TexasCHLforum.com

johnson0317 wrote:

Keith B wrote:Actually, minors can drink in Texas if the are with their parent, adult legal guardian or adult spouse.

I hate it when I say something clearly, and then my kids ask if I am serious...but are you serious? I could take my 16 year old, or my 11 year old into a bar and buy them a whiskey sour?

RJ

Yes, he is serious and correct. The only law on this says they must stay in your presence. If you get up to go to the bathroom or dance, they must not have the drink in front of them.

Basically, it is one of the few areas where the law still recognizes the right of parents to raise their children as they desire.

Just so you can see it, here is the law:

Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR.
...
(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.

I want to emphasize that the law banning carrying does not say if posted. It also does not say if it IS a 51% location. It says if it is as determined by TABC. Recently, in large part due to members of this forum, TABC changed their public records to tell us what they determined the location to be. When you go to their website, you can search for any licensed location and get the determination. If the record says "sign = red" it is 51% as determined by TABC and a line saying "sign = blue" means it is not.

And just as a side note, they make the determination based on how the questions are answered on the application/renewal. If the license allows for on premise consumption, they look at how much the expected sales will be. The form asks for sales from alcohol, sales from food, and other sales. If the alcohol sales is greater than the food and other, it is 51%. If the owner does not want to be 51%, he just needs to adjust this answer appropriately when he renews.