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Here is a tricky one for you - What if they don't sell
Posted: Wed Dec 13, 2006 12:55 pm
by MadDawg
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
Posted: Wed Dec 13, 2006 1:01 pm
by nitrogen
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
Posted: Wed Dec 13, 2006 1:02 pm
by kauboy
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.
Posted: Wed Dec 13, 2006 1:08 pm
by KBCraig
A BYOB establishment doesn't have a TABC license, so it doesn't even apply.
Posted: Wed Dec 13, 2006 1:24 pm
by Crossfire
(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.
Posted: Wed Dec 13, 2006 2:33 pm
by kauboy
"Sale or service" means they sell or serve alcoholic beverages. Providing glasses for consumption doesn't constitute serving of alcohol.
Posted: Wed Dec 13, 2006 6:10 pm
by Roger Howard
IANAL but I would think carry there would not be a problem.
Posted: Wed Dec 13, 2006 8:20 pm
by flintknapper
Bring Your Own Beretta?
Posted: Wed Dec 13, 2006 8:56 pm
by propellerhead
And when the dancer finds your pistol during a lapdance?
Posted: Thu Dec 14, 2006 1:05 am
by age_ranger
flintknapper wrote:Bring Your Own Beretta?
Posted: Thu Dec 14, 2006 7:53 am
by Crossfire
Is that a bunny with a pancake on its head?
Posted: Thu Dec 14, 2006 7:56 am
by longtooth
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
.
Posted: Thu Dec 14, 2006 9:45 am
by kauboy
llwatson wrote:Is that a bunny with a pancake on its head?
It most certainly is. It's Age's trademark.
Posted: Thu Dec 14, 2006 10:17 am
by MadDawg
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.
Posted: Thu Dec 14, 2006 10:58 am
by Crossfire
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.