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Change in Definition of Restaurant v. Bar ??

Posted: Fri Dec 31, 2021 2:46 pm
by der Teufel
According to an article on Spectrum Local News — https://spectrumlocalnews.com/tx/austin ... cken-coops

Senate Bill 911 takes effect as of New Year's Day 2022 and redefines restaurants.

per the article: The bill also sets a definition of a restaurant in the state’s Alcoholic Beverage Code. Establishments with mixed beverage permits will be reclassified as restaurants if alcohol sales are 60% or less of the establishment's sales.

Might this change from 50% to 60% alter which establishments get RED or BLUE signs from TABC? I'm sure this was a response to COVID in an effort to keep some bars from going out of business by allowing them to be categorized as restaurants. I'm wondering if sign changes will follow allowing a few more places to legally carry.

Re: Change in Definition of Restaurant v. Bar ??

Posted: Fri Dec 31, 2021 5:17 pm
by C-dub
I can't see where that issue is addressed at all and may end up being one of those unintended consequences they have to rectify once discovered. Either that or they're sneakily intending on redefining what a bar is and bumping it up to 61%.

Re: Change in Definition of Restaurant v. Bar ??

Posted: Fri Dec 31, 2021 8:20 pm
by srothstein
I do not see anything in the bill relating to the gun sign. As I read it right now, it means that TABC has to now determine if the location makes more than 50% of its income from liquor for the gun sign and also if it is more than 40% for the food license.

Legal effect for us is we may see more restaurants where we cannot carry firearms because they get the 51% sign.

A possible realistic effect is that TABC will only make one determination if it is a restaurant or bar and we see a few places we can now carry that were bars before. I do not recommend thinking that TABC will be lazy and do recommend checking their public website for signage, even for restaurants now.