On premises consumption in off premises location?

[wgoforth]

Generally we say that a convenience store could not actually be a 51% location as that is for on premises consumption, and you cannot consume on premises in convenience store.... yet TABC code sounds like there could be an exception. Thoughts?

Section 25.01 of the Texas Alcoholic Beverage Code: § 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
beer retailer's permit may sell:
(1) for consumption on or off the premises where sold,
but not for resale, wine, beer, and malt liquors containing alcohol
in excess of one-half of one percent by volume and not more than 17
percent by volume; and
(2) for consumption on the premises traditional port
or sherry containing alcohol in excess of one-half of one percent by
volume and not more than 24 percent by volume.

[MoJo]

Ask the TABC they are the enforcing agency.

[wgoforth]

Ask the TABC they are the enforcing agency.

Yeah... I called both state as well as district and they ran in circles so much it was obvious they didn't know! In fact, they didn't know anything about CHL and couldn't understand why I was asking. I tried explaining that CHL holders cannot enter a 51% location, so trying to determine if the sign is always inaccurate if placed at convenience store.....they then interrupted and said I needed to call DPS about CHL...

[apostate]

From http://www.tabc.state.tx.us/licensing/l ... iption.asp" onclick="window.open(this.href);return false; (emphasis mine)

WINE AND BEER RETAILER'S PERMIT (BG)
Permit authorizes the holder to sell for consumption on or off the premises where sold but not for resale, beer, ale, malt liquor and wine not more than 14% or 17% (depending on type of local option election). Requires adequate seating area for customers.

WINE AND BEER RETAILER'S OFF-PREMISE PERMIT (BQ)
Permit authorizes the holder to sell for off-premise consumption only, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent (1/2 of 1%) by volume and not more than 14% or 17% of alcohol by volume (depending on type of local option election).

also

RETAIL DEALER'S OFF-PREMISE LICENSE (BF)
License authorizes holder to sell beer in a lawful container direct to the consumer but not for resale and not to be opened or consumed on or near the premises.

RETAIL DEALER'S ON-PREMISE LICENSE (BE)
License authorizes holder to sell beer for consumption on or off premises in a lawful container to the ultimate consumer but not for resale. Requires adequate seating area for customers.

[MoJo]

Sounds like the "ice houses" in Houston. A convenience store that has an area outside for patrons to sit and enjoy a cold one.

[srothstein]

Apostate beat me to the correct answer. There are different classes of licenses/permits for various entities. Most of the ice houses get a permit for both on and off premise sale so tha they can let a customer take a six-pack (or more) home with him. It will almost always still be a 51% location. Most convenience stores get an off-premise license only. They are never going to be a 51% location.

I think the best way to check is to look up the license in the TABC public database. It will tell you if the sign is blue or red. A red sign is a 51% location and a blue sign is not. Remember that the actual wording of the law is if TABC says it is 51% or not, not what it really is. If you are out someplace and see the sign before you get to look it up, obey it until you verify it. There is no penalty for ignoring the invalid sign (though a cop might still arrest thinking it is valid) but a big penalty for ignoring the proper one.

[wgoforth]

Apostate beat me to the correct answer. There are different classes of licenses/permits for various entities. Most of the ice houses get a permit for both on and off premise sale so tha they can let a customer take a six-pack (or more) home with him. It will almost always still be a 51% location. Most convenience stores get an off-premise license only. They are never going to be a 51% location.

I think the best way to check is to look up the license in the TABC public database. It will tell you if the sign is blue or red. A red sign is a 51% location and a blue sign is not. Remember that the actual wording of the law is if TABC says it is 51% or not, not what it really is. If you are out someplace and see the sign before you get to look it up, obey it until you verify it. There is no penalty for ignoring the invalid sign (though a cop might still arrest thinking it is valid) but a big penalty for ignoring the proper one.

Thanks! That makes perfect sense.

[ghostrider]

It sure would be a lot less confusing once we can do away with the whole 51% part of the code.

As the Govenor says, we should be able to carry anywhere in Texas.

[MeMelYup]

From http://www.tabc.state.tx.us/licensing/l ... iption.asp" onclick="window.open(this.href);return false; (emphasis mine)

WINE AND BEER RETAILER'S PERMIT (BG)
Permit authorizes the holder to sell for consumption on or off the premises where sold but not for resale, beer, ale, malt liquor and wine not more than 14% or 17% (depending on type of local option election). Requires adequate seating area for customers.

WINE AND BEER RETAILER'S OFF-PREMISE PERMIT (BQ)
Permit authorizes the holder to sell for off-premise consumption only, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent (1/2 of 1%) by volume and not more than 14% or 17% of alcohol by volume (depending on type of local option election).

also

RETAIL DEALER'S OFF-PREMISE LICENSE (BF)
License authorizes holder to sell beer in a lawful container direct to the consumer but not for resale and not to be opened or consumed on or near the premises.

RETAIL DEALER'S ON-PREMISE LICENSE (BE)
License authorizes holder to sell beer for consumption on or off premises in a lawful container to the ultimate consumer but not for resale. Requires adequate seating area for customers.

What signs do they require?

[srothstein]

All licensed premises for on premises consumption require the blue sign or the red 51% sign, depending on the sales. All places licensed just for off-premises consumption require the blue sign and a sign saying it is a misdemeanor to consume on the premises.