OK, I'm confused (51% signage)

[Zero_G]

Hi gang! I moved out of Texas 3 years ago, but as I'm military I'm still officially a TX resident. I'm back visiting this week and staying in a hotel for my visit. I was very surprised to see a 51% sign at the entrance to the hotel. This hotel doesn't have a restaurant, but in the evenings has a bar open in the lobby. Looking at the TABC website, they hold two licenses - one annotated 'sign blue' and one 'sign red'. The TABC website says the 51% sign "is to be posted on the premises of establishments where the possession of any concealed weapon is illegal. These are establishments that are licensed to sell alcoholic beverages for on-premises consumption whose alcohol sales constitutes more than half of gross receipts." (emphasis mine). Now, I find it incredibly hard to believe that a hotel with a very small (and not very busy) happy hour bar in the lobby brings in more than 51% of the hotel's income. Is there bogosity afoot, or am I confused on the interpretation of the 51% rule???

Keith

[RX8er]

Keith, can you share the link to the TABC? Sometimes, there is another business that is created just for the sale of alcohol and since this is their only business, meet the requirements for a 51% sign. I believe the Bass Performance Hall is the same way in Fort Worth. There is a second business that operates within the boors of the Bass Hall and their only business is alcohol sales. The building is posted 51% Most say that becuase it is posted, CC is illegal. Some argue the opposite and say only if you are frequenting the establishment.

[Zero_G]

I don't think posting the link will work since it's displaying the output of a database search, but here's the info:
License #: BQ746034

Trade Name: SPRINGHILL SUITES SEABROOK
Owner: OMKAR ENTERPRISES MANAGEMENT LLC
Location Address:
2120 NASA PARKWAY
SEABROOK , TX 77586
Mailing Address:
2120 NASA PKWY
SEABROOK , TX 77586
County: Harris Orig. Issue Date: 4/13/2010
Status: Current Exp. Date: 4/12/2016
Wine Percent: 17
Location Phone No.:
Subordinates:
Related To: Gun Sign: BLUE
License #: MB744744

Trade Name: SPRINGHILL SUITES SEABROOK
Owner: OMKAR ENTERPRISES MANAGEMENT LLC
Location Address:
2120 NASA PARKWAY
SEABROOK , TX 77586
Mailing Address:
2120 NASA PKWY
SEABROOK , TX 77586
County: Harris Orig. Issue Date: 3/24/2010
Status: Current Exp. Date: 3/23/2016
Wine Percent:
Location Phone No.: 281-474-3456
Subordinates: LB
Related To: Gun Sign: RED

[mojo84]

This may be one for srothstein.

[RoyGBiv]

I don't have a clear opinion on how a CHL-er needs to handle that red sign in a hotel situation, I'll leave that line of inquiry to others more knowledgeable, but having two licenses, one red, is not a new problem.

What IS unusual about this one is that there are two licenses issued to the SAME entity at the SAME address.

If you plan to be there a while you should call TABC and ask them to clarify.

[mojo84]

I don't have a clear opinion on how a CHL-er needs to handle that red sign in a hotel situation, I'll leave that line of inquiry to others more knowledgeable, but having two licenses, one red, is not a new problem.

What IS unusual about this one is that there are two licenses issued to the SAME entity at the SAME address.

If you plan to be there a while you should call TABC and ask them to clarify.

Yep, same entity is what stumped me.

[mojo84]

I don't have a clear opinion on how a CHL-er needs to handle that red sign in a hotel situation, I'll leave that line of inquiry to others more knowledgeable, but having two licenses, one red, is not a new problem.

What IS unusual about this one is that there are two licenses issued to the SAME entity at the SAME address.

If you plan to be there a while you should call TABC and ask them to clarify.

Yep, same entity is what stumped me.

The blue sign license was issued the following month after red sign. Maybe the red was issued in error. Looks like the blue one is the current one.

[Keith B]

They actually have two licenses. The BQ license is for Off-premises beer and the MB license is a mixed beverage license. Not sure how they relate, but am betting they have a bar area defined for the mixed beverage license that is where they have said the alcohol sales are more than 51% of revenue. The BQ (blue off-premise beer) license may be for selling to carry out. Do they actually have a small store that sells sodas, snacks and maybe package beer and wine?? That would allow them to sell for carry back to your suite or off premise. The MB would be for on-premise consumption.

[RPBrown]

How about charging for alcohol from the frige in the rooms. They charge for those and may have to have license to sell that way as well.

[Zero_G]

They do sell beer and wine at the front desk, but no alcohol in room fridges. To make things more fun, they have posted (next to the 51% sign) a sign prohibiting alcohol consumption on site. Seems like you can't have both???

Hotel signs

[Pawpaw]

Go to the bar area and look at their license. It should say "blue" or "red". It sounds like they have no clue what sign to post.

[SewTexas]

seems like they need a visit to get them straightened out.

[Keith B]

They do sell beer and wine at the front desk, but no alcohol in room fridges. To make things more fun, they have posted (next to the 51% sign) a sign prohibiting alcohol consumption on site. Seems like you can't have both???

Springhill signs.jpg

I believe they are right and have the signs posted correctly for their two licenses, but should probably place the 51% sign in the bar area. The MB license will only cover the area defined as the bar where they serve alcohol for on-premise consumption. The BQ license is for the beer and/or wine they sell at the front desk that can be carried out (off-premise consumption). The sign shown is posted where they sell for off-premise consumption. Premises will be defined as an area around the front desk and maybe lobby (just a guess). The only way to see what areas are actually defined for the MB and BQ licenses are on the application with TABC.

SO, what that means is, you can buy alcohol at the bar and drink it in the defined bar area as the 'premises' is whatever they specified for that license. If you buy beer or wine at the front desk, then whatever area is defined on the BQ license as the 'premise' would be off-limits for you to drink it there, but you can carry it out or back to your suite and drink it. This method really makes it confusing for patrons of the business to figure out where they can drink what.

Looking at other locations of theirs, they have similar licenses combinations. Not sure if there would be a simpler licensing option for them in this case, but sure makes it tough on the CHL holder to know where you can and can't carry. If they did the signage correctly, there should be something in the bar area telling you 'No drinks beyond this point' to keep someone from wandering out of the bar and into the 'no drinking area' defined on the BQ off-premise license.

[srothstein]

I think Keith has figured it out. The MB license is for on-premises consumption and is probably for a marked off area like the bar only. The BQ is probably also for a marked off different area, like the front desk/convenience store area. This is for off-premises and means you can take it back to your room.

This is a very unusual setup and the two licenses are probably issued without a proper investigation where someone checked. Normally, only one license can be issued to a single company at a single address, but marking off some areas changes that.

If the marked off areas concept is correct, it means that the 51% sign should be only at the bar area. I am not sure that it would be proepr even then, but this is unusual enough that I would need to check further into it. The blue sign and illegal to consume sign should only be at the area that is covered by that license.

I would recommend asking the Houston office to check into this. If they do and find it is how I think it is, I also recommend filing a protest for the next renewal. There is no reason for them to have two licenses instead of just one license covering the entire premise and then it would be a blue sign, obviously.