TexasCHLforum.com

Keith B 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,

Not necessarily. They may be licensed for on-premise and a 51% location, but that doesn't mean they can't decide to only sell for out the door and not allow folks to consume on premise, even though they could drink it there legally.

Technically you might be correct, however I doubt that any business (bar) that is licensed to sell alcoholic beverages for on-premises consumption would not allow folks to consume on premises.

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,

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.

No. It is the responsibility of the business to properly post the 51% 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, Alcoholic Beverage
Code, shall prominently display at each entrance to the business
premises a sign that complies with the requirements of Subsection (c).
(b) A hospital licensed under Chapter 241, Health and Safety Code,
or a nursing home licensed under Chapter 242, Health and Safety
Code, shall prominently display at each entrance to the hospital or
nursing home, as appropriate, a sign that complies with the requirements
of Subsection (c) other than the requirement that the sign
include on its face the number '51 ' .
(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.

Please see the use of the word "shall". That means it is NOT OPTIONAL. In addition:

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(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;
.
(k) It is a defense to prosecution under Subsection (b)(1) that the
actor was not given effective notice under Section 411.204, Government
Code.