Search found 5 matches

by Mike1951
Mon Jan 11, 2010 9:33 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 144149

Re: "Off Limits" locations for CHL's

joe817 wrote:
c.com wrote:I'm assuming it is ok to carry at Mardi Gras, here in TX and LA?
In LA, ANY establishment that serves beer and liquor is strictly off limits to CHL holders. Please go to the "Other States" forum to look up LA carry laws. :tiphat:
Here is where the conflict arises:
RS 40:1379.3
N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

(10) Any portion of the permitted area of an establishment that has been granted Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.

RS 26:71.1
§71.1. Class A permit; definitions
The commissioner shall issue the following four types of Class A retail liquor permits:
(1) Class A-General:
(a) A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers. Such an establishment must be equipped with a permanent wet bar equipped with a non-movable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.
(b) A Class A-General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take out service. Such an establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where a Class A-General retail outlet is located.
(c) Repealed by Acts 1995, No. 1016, §2.
(d) A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).
(e) Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph, the commissioner may issue a Class A-General liquor permit to any bona fide commercial film theater which had a Class A liquor permit on January 1, 1994.
(f) Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner may issue a Class A-General retail permit to any retail establishment for consumption on or off the premises. Such establishment must meet all state and local zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located. A Class A-General retail permit issued pursuant to the authority granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivisions thereof.
(g) The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventy-five square feet of public habitable floor area.
(h) The commissioner shall promulgate rules regarding requirements related to the number and location of public restrooms to be used in conjunction with the licensed premises of each Class A-General retail permit.
(i) Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph.
(2) Class A-Restaurant:
A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(B) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.

RS 26:90
§90. Acts prohibited on licensed premises; suspension or revocation of permits

A. No person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises:

(8)(a) Employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business unless the minor is a musician performing in a band on the premises under written contract with the permittee for a specified time period and is under the direct supervision of his parent or guardian during such time. If the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of eighteen may be employed as long as the minor's employment does not involve the sale, mixing, dispensing, or serving of alcoholic beverages for consumption on the premises.
Carry is only restricted in those locations issued a Class A - General license. By definition, those locations bar admission to anyone under 18.

There is no restriction for the Class A - Restuarant license. In short, a restuarant that serves alcohol and does not restrict admission under the age of 18, is legal to carry there.
by Mike1951
Sat Sep 19, 2009 6:13 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 144149

Re: "Off Limits" locations for CHL's

CHLady wrote:I'm new to this forum and have to admit I certainly wasn't expecting to see all this type of discussion on this topic. I thought I would find things like Mr. Cotton's first post and then things like a list of popular restaurant chains, etc. that one wouldn't think would have the 51% sign up but do. Seems like that sort of info would be helpful.
Although many locations have dedicated threads, member Russell has a clearing house type list here:

http://www.texas3006.com" onclick="window.open(this.href);return false;
by Mike1951
Sat Sep 19, 2009 6:06 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 144149

Re: "Off Limits" locations for CHL's

C-dub wrote:Also, regarding my wife, who does not have a CHL, if she wanted to carry under the MPA and a school parking lot were 30.06 posted would it apply to her? I'm thinking that because of the language it would not.
30.06 would not apply to a non-CHL. However, without a resident CHL, she would be in violation of the Federal Gun-Free School Zones (1000').
by Mike1951
Wed Aug 13, 2008 8:54 am
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 144149

Re: "Off Limits" locations for CHL's

But the point is that Mr. Cotton's statement was and is correct.

Lunchbox just didn't read all of it.
by Mike1951
Wed Aug 13, 2008 3:18 am
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 144149

Re: "Off Limits" locations for CHL's

You didn't read all of it, rather just pulled something out of context.
Charles Cotton wrote:Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(j).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c).

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