Red 51 sign question

[Matt78665]

I checked on the TABC website and found the establishment in question to have the "Red" gun sign designation. However, I looked and looked and cannot find it actually displayed in said establishment. I know that I cannot carry there and will not. I was wondering, does the owner have any choice as to whether they want the Red 51% law to apply to their establishment?

[C-dub]

I do not think so. Unless they could under report their earnings to put them under 51% of their sales or profit from alcohol.

[Jumping Frog]

I was wondering, does the owner have any choice as to whether they want the Red 51% law to apply to their establishment?

Yeah, he can sell more food!

[KaiserB]

I checked on the TABC website and found the establishment in question to have the "Red" gun sign designation. However, I looked and looked and cannot find it actually displayed in said establishment. I know that I cannot carry there and will not. I was wondering, does the owner have any choice as to whether they want the Red 51% law to apply to their establishment?

By TABC rules it should be posted with the red sign if 51% or more in sales is from alcohol. There is a CHL defense based on improper posting in this case but as they like to say you would still take the ride.

GC §46.035(b) Unlawful Carrying of Handgun by License Holder
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;
(2)  on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

[MoJo]

The establishment seems to be in violation of TABC rules. I would contact TABC about them.