs.

Also, they are inaccurate. The possession of a rifle or shotgun is NOT a felony. The unlicensed possession of a pistol, is a felony.

A restaurant could put up a 30.06 sign, if they did not want licensed carry. As far as I know, they could put up 30.06 sign w/ a red "51". At one time, the hospitals would put up 30.06 signs w/ red '51's - I know, the law is confusing, as written.

[txinvestigator]

There are two TABC signs commonly found and they are confusing.

They used to say "The possession of a weapon anywhere alcohol is sold is a felony". Now, the 'newer' signs say "The unlicensed possession of a weapon anywhere alcohol is sold is a felony". What's confusing is most (many?/all?) of these signs have a pink/red "51" on them, as background. I am not sure what the significance is for the red "51" on TABC signs. I assume, they are lazy and do not want to prepare/stock 2 different signs.

Also, they are inaccurate. The possession of a rifle or shotgun is NOT a felony. The unlicensed possession of a pistol, is a felony.

A restaurant could put up a 30.06 sign, if they did not want licensed carry. As far as I know, they could put up 30.06 sign w/ a red "51". At one time, the hospitals would put up 30.06 signs w/ red '51's - I know, the law is confusing, as written.

I disagree that it is confusing. I have NEVER seen an "unlicensed possession" sign with a red 51% on it. I am not saying they don't exist, but I have never seen one.

I will post pictures of the signs this afternoon.

[ElGato]

There are two TABC signs commonly found and they are confusing.

They used to say "The possession of a weapon anywhere alcohol is sold is a felony". Now, the 'newer' signs say "The unlicensed possession of a weapon anywhere alcohol is sold is a felony". What's confusing is most (many?/all?) of these signs have a pink/red "51" on them, as background. I am not sure what the significance is for the red "51" on TABC signs. I assume, they are lazy and do not want to prepare/stock 2 different signs.

Also, they are inaccurate. The possession of a rifle or shotgun is NOT a felony. The unlicensed possession of a pistol, is a felony.

A restaurant could put up a 30.06 sign, if they did not want licensed carry. As far as I know, they could put up 30.06 sign w/ a red "51". At one time, the hospitals would put up 30.06 signs w/ red '51's - I know, the law is confusing, as written.

I disagree that it is confusing. I have NEVER seen an "unlicensed possession" sign with a red 51% on it. I am not saying they don't exist, but I have never seen one.

I will post pictures of the signs this afternoon.

Right Tx, we are talking three different signs, I have them lying here but don't know how to get them on the forum

When you put them on that should clear thing's up for everyone.

By the way Instructors you can pick up copy's of the two TABC sign's from your local TABC office.

[txinvestigator]

There are 2 seperate items I will address;

1) Places that sell for OFF-premise consumption. You can always carry here unless they post a 30.06 sign.

They will have the following 2 signs posted;



the above is your clue that it is a place for only off-premise consumption.

This is the second sign;



Notice is says the UNlicensed possession of........

If you see a sign anywhere that says "the possession of a hangun" or "the possession of a weapon", they are old, non-enforceable signs.

2. A place that sells for ON-Premise consumption will have the "unlicensed possession" sign.

IF they derive more tham 51% of their income from the sale of alcoholic beverages, then they SHOULD post this sign;



Note that if the place fails to post the sign and is a 51% place you have no defense to carrying there. By the same token, if they post it and are not a 51% place, and you carry anyway you are OK.

The sign is advisory in nature.

Hope this helps.


And the term "weapon" is correct. The law that makes it a felony to carry unlicensed in a place that sells alcohol is the Texas Penal Code section 46.02, Unlawful Carrying Weapons, and it includes Handguns, Illegal Knives and Clubs.

[Diode]

Note that if the place fails to post the sign and is a 51% place you have no defense to carrying there. By the same token, if they post it and are not a 51% place, and you carry anyway you are OK.

The sign is advisory in nature.

Whoah! Nelly.... So what your saying is the Hooters in Humble could very well could be a 51% place but not posted and I am suposed to be able to know that? It is clearly not a bar,,, they sell food of all sorts how am I to tell 51% of their business is food or booze?

[txinvestigator]

Note that if the place fails to post the sign and is a 51% place you have no defense to carrying there. By the same token, if they post it and are not a 51% place, and you carry anyway you are OK.

The sign is advisory in nature.

Whoah! Nelly.... So what your saying is the Hooters in Humble could very well could be a 51% place but not posted and I am suposed to be able to know that? It is clearly not a bar,,, they sell food of all sorts how am I to tell 51% of their business is food or booze?

Thats the quandry!

Nowhere in the law does it exempt a person if there was no sign posted.