another 51% question

[ghostrider]

this is related to some other threads, but I didn't want to hijack them. There is this place south of Austin (in Hays county). Its both a restaurant and a vineyard:
http://www.trattorialisina.com/" onclick="window.open(this.href);return false;

I saw no signs and I have no doubt that the restaurant is not 51%; its an upper scale resaturant and I think the only alcohol they serve is wine. However, in a separate building they have a store (also no sign) that sells wine and charges for wine tasting onsite. In addition, customers can buy wine and consume it anywhere on the facilities (including outside in the gardens).

I'm not sure what to make of this. Any thoughts from our resident experts?

[nitrogen]

this is related to some other threads, but I didn't want to hijack them. There is this place south of Austin (in Hays county). Its both a restaurant and a vineyard:
http://www.trattorialisina.com/" onclick="window.open(this.href);return false;

I saw no signs and I have no doubt that the restaurant is not 51%; its an upper scale resaturant and I think the only alcohol they serve is wine. However, in a separate building they have a store (also no sign) that sells wine and charges for wine tasting onsite. In addition, customers can buy wine and consume it anywhere on the facilities (including outside in the gardens).

I'm not sure what to make of this. Any thoughts from our resident experts?

Your best bet is to just ask to see their license. Look for the line that says either "SIGN=RED" or "SIGN=BLUE" means it is not 51%

[bryang]

We have a nice stake house here and I have been there several times, but only a couple of times since I have received my CHL. As you go in the front door and greeted by the hostess, she seats you at a table...however, just to the right as you come in the door there is another door that opens up into a very small bar. I have never been in the bar, but have never seen any kind of sign posted any where. I just figured because the main business is a restaurant to sell stakes and most come there to eat stakes, I suppose that you could have a beer with your dinner, but I thought because there are no signs inside or out that I was okay to carry in the restaurant...am I wrong??? I sure don't want to mess up!

-geo

[flb_78]

I would assume that the vineyard makes most of it's monies from selling wine for off-premises consumption.

I would also assume that the Steak house would sell more steak then beer.

Both should be fine for CHL.

[bryang]

Thanks, flb_78 , I appreciate it very much!

-geo

[srothstein]

I would think the steak house would be good, but it should have some signs posted. If they sell any alcoholic beverage, they are required to have some signs posted. The signs would be either the red 51 or the blue "no unlicensed possession" sign. Check again. They may not be selling anything, but allowing you to bring your own in with you. Then you are good to go.

On the winery, there is a problem. Normally, I would say they are good to go and they should be by the way the law is written. BUT, and this is important, the laws says 51% "as determined by TABC" and TABC does not always make the proper determination. The application asks for how much of the income will come from food, how much from alcohol, and how much from other. It does not break down the alcohol for on premise or off premise because of the time frame when it was written. At the time, a winery could not sell for consumption on premise and could not sell directly to a consumer. Court cases have changed this and the application - and therefore the determination - has not kept up yet. If they reported a total with more than 51% alcohol, they may be posted 51%, even if the majority was for off premise. The law would apply as the determination made by TABC and not by reality.

The good news is that licensing is in the process of being updated and we should see this corrected in the near future. As I understand it (and I am not part of the project) we are completely redesigning the licensing division and process.

[CJATE]

50% of revenue is ALOT, if there is any doubt in your mind if it's a bar, it's not.

I go by the "does it have a menu" rule. when with buddies going to a new place, i ask, does it have a menu?


I have been in a hotel where the bar was posted 51%, it was clear when I checked out that the food, room and bar were three different entities... again, clearly marked.

[ghostrider]

>On the winery, there is a problem.

thanks for the explanation. Its even more complicated than I thought :-0