Carry by Bar Employee

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locke_n_load
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Carry by Bar Employee

Postby locke_n_load » Tue Oct 17, 2017 10:24 pm

Giving a class the other day, and someone said they worked in a bar and asked if they could carry there once they got their license.

Now in 46.15:

(b) Section 46.02 (carry is prohibited in all places other than your premises, or car/boat under your control) does not apply to a person who:
(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;

italics=my words

So with that, I believe that carry in the bar if you are an employee and your manager is ok with carrying, that you don't need a license to carry there. And since you don't need a license to carry there, once you had your license, you would not be breaking 46.035, carrying in a 51% establishment because you are not carrying under the authority of your license.

Just double checking myself here.
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Keith B
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Re: Carry by Bar Employee

Postby Keith B » Wed Oct 18, 2017 11:51 am

locke_n_load wrote:Giving a class the other day, and someone said they worked in a bar and asked if they could carry there once they got their license.

Now in 46.15:

(b) Section 46.02 (carry is prohibited in all places other than your premises, or car/boat under your control) does not apply to a person who:
(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;

italics=my words

So with that, I believe that carry in the bar if you are an employee and your manager is ok with carrying, that you don't need a license to carry there. And since you don't need a license to carry there, once you had your license, you would not be breaking 46.035, carrying in a 51% establishment because you are not carrying under the authority of your license.

Just double checking myself here.


There is a caveat for the employee, see the red letters in the statute. The manager can't give permission, the employee must meet the criteria of the statute to carry. So, a waitress, for example, who is just waiting tables and not supervising the operation, couldn't carry.
Keith
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Scott B.
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Re: Carry by Bar Employee

Postby Scott B. » Wed Oct 18, 2017 12:27 pm

Keith B wrote:
locke_n_load wrote:Giving a class the other day, and someone said they worked in a bar and asked if they could carry there once they got their license.

Now in 46.15:

(b) Section 46.02 (carry is prohibited in all places other than your premises, or car/boat under your control) does not apply to a person who:
(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;

italics=my words

So with that, I believe that carry in the bar if you are an employee and your manager is ok with carrying, that you don't need a license to carry there. And since you don't need a license to carry there, once you had your license, you would not be breaking 46.035, carrying in a 51% establishment because you are not carrying under the authority of your license.

Just double checking myself here.


There is a caveat for the employee, see the red letters in the statute. The manager can't give permission, the employee must meet the criteria of the statute to carry. So, a waitress, for example, who is just waiting tables and not supervising the operation, couldn't carry.


Having employed a number of bar waitresses in a previous career, I can testify that some always think they're 'supervising the operation'. :roll:
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locke_n_load
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Re: Carry by Bar Employee

Postby locke_n_load » Thu Oct 19, 2017 6:48 pm

Keith B wrote:
locke_n_load wrote:Giving a class the other day, and someone said they worked in a bar and asked if they could carry there once they got their license.

Now in 46.15:

(b) Section 46.02 (carry is prohibited in all places other than your premises, or car/boat under your control) does not apply to a person who:
(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;

italics=my words

So with that, I believe that carry in the bar if you are an employee and your manager is ok with carrying, that you don't need a license to carry there. And since you don't need a license to carry there, once you had your license, you would not be breaking 46.035, carrying in a 51% establishment because you are not carrying under the authority of your license.

Just double checking myself here.


There is a caveat for the employee, see the red letters in the statute. The manager can't give permission, the employee must meet the criteria of the statute to carry. So, a waitress, for example, who is just waiting tables and not supervising the operation, couldn't carry.


So if he works the bar, unless he is a supervisor, carry is a no-go?
"They that would give up Essential Liberty, for a little temporary Safety, deserve neither Liberty nor Safety"

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Captain Matt
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Re: Carry by Bar Employee

Postby Captain Matt » Thu Oct 19, 2017 7:32 pm

locke_n_load wrote:
Keith B wrote:
locke_n_load wrote:Giving a class the other day, and someone said they worked in a bar and asked if they could carry there once they got their license.

Now in 46.15:

(b) Section 46.02 (carry is prohibited in all places other than your premises, or car/boat under your control) does not apply to a person who:
(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;

italics=my words

So with that, I believe that carry in the bar if you are an employee and your manager is ok with carrying, that you don't need a license to carry there. And since you don't need a license to carry there, once you had your license, you would not be breaking 46.035, carrying in a 51% establishment because you are not carrying under the authority of your license.

Just double checking myself here.


There is a caveat for the employee, see the red letters in the statute. The manager can't give permission, the employee must meet the criteria of the statute to carry. So, a waitress, for example, who is just waiting tables and not supervising the operation, couldn't carry.


So if he works the bar, unless he is a supervisor, carry is a no-go?

It's the same for a customer, even a designated driver.
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