Interesting 51% sign

[packina45]

We just returned from a weeklong visit to Ft. Worth, and noticed an interesting 51% sign in the Stockyards area. The business was the Texas Wine shop in the old Sheep Exchange building. While they're primarily a liquor store, selling wine by the bottle for off-premise consumption, they also sell "tastings" (on-premise consumption).

I find it hard to believe that over half their sales comes from on-premise "tastings".

Also stopped at a Chevron station on the west side and saw something interesting there. Although the store is less than two years old, they were displaying the old "It is a felony to possess a firearm" signs from pre-CHL days. Not printed signs, either, but the exact wording from the old signs painted/stenciled on the glass window next to the door. In English and Spanish.

The wife and I also happily ignored a couple of "Ghostbusters" signs, including one at the Russel Stover Factory Outlet store in Terrell.

[jimlongley]

Yup, that's Lone Star Wines, which I have posted about here before. Maybe tomorrow I will call TABC about them, they pretty obviously do NOT generate 51% or more of their income from sale for consumption on premise.

Click the thumbnail for a full size view.

[Texasdoc]

I have seen this type of sign before at a place in Austin that does the same thing. it was reported to TABC and it was Removed and replaced with a very bad 30.06 sign that was only 12" tall and 18 " long with 5 misspilled words .

the place is the wine press on Airport Blvd.


300shooter

[packina45]

Yup, that's Lone Star Wines, which I have posted about here before. Maybe tomorrow I will call TABC about them, they pretty obviously do NOT generate 51% or more of their income from sale for consumption on premise.

I posted them as "invalid posting" on http://www.texas3006.com

[srothstein]

Don't post it as invalid yet. It may take a decision or reversal of a decision by TABC.

Remember, the law reads that it is illegal to carry if the store gets 51% of their income from on-premise sales "as determined by TABC". That is without any regard for the real facts of how much they get. The implication is TABC will make a thorough check, but, as I have posted before, we go by how they report the sales to us and I don't think it breaks it down by on or off premise - just alcohol versus all other sales.

Much as I hate to admit it, TABC may have made a mistake in this case. If so, until TABC decides otherwise though, the posting IS valid.

[Jason73]

from TABC website:

All alcoholic beverage retailers must post one of two firearms signs.

The 51% sign is required to be posted on the premises of establishments where the possession of any concealed weapon is illegal. These are establishments that are licensed to sell alcoholic beverages for on-premises consumption whose alcohol sales constitutes more than half of their gross receipts. These signs have 51% in large red letters superimposed over the warning which notes that possession of a concealed weapon on the premises is a felony.

Establishments licensed to sell alcoholic beverages for off-premise consumption or establishments licensed to sell for on-premises consumption whose alcohol sales are 50% or less of total gross receipts are required to post a sign that warns that the unlicensed possession of a concealed weapon is a felony. The holder of a concealed handgun license may lawfully possess a concealed handgun on these premises.

I find it difficult to believe that Texas Wine generates more than 51% of its gross receipts from on-premises consumption but thats just my opinion.



http://www.tabc.state.tx.us/help/General.htm

[packina45]

from TABC website:

All alcoholic beverage retailers must post one of two firearms signs.

The 51% sign is required to be posted on the premises of establishments where the possession of any concealed weapon is illegal. These are establishments that are licensed to sell alcoholic beverages for on-premises consumption whose alcohol sales constitutes more than half of their gross receipts. These signs have 51% in large red letters superimposed over the warning which notes that possession of a concealed weapon on the premises is a felony.

Establishments licensed to sell alcoholic beverages for off-premise consumption or establishments licensed to sell for on-premises consumption whose alcohol sales are 50% or less of total gross receipts are required to post a sign that warns that the unlicensed possession of a concealed weapon is a felony. The holder of a concealed handgun license may lawfully possess a concealed handgun on these premises.

I've been trying to rethink this, and upon reading the statute carefully, it may well be a proper posting. It says "licensed to sell for on-premise consumption whose alcohol sales constitutes more than half of their gross receipts".

If the only thing they sell is alcohol, it would appear that the 51% does apply, regardless of what percentage of those sales are "on-premise consumption". IANAL but that's the way it reads to me if one looks at it narrowly.

Personally, I think Gov. Perry has the right idea. If you're licensed to carry, you should be able to carry, and put an end to the confusion.

[Renegade]

I have seen this type of sign before at a place in Austin that does the same thing. it was reported to TABC and it was Removed and replaced with a very bad 30.06 sign that was only 12" tall and 18 " long with 5 misspilled words .

Good example why you do not be the "51% Police". just leave it alone. I am sure some CHL will be along to point their sign is not correct, and they will get a correct one in place, and then a place you could have carried in is now off-limits.

[bburgi]

Good thoughts there packin... I had never read it that way.

If it DOES indeed read that way, then a place like a wine shop who is licensed for on-premises consumption (such as for wine tastings, a wine bar, etc) only has to make 51% of their income from alcohol sales period, not on-premises alcohol sales.

Any law-dogs want to chime in on that thought?

[Renegade]

Good thoughts there packin... I had never read it that way.

If it DOES indeed read that way, then a place like a wine shop who is licensed for on-premises consumption (such as for wine tastings, a wine bar, etc) only has to make 51% of their income from alcohol sales period, not on-premises alcohol sales.

Any law-dogs want to chime in on that thought?

That blurb from TABC is irrelevant. Here is the law that matters:

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

...

(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;

[bburgi]

Bingo - there you go Renegade. Thanks!