TexasCHLforum.com

JALLEN wrote:Does anyone in San Antonio know if Alamo Brewery has signs?

They are having an Octoberfest during the next month, nothing shown in Texas3006.com or on their website

They should not be a 51% location. They would make the majority of their revenue from the manufacture and sale for off-premise consumption. You more than likely won't even find them on a search for a license since they are a brewery.

Edit to add: They are in the database as Alamo Beer Company. However, the license is a D class, which I believe is for distributor. There is no gun sign listed as they are not set up for on-premise consumption. The only issue might be if they set up a separate entity for Octoberfest and have a biergarten as a stand-alone venue for sale and on-premise consumption. Watch for signs around the drinking area, that should tell you, but not until you are there.

brian1973 wrote:New guy here so forgive me if I post this in the wrong spot but I was also told that a restaurant like applebees, chili's, etc may have a 51% sign posted in the bar so you can carry as long as you do not sit in the bar area..correct? I was also told that there was no BAC for carrying a firearm, any amount is over the limit.. I guess reading above that is incorrect.
i will research myself but figured since there was a thread already I would ask the expierenced folks.

As for the limit on alcohol, the definition is as above. Basically, if you are .08 or above it is defacto intoxication. But even if you are below that level you can be arrested if the officer feels you are intoxicated by definition. It is just more burdensome for the officer to prove the intoxication case without a BAC test.

As for the Chili's, etc, the 51% determination is made by total revenue from sale of alcohol and food sales. When a business applies for a liquor license to sell for on premise consumption, they must define the area that drinks will be served. So in the case of most restaurants they would have to limit the sale and drinking to the bar area AND make more than 51% of their total revenue (food and drink) from alcohol sales to be a 51% location.

So, it would be a very rare case to see this type of scenario at a chain restaurant. You normally see this type of scenario when a contracted company comes in to sell concessions and makes more of their revenue from their alcohol sales. A good example is Bass Performance Hall in Fort Worth. The hall is owned by a different group than who sells the alcohol. The company that sells the alcohol makes more than 51% of their revenue from the sale, and since that company holds the liquor license and they defined the whole building a 'premises' for consumption, then the whole building is off limits for CHL.

with ScottDLS pointing to the section of the code referring to 49.01.

locke_n_load wrote:
There is no definition of intoxicated in the penal code, and an officer may treat someone with the same standards as *DWI as far as arrest goes, but the law does not mention .08 BAC or otherwise.

Actually, there is a definition. It is defined in 49.01 and would be used for carrying as well as driving.

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.