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Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 5:08 pm
by microsuck
Whats the general consensus on places that do NOT post 51% signs, but one might assume they are 51%? I know it is a defense to prosecution if it is not posted. I've noticed that 80% of bars I've patronized over the years seem to have no sign.
I've also seen venues that give pat-down screenings (albeit weak ones) by private security, and are probably 51%, yet zero signage anywhere. Risk it?
Obviously assuming no drinking.
Re: Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 5:10 pm
by FastCarry
If you are concerned, check TABC site.
For me.. No legal notification, don't ask don't tell.
Re: Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 5:37 pm
by WildBill
microsuck wrote:Whats the general consensus on places that do NOT post 51% signs, but one might assume they are 51%? I know it is a defense to prosecution if it is not posted. I've noticed that 80% of bars I've patronized over the years seem to have no sign.
I've also seen venues that give pat-down screenings (albeit weak ones) by private security, and are probably 51%, yet zero signage anywhere. Risk it?
Obviously assuming no drinking.
If you are looking for approval, I don't think you will find it here.
It it's a bar then it is 51%.
Other than a concert I have never been to a non-51% venue that pats you down.
Even if if it not posted I would not risk carrying a handgun on 51% property.
Edited per jmorris' citation.
Re: Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 6:00 pm
by jmorris
Sec. 46.03. PLACES WEAPONS PROHIBITED.
(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 or carried in a shoulder or belt holster, 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;
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
Re: Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 6:02 pm
by Solaris
WildBill wrote:
As far as I know, not having a sign posted, is not a defense to prosecution for carrying a handgun on 51% property.
I think you are confused.

law was recently changed
Text of subsection effective on August 01, 2016
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
Re: Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 6:06 pm
by WildBill
Solaris wrote:WildBill wrote:
As far as I know, not having a sign posted, is not a defense to prosecution for carrying a handgun on 51% property.
I think you are confused.

law was recently changed
Text of subsection effective on August 01, 2016
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
I missed that one. I was the one confused.

Re: Unposted, but "probably 51%" places?
Posted: Tue Feb 23, 2016 6:06 pm
by joe817
It's very easy. Go in and ask to see their liquor license. You will see a "SIGN = RED or a SIGN = BLUE.
Red is a 51% establishment.
This is what I've always done, although I haven't done that in years.