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I know that the general population is not able to carry in establishments with a TABC 51% sign. A fellow came thru my class the other day who is an owner of a 51% bar. He asked if it was legal for him or his employees to carry on the premises with his permission.

My question is, does the TABC license status override the rights a small business owner?

boomstick wrote:I know that the general population is not able to carry in establishments with a TABC 51% sign. A fellow came thru my class the other day who is an owner of a 51% bar. He asked if it was legal for him or his employees to carry on the premises with his permission.

My question is, does the TABC license status override the rights a small business owner?

He may carry in his establishment as can any property owner, as may his designated employees. TABC says it won't be an issue with his license either.

All the not a lawyer stuff and not legal advice as usual.

From my reading of the code the owner is allowed to and I think anyone working as a supervisor under the license for the license holder.

Penal code Chapter 46 Section 46.15 subsection a (7): holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;

from my reading that means the supervisor/owner could but reg employees cant.

Mr Srothstein to the courtesy phone please, paging Mr Srothstein to the courtesy phone!

I used to work in bars and nightclubs in my earlier years. Several of us carried, especially after hours when we were cleaning up and shutting down for the night. This was especially the case after a string of late night robberies at clubs in Dallas after they had closed. In one incident, all of the bar backs jumped into and hid in ice machines for hours after the robbery took place.

Actually, would be legal for almost any employee.
However, I understand that TABC has the opinion that only one (1), AND it has to be the senior manager or owner, can carry in a bar. If the manager is carrying and the owner comes in, the manager is supposed to put his/her gun up, regardless of whether the owner is carrying.

Had the same question by a student as manager of a 51% business. Mentioned his boss was ok with it, but worried of the legalities. His concern was the high intake of cash he had to carry out upon closing for the night.

Neverpanic1 wrote:Had the same question by a student as manager of a 51% business. Mentioned his boss was ok with it, but worried of the legalities. His concern was the high intake of cash he had to carry out upon closing for the night.

As long as the Bar is "property under the control" of the manager, there will be no criminal legal issue. TABC may have an opinion as stated above that would be relevant to the license holder keeping his TABC license.