TexasCHLforum.com

srothstein wrote:

JJVP wrote:

srothstein wrote: If they only sell bottles of sealed alcohol and do not let you open the bottle in the store, if the license says the sign is red then the place is off limits to a CHL.

If they have the Red sign, they have the wrong sign,

GC §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,

The large bold red print is the critical section. If the license says the sign is red, then the determination by TABC was that they do meet the 51% rule, regardless of what they actually do. This was the whole point of my post.

Thanks for the clarification for everyone and is basically what the TABC guy said when I called to inquire about Contenders in Cedar Park. They had both the "unlicensed" and "51%" signs posted. The guy told me all that matters is what the license says. Last time I was there, they had the right sign by the way.

Kythas wrote:A business that makes 51% or more of their money from on premises alcohol consumption is off limits, whether they post the 51% sign or not. Even if they post the wrong sign, and are a 51% business, it's still illegal to carry. It's your responsibility to know and not the business' responsibility to post the appropriate sign. Stupid, I know, but that's the way it is.

One way you can find out is to ask to see their liquor license which should be posted. If the license says "Sign=red" it's off limits. If the license says "Sign=blue" then carry away.

You should notify the TABC and let them know this bar is not posting the proper sign. They'll visit and get them to post whichever sign is appropriate.

Apologies to Kythas.....I didn't see your post before I posted about the same thing. Only red the first point before responding.

Another option is to look at the Liquor license. If it says "SIGN = BLUE" you are good and they should be posting the "Unlicensed Possession" sign. If it says "SIGN = RED" they should be posting the 51% sign. There is a place in Cedar Park that posted both types of signs, and I inquired with TABC. They said they'd look into it (and did and ultimately the 51% sign came down), but the guy told me to just look at the License if ever unsure about a sign posting.

So, this brings us to another question.... If a place has a "BLUE" sign and license, and in fact is really selling >50% in alc sales, to me that means they have the wrong license right? It would surprise me if we as CHL holders are required any due diligence other than what the Liquor license on display actually says when there is a question about a sign posting. Certainly could be wrong about that however.....