Helotes Cornyval

[Keith B]

Keith,

The answer to both questions is yes. If they tell us the money will be mostly alcohol sales, the permit is written as 51%. And it would take a thorough investigation to prove that they did not get 51% and overturn the permit decision. To make a difference in a court case for unlawfully carrying, it would take even more to prove that they deliberately lied on the application. If they submitted what they truly anticipated sales to be and the decision were made on that basis, the law would apply since it specifically says it is the TABC decision that counts.

That's what I was thinking from my interpretations of other posts you have provided.

Thanks again for your input on these types of issues. It is invaluable!! :-)

[Keith B]

Keith,

The answer to both questions is yes. If they tell us the money will be mostly alcohol sales, the permit is written as 51%. And it would take a thorough investigation to prove that they did not get 51% and overturn the permit decision. To make a difference in a court case for unlawfully carrying, it would take even more to prove that they deliberately lied on the application. If they submitted what they truly anticipated sales to be and the decision were made on that basis, the law would apply since it specifically says it is the TABC decision that counts.

That is what is messed up. IMO, they have to PROVE that 51% IS derived from alcohol sales and from what I've seen it wouldn't be more than 45%.

I can tell you if it is that close (45% vs. 51%) then as a venue operator I would also apply for a 51% license too. It wouldn't take a whole lot of additional sales to run you over and make you illegal. All you would need is a few frat boys from UT to show up and make you a 75% venue!!!

[Furyataurus]

How would I go about seeing if the Cornyval DID derive 51% from alcohol sales????

[Purplehood]

Keith,

The answer to both questions is yes. If they tell us the money will be mostly alcohol sales, the permit is written as 51%. And it would take a thorough investigation to prove that they did not get 51% and overturn the permit decision. To make a difference in a court case for unlawfully carrying, it would take even more to prove that they deliberately lied on the application. If they submitted what they truly anticipated sales to be and the decision were made on that basis, the law would apply since it specifically says it is the TABC decision that counts.

That is what is messed up. IMO, they have to PROVE that 51% IS derived from alcohol sales and from what I've seen it wouldn't be more than 45%.

How did you figure that one out?

[Keith B]

How would I go about seeing if the Cornyval DID derive 51% from alcohol sales????

Read the post from srothstein earlier in the thread. The TABC has to do an investigation, and on a venue like that which is a short lived event, it will probably not happen.

[roberts]

How would I go about seeing if the Cornyval DID derive 51% from alcohol sales????

Read the post from srothstein earlier in the thread. The TABC has to do an investigation, and on a venue like that which is a short lived event, it will probably not happen.

I think emails to your local Wayne Dolcefino if TABC turns a blind eye to violators.

[Furyataurus]

Keith,

The answer to both questions is yes. If they tell us the money will be mostly alcohol sales, the permit is written as 51%. And it would take a thorough investigation to prove that they did not get 51% and overturn the permit decision. To make a difference in a court case for unlawfully carrying, it would take even more to prove that they deliberately lied on the application. If they submitted what they truly anticipated sales to be and the decision were made on that basis, the law would apply since it specifically says it is the TABC decision that counts.

That is what is messed up. IMO, they have to PROVE that 51% IS derived from alcohol sales and from what I've seen it wouldn't be more than 45%.

How did you figure that one out?

The times I was there there weren't that many people buying beer/margaritas for what kind of crowd was there. Didn't see any liquor sold by itself.

[srothstein]

How would I go about seeing if the Cornyval DID derive 51% from alcohol sales????

I am not sure if you can. Many charities will make their books open, or at least an audit of the results. You might just ask to see their last audit.

I think your best bet would be to get the newspapers interested. I am not sure they would care about our side (though some reporters might), but you could use it as an example to argue a different one should be posted 51% and is not. Of course, you would have to find one that is not posted first.

You might raise the point with a legislator after the session is over. I am sure some of the real pro-2A politicians would be interested.

You could file a complaint at TABC, but I am not sure if it would do any good. I think they would say it is now moot since the license is expired. I don't know enough about how they handle the temporary permits like that to say what would really happen. They may be interested if you showed it as a pattern over a couple years, but if you only complained about the one, they might say it was just an honest mistake and sales were only estimated after all.