Here is a tricky one for you - What if they don't sell

MadDawg · Post by **MadDawg** » Wed Dec 13, 2006 12:55 pm

But allow BYOB and charge entry. There is a singles club here in Houston that is BYOB and not posted 51%. They charge entry, and setups ( glass with Ice) but do not sell achohol. What is the solution to this on being able to carry?

MadDawg

nitrogen · Post by **nitrogen** » Wed Dec 13, 2006 1:01 pm

As far as I know that'd be legal. The only 2 laws I know of regarding CHL and Alcohol are "carrying while intoxicated" and "carrying in a 51% establishment."

I've carried in a BYOB pizza place in rockwall, and I'm hoping I havn't been breaking the law

kauboy · Post by **kauboy** » Wed Dec 13, 2006 1:02 pm

Simple. The law states:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(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;

Cut and dry to me. They don't sell nor serve alcohol, so I carry.

KBCraig · Post by **KBCraig** » Wed Dec 13, 2006 1:08 pm

A BYOB establishment doesn't have a TABC license, so it doesn't even apply.

Post by **Crossfire** » Wed Dec 13, 2006 1:24 pm

(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;

When they provide setups (glasses, ice, soda, etc.) does that not fall under service?

This is not something I had considered before. Interesting question.

kauboy · Post by **kauboy** » Wed Dec 13, 2006 2:33 pm

"Sale or service" means they sell or serve alcoholic beverages. Providing glasses for consumption doesn't constitute serving of alcohol.

Roger Howard · Post by **Roger Howard** » Wed Dec 13, 2006 6:10 pm

IANAL but I would think carry there would not be a problem.

flintknapper · Post by **flintknapper** » Wed Dec 13, 2006 8:20 pm

Bring Your Own Beretta?

propellerhead · Post by **propellerhead** » Wed Dec 13, 2006 8:56 pm

And when the dancer finds your pistol during a lapdance?

age_ranger · Post by **age_ranger** » Thu Dec 14, 2006 1:05 am

flintknapper wrote:Bring Your Own Beretta?

Post by **Crossfire** » Thu Dec 14, 2006 7:53 am

Is that a bunny with a pancake on its head?

longtooth · Post by **longtooth** » Thu Dec 14, 2006 7:56 am

flintknapper wrote:Bring Your Own Beretta?

Never carry a 92. You cant take them into many places. They have them Ghost Busted at the door.

On 2nd thought, Probably not quit that funny. Just

.

kauboy · Post by **kauboy** » Thu Dec 14, 2006 9:45 am

llwatson wrote:Is that a bunny with a pancake on its head?

It most certainly is. It's Age's trademark.

MadDawg · Post by **MadDawg** » Thu Dec 14, 2006 10:17 am

I would have to agree that it would likely be legal to carry there, but I find it so odd that the envirment would be just the same as a Bar that sells alcohol for on site consumption. The only distiinction is you bring it or buy it. Everything else is the the same.

Post by **Crossfire** » Thu Dec 14, 2006 10:58 am

kauboy wrote:
llwatson wrote:Is that a bunny with a pancake on its head?
It most certainly is. It's Age's trademark.

First, "Is that a bunny with a pancake on its head?" is not something you ever thought you would see on a forum of this nature, but now that we have gone there, you know there has to be a story here... just waiting to be told.