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I've been into places that seem to be clearly +51% places that have no sign posted!
I've been into places that are clearly <51% places that have the 51% sign posted!
I've been into places where I have found the TABC license and have answered the question!
I've been into places where I have asked to see the license and was looked at funny and refused!
I've tried to look up the info on the TABC web site and got so confused that I gave up!

Can someone - Steve? - Steve? - please tell us exactly where to look and exactly what to look for on the TABC web site to find out what is and what isn't?

Many thanks in advance.

This is not currently listed anywhere on the TABC site as a clear cut guide. They are int he process of reworking the licensing applications and I do not know if this will change in the near future.

So, here is what I can tell you. The license is the best reference, with the notes as previously described. By law, this is required to be displayed to the public. If any place refuses to allow you to see it, please notify TABC at the local office. We will discuss the matter with them and explain the rules.

The TABC Public Inquiry does have the one helpful answer. A Food and Beverage Certificate is an optional license for a liquor permit holder to apply for. It certifies his business is primarily food. This means that a majority of the income is from food and that he meets certain other requirements (such as number of entree items). If a permittee has a FB listed, then he cannot possibly be 51% as it means exactly the opposite. The reason some apply for this is that certain performance bonds are waived for places with the FB certificate. But it is optional and not ever required, so not seeing it means nothing. It also does not apply to someplace that only sells beer.

You can also call the local TABC office to have them check their internal records on what type of sign should be posted. I do not recommend that a lot because it will overload a few clerks with calls and make us look very demanding. I know that the Chief of Enforcement and Director of Licensing are aware of the issues involved. So far, they have made comments about the number of calls they get from CHLs with this question and I have suggested ways to make it easier for us to find out. Most of the agents in the field are willing to work on the problem at local stores IF we do not overload them with complaints. They only get so many days to respond to each complaint and they get a little stressed if the workload gets too high on complaints (they also have other required numbers for inspections and various special operations we do).

Overall, we seem to have a lot of support from most of the agency, btu they do not see it as a really critical priority over the various other things the legislature has stuck on us. I am concerned that if we make too much of a stink, it will turn the management into enemies.

I've heard this looking at the TABC license when determining if they're 51% or not. I don't know what I'm supposed to look at though. Just because they sell beer or liquor doesn't mean 51% of their sales come from it. Will the license clearly state that 51% of their revenue comes from alcohol sales? Or if not what am I supposed to look for in determining whether or not I can carry there.

Edit: Never mind, should have read the Steve's reply before posting my own

atxgun wrote:I've heard this looking at the TABC license when determining if they're 51% or not. ... Edit: Never mind, should have read the Steve's reply before posting my own

So you found the trick of "SIGN=RED" or "SIGN=BLUE"? If the license says "SIGN=RED", it's 51%.

It's an inconvenient way to find the answer, but it's definitive.

And if no 51% or 30.06 sign is posted, you can carry until told otherwise, right?

I guess what I'm getting at is sometimes you don't see a sign anywhere but it may actually be there, hidden, poorly placed, blocked, etc.. So if you don't SEE the sign and aren't verbally told, it is OK to carry until otherwise told (until you see the sign or are told), right? And I guess by OK it means you probably won't be charged, but WILL need to go disarm if your perception is changed.

LCP_Dogg wrote:And if no 51% or 30.06 sign is posted, you can carry until told otherwise, right?

I guess what I'm getting at is sometimes you don't see a sign anywhere but it may actually be there, hidden, poorly placed, blocked, etc.. So if you don't SEE the sign and aren't verbally told, it is OK to carry until otherwise told (until you see the sign or are told), right? And I guess by OK it means you probably won't be charged, but WILL need to go disarm if your perception is changed.

That is a real gray statement. If you go some places that you know without a doubt but there is a sign missing. The missing sign becomes a defense to your prosecution. But, you still broke the law and can be prosecuted. A $250 dollar an hour attorney may be able to spend 30-40 hours arguing your defense.

This is the same arguement that goes with the 30.06 signage, just backwards.

If the 30.06 signage is wrong (incorrect size, placement, etc) it's not valid. But if the 51% signage is wrong (missing, not clearly seen or whatever) it means nothing.

How can we, the CHL holder, be accountable for the status of a business with the TABC?

Perhaps this issue would best be served by talking to our elected representatives? I'm sure the TABC would confirm that this is a real CHL hot button. We want to follow the law, but CHLs have more to lose if they carry in the wrong place.

I agree with Steve about not overloading the agents with complaints. I have only filed one complaint, so far. But that is because I saw no license, no sign, and the property in question was city property that was NOT listed in TPC 46.035. Yet, alcohol was being sold.

I would prefer a quieter way of establishing the 51% status of a business. One's cover would be blown if they go to a manager and ask to see the license, without producing LEO identification.