Bar Question?

[AndyAg08]

So I had this situation come up this past week:

I was at a bar (not carrying because I knew I was going to have a few drinks) and I was looking around for the usual 51% signs and could not find them anywhere. Not at the door, on windows, or even behind the bar. Its obvious that it was a 51% establishment because all they do is sell alcohol.

Does that mean that someone could potentially carry in there? or am I missing something?

[Mike1951]

Yep, you're missing something.

You're responsibility and guilt of carrying in an 'over 51%' operation is not affected by whether correct signage is posted.

It is YOUR responsiblity to know and make the correct decision.

It is possible for you to determine if the location is 51% if you can see their TABC license.

There is a section where it will state "sign = red" (51%) or "sign = blue" (not 51%). edited to correct this line

Did I get it right, Steve?

[AndyAg08]

Thanks for the clarification. I wouldn't carry in a bar anyway, but I was curious about how that all worked

[nemesis]

You're responsibility and guilt of carrying in an 'over 51%' operation is not affected by whether correct signage is posted.

It is YOUR responsiblity to know and make the correct decision.

TABC requires every establishment whose revenue from the sale of alcohol for on premise consumption exceeds 50% of all revenue to post appropriate signage at every entrance; whether public, private or employee. There is no tolerance for the business to fail to post all required signage and post it properly.

In many cases, I can use common sense and determine whether they are likely to be a 51% establishment but there may be cases where it is not completely apparent. I suppose I could ask to revue their books but that is not my responsibility. I am required to observe oll posted legal signage but they are required to post it.

Should I be found armed in an establishment that is not legally posted and not obviously a 51% establishment, I can assure you that TABC would be sued for failing to enforce their own laws and I would own that bar.

[Mike1951]

Regardless, the posted signage has nothing to do with whether a CHL can be arrested for carrying in a 51% business.

Good luck sueing the TABC!

[srothstein]

Mike has it right about the sign being irrelevant.

Nemesis, good luck on the law suit. You might win, but there are a few going on now and I doubt you have that good a chance. The TABC is required by law to check 78% (IIRC) of the licensed premises each year. There is no requirement to ever check any single one.

Also, the 51% sign is not required to be posted at every entrance by TABC. It is actually part of the Government Code section that tells DPS what to do. You could argue (and I would if it were in a suit) that this means DPS is responsible for verifying the signage posted. I bet they would love me for that, too.

Also, checking their books would not make a difference either. What the business makes is actually irrelevant to the 51% rule. Note the law specifically says "as determined by TABC" and gives TABC no guidelines on HOW to make the determination (as in what counts as on or off premises or what counts in the sale price of the drink - gross price, price minus taxes, gross profit, etc).

But, in an attempt to make it easy for you to determine if the law applies or not, the law requires the license to be posted in plain view of the public. You can always ask to see it. And printed right on the license is the line "SIGN=BLUE" or "SIGN=RED". If it says red, you cannot carry.