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51%sign

Posted: Sat Jan 09, 2016 11:30 am
by wellerjohn
So the local Knights of Columbus posted 51% signs at the front door and they are not listed on the TABC website. We occasionally go to play bingo which is hosted every Monday night. they do sell beer and wine as well as burger, fries and such. Now there is no way that 51% of there revenue is from alcohol sales, as they get income from bingo, food, and renting out the hall. Sent the TABC a complaint back in October, finally in December I contacted them again and was told it was valid that the only revenue they were concerned about was alcohol and food receipts not any other income. Does that sound right to y'all?

Re: 51%sign

Posted: Sat Jan 09, 2016 2:22 pm
by Unocat
https://www.tabc.state.tx.us/laws/sign_requirements.asp

Weapons Warning Sign
All alcoholic beverages retailers must post one of two firearms signs. One sign is intended for use on the types of premises where a holder of a concealed hand gun license may lawfully possess a concealed hand gun: establishments licensed to sell alcoholic beverages for off-premises consumption or, if licensed for sale for on-premises consumption, establishments whose alcohol sales are 50% or less of total gross receipts. It warns that unlicensed possession of a concealed weapon is a felony.

The second sign, the 51% sign, is 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 gross receipts. These signs have 51% in large red letters superimposed over the warning and the warning notes that possession of a concealed weapon on the premises is a felony.

As a general rule, a true restaurant will have alcohol sales that are less than 50% of gross receipts and would be expected to post the first sign. However, if its alcohol sales are greater than 50% of gross receipts, then it would have to post the second.

Re: 51%sign

Posted: Sat Jan 09, 2016 2:37 pm
by Unocat
Sec. 104.06. MONITORING OF GROSS RECEIPTS. (a) On the issuance and renewal of a license or permit that allows on-premises consumption of any alcoholic beverage the commission shall determine whether the holder receives, or for the issuance of a license or permit is to receive, 51 percent or more of the gross receipts of the premises for which the license or permit is issued from the holder's sale or service of alcoholic beverages for on-premises consumption.
(b) The commission shall:
(1) adopt rules for making a determination under Subsection (a); and
(2) require a holder of a license or permit to provide any information or document that the commission needs to make a determination.
(c) If the commission makes a determination under Subsection (a) that a holder of a license or permit receives 51 percent or more of the gross receipts of the premises from the sale or service of alcoholic beverages, the holder shall comply with the requirements of Section 411.204, Government Code, and shall continue to comply with those requirements until the commission determines that the holder receives less than 51 percent of the gross receipts of the premises from the sale or service of alcoholic beverages for on-premises consumption.

Re: 51%sign

Posted: Sat Jan 09, 2016 6:06 pm
by oohrah
Just look up their TABC license and see what color gun sign they are supposed to display. They are only really a 51% place if the liquor license says gun sign RED. If not, you can carry, regardless of what TABC sign they post.

Re: 51%sign

Posted: Sat Jan 09, 2016 7:56 pm
by Keith B
I see several K of C locations that have 51% licenses. Just do a search on 'Knights' here http://www.tabc.state.tx.us/PublicInquiry/Status.aspx

Re: 51%sign

Posted: Sat Jan 09, 2016 10:30 pm
by srothstein
TABC is concerned with more than just alcohol and food. Their license application, both initial and renewal, ask for a breakdown of the income from alcoholic beverages, food and other beverages, and other. In addition, the determination has already been made and should show on their license. The agent should have checked the license to make sure the signs match the license.

If you check the TABC public inquiry database for the specific location you are referring to, you can give the agent the license number and its determination already when you refile the complaint.

Re: 51%sign

Posted: Sun Jan 10, 2016 11:56 pm
by thetexan
I believe it has to have Class A General Retail license for the sale of beer and alcohol also as a 51% business.

Tex

Re: 51%sign

Posted: Thu Jan 14, 2016 11:04 pm
by wellerjohn
There is no record or license number for the Knights of Columbus in Needville Texas with the TABC? Replied to the TABC email wanting the license number to review, it went unanswered.This really seems fishy to me, thinking of escalating it to our state representative in Austin.

Re: 51%sign

Posted: Fri Jan 15, 2016 9:55 am
by mojohn
License #: BG235703
Trade Name: NEEDVILLE COLUMBUS CLUB
Owner: NEEDVILLE COLUMBUS CLUB
Location Address:
13631 HWY 36
NEEDVILLE , TX 77461
Mailing Address:
PO BOX 613
NEEDVILLE , TX 77461
UNITED STATES
County: Fort Bend Orig. Issue Date: 9/1/1988
Status: Current Exp. Date: 8/31/2017
Wine Percent: 17
Location Phone No.: 9797936224

Subordinates:
Related To: Gun Sign: RED

Re: 51%sign

Posted: Sun Jan 17, 2016 4:57 am
by wellerjohn
Thanks mojohn