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by ScottDLS
Tue Dec 06, 2016 9:45 pm
Forum: 2017 Legislative Wish List
Topic: This is extra wishful...51% changes
Replies: 28
Views: 2948

Re: This is extra wishful...51% changes

MeMelYup wrote:What I understand from listening to Charles is that doing away with most of 46.03/.035 will stop things like the Texas State Fair being off limits for LTC's because of someone's 51% sign being posted at the entry gate. A concert being off limits because a vendor has used that address for his license to sell beer, therefore the entire location is listed as 51%. The Ft Worth or Waco zoos being off limits to LTC because the managing company or a vendor has a license to sell alcohol at that location and uses that address in the license.

All we need to do is get most of 46.03 and 46.035 not applying to LTC.
In other words...eliminate 46.035 since it ONLY applies to LTC, and then make LTC an exception to 46.03. The Ft. Worth Zoo does not have a 51% sign, so therefore the rule doesn't apply and even if it did, it would only be to buildings. State Fair used to post 51% signs, but since the definition of "premises" doesn't include outdoors, that was bogus. Unfortunately, that didn't stop them from physically preventing you from entering. Eventually they stopped posting.
by ScottDLS
Sat Dec 03, 2016 6:43 pm
Forum: 2017 Legislative Wish List
Topic: This is extra wishful...51% changes
Replies: 28
Views: 2948

Re: This is extra wishful...51% changes

srothstein wrote:
twomillenium wrote:To have a 51% sign, the wine store would need to make at least 51% of their sales on the CONSUMPTION of alcohol. I don't know of any wine stores that do this, maybe it was a wine bar.
The problem with this is that the TABC application doesn't ask the question that way and the law says the TABC determination. The application just asks for the percentage of sales from alcoholic beverages and then checks to see if the license is for on-premise consumption. Many places that sell for on and off premise consumption have no realistic way to determine the split between the two.
I have never seen a wine or liquor store that "sells" anything for on premises consumption. I've been in many with blue signs that offer samples. Are any stores that offer samples required to get an on premises license?

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