Owner of 51% business able to carry on premesis?

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boomstick
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Owner of 51% business able to carry on premesis?

Postby boomstick » Fri Aug 11, 2017 6:33 am

I know that the general population is not able to carry in establishments with a TABC 51% sign. A fellow came thru my class the other day who is an owner of a 51% bar. He asked if it was legal for him or his employees to carry on the premises with his permission.

My question is, does the TABC license status override the rights a small business owner?
SSGT, USAF Security Police (1975-1981)
NORAD Cheyenne Mountain, Osan AB Korea, Ellsworth AFB S.D.
TX CHL/LTC Instructor (2011-2017)
NRA Pistol Instructor (2015-2017)

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ScottDLS
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Re: Owner of 51% business able to carry on premesis?

Postby ScottDLS » Fri Aug 11, 2017 6:46 am

boomstick wrote:I know that the general population is not able to carry in establishments with a TABC 51% sign. A fellow came thru my class the other day who is an owner of a 51% bar. He asked if it was legal for him or his employees to carry on the premises with his permission.

My question is, does the TABC license status override the rights a small business owner?


He may carry in his establishment as can any property owner, as may his designated employees. TABC says it won't be an issue with his license either.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


mccloven27
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Re: Owner of 51% business able to carry on premesis?

Postby mccloven27 » Fri Aug 11, 2017 7:20 am

All the not a lawyer stuff and not legal advice as usual.

From my reading of the code the owner is allowed to and I think anyone working as a supervisor under the license for the license holder.

Penal code Chapter 46 Section 46.15 subsection a (7): holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;

from my reading that means the supervisor/owner could but reg employees cant.

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ELB
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Re: Owner of 51% business able to carry on premesis?

Postby ELB » Fri Aug 11, 2017 10:36 am

Mr Srothstein to the courtesy phone please, paging Mr Srothstein to the courtesy phone!
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TVGuy
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Re: Owner of 51% business able to carry on premesis?

Postby TVGuy » Fri Aug 11, 2017 11:02 am

I used to work in bars and nightclubs in my earlier years. Several of us carried, especially after hours when we were cleaning up and shutting down for the night. This was especially the case after a string of late night robberies at clubs in Dallas after they had closed. In one incident, all of the bar backs jumped into and hid in ice machines for hours after the robbery took place.


switch
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Re: Owner of 51% business able to carry on premesis?

Postby switch » Tue Aug 15, 2017 4:01 pm

Actually, would be legal for almost any employee.
However, I understand that TABC has the opinion that only one (1), AND it has to be the senior manager or owner, can carry in a bar. If the manager is carrying and the owner comes in, the manager is supposed to put his/her gun up, regardless of whether the owner is carrying.


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