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And just to emphasize, the actual sales do not matter any more than the sign does. The law (PC 46.035) says gets 51% of income "as determined by" TABC. Thus, how TABC determines it is the real overriding factor on whether or not you can be charged, even if TABC is wrong in its determination.

To help though, I did a quick check on this in our public inquiry system. One of the interesting things you can learn is that certain subordinate licenses mean certain things. For example, a place with a mixed beverage (MB) license can get a food and beverage (FB) license as a subordinate if they sell more food than alcohol. So when you check the inquiry system, the FB under subordinates is a sure sign that it is not 51%. This owner has several similar locations with MB's and most also have an FB. This specific one does not have an FB.

Now, the lack of an FB means nothing in and of itself (it is not required). But, if the same owner gets it for several places and not for one location, I think it would be indicative that this one location really is 51%.

Of course, you can check the license to be 100% positive. It tells you what type of sign they are required to have.