GOVERNMENT CODE
§ 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).
(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
Once the TABC has determined that the business derives 51% of its income from on premise consumption of hooch, then they are to post the
"51" sign. Now the nifty thing, or the pain in the neck aspect of the law is that very few codes stand alone.
PENAL CODE
§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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, 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;
How can I "...intentionally, knowingly or recklessly..." carry a concealed handgun where > 51% of sales is for on premise consumption if it is not posted? If it offers anything other than alcohol sales, or in the rare instance where you have the combination bar/carry out store there is no practical way of knowing whether 51% is OPC alcohol or not. That said it would probably be considered "reckless" to carry into a place called "Blue Moon Lounge" or something akin to it, whether it was posted or not.
