Carry by Bar Employee

[locke_n_load]

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.

[Keith B]

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.

[Scott B.]

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'.

[locke_n_load]

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?

[Captain Matt]

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.