Poteet Strawberry Festival

[Originalist]

So today I took the wife and kids down to Poteet for the annual strawberry festival and what do I get slapped with when I get to the gate........ a 51% sign, on the fence a aroung the grounds - not a specific booth. I start looking for the actual license and am told it is in the "office". So I go to the office and ask to see the license and tehy were like..... "Is there a problem". I said no I just would like to see it. So they hand be two 81/2 by 11 sheets of paper which turn out to be Temp License's for the weekend, just for the week end. if anyone is interested four days cost them 200 bucks.


So, my question valid 51%? I didnt think so but am not 100% sure.

[srothstein]

The only way to know for sure would be to call TABC and ask if it was valid. Temps (as you probably noticed) do not get the line with signs being blue or red on it.

The problem with the sign being valid is that it will depend on how they filled out the license. Many of the booths are actually contractors and it is possible the organization makes more from the direct sales of alcohol than the commissions on the other booths (this is common with a lot of the smaller festivals around the state where they do not charge much for the booths outside the carnival area). And if they do say they will get more from the beer than the gate or commissions, TABC will tell them to use the 51% sign.

And then we get into the old problem of what premises are covered by the license. As in bowling alleys with contractors, they generally use the whole premises so that people can walk around with their beers. The beer booth is clearly 51% even if the whole event is clearly not. This is a gray area of the law we need to put into the priority list somewhere to work on. I am nto sure how high up I would put it yet.

[Originalist]

Wouldn't they have to take into account the admission fee too, I mean at $10 an adult just to walk through the gate plus each ride costing about $2.50 - $4.00 per person, games, food, etc. I just find it hard to believe they could even come close to 51%. I am not sure how they have it set up nor am I familiar with TABC rules but if they are getting a commission on the profits off the sale of beer does that even qualify. I mean wouldn't each beer seller have to have a license for themselves. I guess next year on my list of things to do is call TABC and ask directly because I really wasn't comfortable with leaving my gun in the car especially once 9-10 o'clock rolled around. I was just shocked and never expected to see that sign.



Thanks Steve for the reply

[seamusTX]

There is a legal principle that says a law must be written so that a reasonable person can know for certain what actions violate it. PC §46.035(b)(1) fails that test. If anyone were convicted and could afford to appeal, that clause would probably be made unenforceable.

As far as legislative priorities, repealing all of PC §46.035 should be near the top. Only a few CHL holders a year are found guilty of violating any of its terms, and I'm guessing that most of them plead down from a more serious offense. No one can say that PC §46.035 has ever prevented a crime or accident.

A CHL holder who abuses his right to carry can be charged with disorderly conduct, aggravated assault, deadly conduct, or some other actual crime.

- Jim

[Rokyudai]

About 2 years ago, I wanted to take my family to the festival for the first time since moving to TX. I didn't see anything on the website that would not allow me to carry with my CHL. I am not one to keep my weapon in the car, so, I called ahead and asked to speak with the organizers. She didn't know exactly wether carrying with CHL was 'allowed'. She placed the phone down and asked the 'security chief'. I could just hear a huffy voice in the background. She got back on and told me 'NO, this is a family event." I asked if they had beer vendors. She said,"Yes, that's another reason". I tried to 'reason' (mistake) with her which made no difference. I finally told her if I wasn't welcome then my money wouldn't be and I would make sure that any interested in attending the festival was aware of their views on this subject before they decided to drop the $ to attend. She then scoffs, 'This is the first time it has ever come up." I said, "I'm sure it will again."

I read in the paper a few days later that a drunken, knife fight broke out there. Hmmm..... good family fun.

On one hand, yes, shame on me for asking ahead of time because now I DEFINITELY cannot attend (notified). However, I saved a trip from SA and having to disarm in the lot which I would not do in the first place. Just my .02 .

Rok

[seamusTX]

I think it's a safe bet that no one will orally give you permission to carry at any place other than an event or business that is firearms-oriented.

It's a basic rule of bureaucratic conduct: When in doubt, say No.

- Jim

[03Lightningrocks]

I think it's a safe bet that no one will orally give you permission to carry at any place other than an event or business that is firearms-oriented.

It's a basic rule of bureaucratic conduct: When in doubt, say No.

- Jim

It makes calling a place and asking them the question a self generated gun restriction. It could even cause the place to put restrictions on that did not exist before.