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51% sign question.
Posted: Mon Jul 31, 2006 8:05 am
by abelgarza1
Last night, I went to see George Lopez at the Municipal Auditorium in Harlingen. There were no 30.06 signs posted, no searches, no metal detectors, so I had no reservations about ankle strapping my G27 and heading into the lobby. I looked at all the entrances to the actual auditorium and no 30.06, so I knew I was ok to carry. Before the show started, I headed to the snack bar and lo and behold, a 51% sign, both in English and Spanish. The sign was posted inside the snack bar, but there is no specific cafe area.
My question is, does this one sign in the snack bar area make the whole auditorium off limits to concealed carry?
For the record, I did not leave. I might get flamed for not going back drop off my G27, but I'm not about to walk through a dark park at 1:00 in the morning with my wife to get back to my vehicle.
Posted: Mon Jul 31, 2006 8:31 am
by nitrogen
If you feel that a 51% sign is posted improperly, contact the TABC. They tend to be pretty agressive about getting improper ones removed.
Most places don't know any better. They get a package of signage and just put them up, wether its appropriate or not.
If the sign happened to be valid, then yes, the entire premise is off limits:
(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
Posted: Mon Jul 31, 2006 11:42 am
by txinvestigator
if the snack bar has its own TABC license at they meet the 51% rule, then the TABC requies them to post the sign. It does not affect the stadium. IMO.
Posted: Mon Jul 31, 2006 12:37 pm
by Diode
txinvestigator wrote:if the snack bar has its own TABC license at they meet the 51% rule, then the TABC requies them to post the sign. It does not affect the stadium. IMO.
Hmmm! So a Bowling Ally with a bar/snackbar inside could be a 51% but that would not count for the bowling area itself?
Posted: Mon Jul 31, 2006 1:07 pm
by KBCraig
nitrogen wrote:
If the sign happened to be valid, then yes, the entire premise is off limits:
No, only the premises defined by their TABC license.
It's possible for a hotel bar to be operated and licensed as a separate business, and to have 51% status. That doesn't make the hotel off limits. The same thing is possible here.
Kevin
Re: 51% sign question.
Posted: Tue Aug 01, 2006 1:29 am
by TC-TX
abelgarza1 wrote:My question is, does this one sign in the snack bar area make the whole auditorium off limits to concealed carry?
NO - only the area precribed within their TABC Certificate is off-limits.
Re: 51% sign question.
Posted: Tue Aug 01, 2006 2:36 am
by KBCraig
TC-TX wrote:abelgarza1 wrote:My question is, does this one sign in the snack bar area make the whole auditorium off limits to concealed carry?
NO - only the area precribed within their TABC Certificate is off-limits.
That agrees with what I posted, but then I had a thought. We know how individual and convoluted those "premises" descriptions can be. A 51% establishment can't sell open containers for off-premises consumption, and I think they have to warn that you can't take drinks beyond the boundaries.
But in a stadium, beer concessions sell specifically so that you can carry back to your seat, so who knows what the "defined premises" are?
Curiouser and curiouser.
My hunch is to go with having TABC check their +/-51% status. Could simplify things without getting into the technicalities.
Kevin