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by Charles L. Cotton
Thu Sep 15, 2005 4:02 pm
Forum: General Texas CHL Discussion
Topic: Alamo Drafthouse?
Replies: 38
Views: 10173

Suckhow wrote:Use extreme caution here...

I happen to own some restaurant/bars in Houston many of you have probably heard of.

Alamo Draft house derives a substantion percentage of their revenue from the on premise sale of alcoholic beverages. Sometimes their number get very close to or even exceed 50%.

One of their units ranks in the top 50 in total mixed beverage reciepts in the Houston Metro area at times,
This is good advice. In 1996, when then Harris County DA Johnny Holmes reversed his long-standing opposition to CHL, he testified during an interim study on implementation of SB 60. He testified that the Penal Code should be changed such that the failure to post a 51% sign would be a defense to prosecution for carrying in a 51% establishment. Then as now, the failure to have a sign is not a recognized defense. There would be an argument that you didn't have the required mental state (mens rea), because you didn't know it was a 51% location, but I wouldn't want to bet my future on that argument!

Regards,
Chas.

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