51 % sign at a gas station

[Laneman]

A rural gas station that also does auto repair has a 51% sign posted above their beer refrigerators. I doubt that he does greater than 51% of his business in booze, but let's say he does. I say I can diregard the sign and carry in there anyway. Who here has an opinion as to why or why not? Just want to stimulate some legal discussion so we can all learn.

[seamusTX]

Do they allow drinking on the premises?

If not, the sign is erroneous.

I don't think the ethanol in the gasoline counts, either.

- Jim

[Laneman]

There are no tables or seats, but I suppose being a good ole boy place they would probably allow someone to pop open a beer and talk a while.

[Rokyudai]

I vote for a sign placed in error unless he has a still somewhere in the back serving up white lightening! It's just high octane,fuel additives judge!

[txinvestigator]

There are no tables or seats, but I suppose being a good ole boy place they would probably allow someone to pop open a beer and talk a while.

Unles he has an on-premise license it is a crime to consume there. Did you happen to also notice a sign tho that effect?

[flb_78]

Then you should of grabbed a beer, paid for it, popped it open and drank it right there at the counter.

[Liko81]

The store only qualifies under 51% statutes if the alcohol is in beverage form (it is the Texas Alcoholic BEVERAGE Commission setting up the signs, after all) and is sold to be consumed on the premises. For virtually all convenience stores the reverse is true; it's a CRIME to drink on the property. No, E85 is NOT an alcoholic beverage. The sign is erroneous; treat it like any other convenience store.

[stevie_d_64]

Gives new meaning to the term "fill'er up"...

I know...I'm here all week!!!

[Keith B]

Gives new meaning to the term "fill'er up"...

I know...I'm here all week!!!

Stevie, don't quit your day job.

[stevie_d_64]

Gives new meaning to the term "fill'er up"...

I know...I'm here all week!!!

Stevie, don't quit your day job.

Knot planning on it anytime soon...

[srothstein]

A rural gas station that also does auto repair has a 51% sign posted above their beer refrigerators. I doubt that he does greater than 51% of his business in booze, but let's say he does. I say I can diregard the sign and carry in there anyway. Who here has an opinion as to why or why not? Just want to stimulate some legal discussion so we can all learn.

The sign is truly irrelevant, except as notice to you. If he does sell more than 51% in booze for drinking in the store, you cannot carry there even if there was no sign. If he does not, then you can carry despite the sign.

And to be really technical, the law says it is illegal if TABC decides he sells more than 51%, regardless of what he actually does physically.

[shootthesheet]

Call TABC and get it removed. The correct sign needs to be posted.

Are 51% signs still a restriction on CHL holders whether legit or not? If I remember correctly, the sign restricts us either way. So, ignoring the sign is not good advice.

[seamusTX]

Are 51% signs still a restriction on CHL holders whether legit or not? If I remember correctly, the sign restricts us either way. So, ignoring the sign is not good advice.

The law says that CHL holders may not carry in a place that the TABC has determined derives at least 51% of its sales from alcholic beverages for on-premises consumption, regardless of signage.

PC §46.035 (b)(1)(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

- Jim

[Xander]

Are 51% signs still a restriction on CHL holders whether legit or not? If I remember correctly, the sign restricts us either way. So, ignoring the sign is not good advice.

No, the law says nothing at all about 51% signs. srothstein's post described exactly what the law *does* say.


Edit: Get caught up talking halfway through authoring a post, and get beat. What Jim said.

[barres]

There is nothing in the penal code that says you can't carry if there is a 51% sign. There is a section in the penal code (PC §46.035 (b) (1)) that states that it is illegal to carry on the premises of a business licensed by TABC, if the business derives 51% of its income from the sale of alcohol for on-site consumption. It does not mention anything about the presence or absence of a sign notifying customers of this. The business is required by TABC to post the 51% sign if they meet this requirement, but that does not change a CHL'er's responsibility.

Darn. Beaten to the punch by not one person, but two.