Bar & Grill Owner/General Manager

[bryanmahoney]

I hope that this is not a redundant question to all of you, but I would very much appreciate some community wisdom on my situation! I am opening a restaurant/bar in the next few months and it is not in the best of areas! It will definitely qualify as a 51% establishment, but I will be alone in the building at times and I had heard that I am permitted to carry my pistol as an owner. I had also heard that I could designate a manager that would also be allowed to carry?

Any thoughts?

[jmra]

Welcome.
Work your way down the thread in the link below and you will see a post from a guy in a similar situation as you who called a bunch of agencies and the responses he received.
http://www.defensivecarry.com/forum/ope ... hours.html

[srothstein]

I did not read that whole thread, so I thought I would post a clear answer to your question from the best source possible. The Texas Alcoholic Beverage Code, in section 11.61 says:

(e) Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of the person's duties as a security officer;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.

Section 61.71 covers the same thing for licensees instead of permittees.

So, yes, you can carry and you can appoint a manager who can carry.

[Jumping Frog]

So, yes, you can carry and you can appoint a manager who can carry.

Great answer, interesting.

So, does the handgun need to be concealed?

[oohrah]

Welcome to the forum. Lot's of great info here. When you get up and running, let us know, and we'll stop by to hoist one. (You could even become a forum sponsor.) (full disclosure - I don't work for the forum.)

[The Annoyed Man]

So, yes, you can carry and you can appoint a manager who can carry.

Great answer, interesting.

So, does the handgun need to be concealed?

My next question.

Back in the mid-70s, I tended bar at nights at the 12th Man Inn across the street from the Texas A&M campus while I attended school there. Not a bad area, but a potentially rowdy one. I remember that the owner kept a .357 and a sawed-off pool cue within easy reach under the bar.

[srothstein]

So, yes, you can carry and you can appoint a manager who can carry.

Great answer, interesting.

So, does the handgun need to be concealed?

There is nothing in the law concerning concealed or open except for if you are carrying under a CHL's authority or if you are in a motor vehicle. I recommend concealed to avoid potential problems in a bar, especially where someone might see it as more of a challenge after that had a few drinks.