ANOTHER 51% Question

[CCreyeder]

I was going to post this in the other 51% thread, but it was a different topic and didnt want to hijack the thread.

So... I stop at a liquor store this evening to pick up a bottle of bourbon for at home consumption... My carry piece was locked up in the trunk of my car becuase earlier I had been helping a friend move and was stripped down to my t-shirt. But, normally, I would have carried right on in.. No sign of any kind at the entrance to the store. BTW... this is a little store, in a strip mall, next to a grocery store... NOT a bar... strictly a store front liquor store... Anyway... as I am paying... I look around and behind me was a red 51% sign! Actually, they had BOTH the blue and the red signs.... I guess they are using the "shotgun" approach lol.. It is my understanding that the 51% sign is for ON SITE consumption? Are they posting incorrectly? What would have happend had I been carrying? I am confident that even if I had been carrying, they would not have noticed, but I dont want to do anything illegal.

[Keith B]

I was going to post this in the other 51% thread, but it was a different topic and didnt want to hijack the thread.

So... I stop at a liquor store this evening to pick up a bottle of bourbon for at home consumption... My carry piece was locked up in the trunk of my car becuase earlier I had been helping a friend move and was stripped down to my t-shirt. But, normally, I would have carried right on in.. No sign of any kind at the entrance to the store. BTW... this is a little store, in a strip mall, next to a grocery store... NOT a bar... strictly a store front liquor store... Anyway... as I am paying... I look around and behind me was a red 51% sign! Actually, they had BOTH the blue and the red signs.... I guess they are using the "shotgun" approach lol.. It is my understanding that the 51% sign is for ON SITE consumption? Are they posting incorrectly? What would have happend had I been carrying? I am confident that even if I had been carrying, they would not have noticed, but I dont want to do anything illegal.

You are correct that the 51% sign is for on-premise consumption. It was improperly posted.

As to legallity, the existance of the sign does not make it off limits if it is improperly posted, even at a place that serves on-premise.

However, if a location IS a 51% location and doesn't have the sign, they are still off limits. It is only a defense to prosecution if they don't have the 51% sign posted.

[CCreyeder]

should I contact TABC or just let sleeping dogs lie?

[Keith B]

should I contact TABC or just let sleeping dogs lie?

Shouldn't hurt to call them. They will contact the store and make sure they remove the improper sign.

[srothstein]

That is a personal judgement. The double sign has no legal meaning and some on the board think you should let it lie when there are improper signs.

But, since this is one where the improper sign is actually an illegal sign, the question becomes a little different. Would the shop owner post a 30.06 when TABC tells him to take down the improper sign? This is where you have to decide if it is worth it. I think I would let it lie since TABC doesn't pay me to enforce their rules any more, but that is a slightly biased point of view.

[mgood]

It is my understanding that the 51% sign is for ON SITE consumption? Are they posting incorrectly?

They are posting incorrectly. And I've heard that TABC is interested in hearing stories like this.

What would have happend had I been carrying?

You could legally carry there. The sign is complete and total nonsense at that location.

[CCreyeder]

That is a personal judgement. The double sign has no legal meaning and some on the board think you should let it lie when there are improper signs.

But, since this is one where the improper sign is actually an illegal sign, the question becomes a little different. Would the shop owner post a 30.06 when TABC tells him to take down the improper sign? This is where you have to decide if it is worth it. I think I would let it lie since TABC doesn't pay me to enforce their rules any more, but that is a slightly biased point of view.

Yea, I would never say anything about a "gun-buster" sign, but this situation seems a little different, but you are right, they could replace it with a 30.06. I dont think I will do anything about it. Well, if I am ever in there again, I guess I could ask them, "so, ya'll serve drinks here?" And I guarantee you they would have no idea what I was talking about