Obedience to the sign is NOT required. The law simply requires that you cannot carry where the business derives 51% or more of its revenue for the sale of alcohol for on premise consumption. It the give you a defense to prosecution IF there is no sign posted.
You can tell if a place is really 51% by looking at the publicly posted TABC license. If the license reads "Sign= Blue" they are not 51%, if it reads, "sign= Red, then they are 51%.
A call to your local TABC office will result in them being checked and required to be in compliance.
Really? Tell you what, my friend - YOU ignore that sign and spend the money defending yourself. Me, I'll obey the sign, contest it if justified - but until a lawful authority causes it to be removed, I'll follow it.
Nothing is even mentioned about a sign. In the last session, we got a defense if there was no sign posted;Texas Penal Code
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(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;
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
You can check here: Texas Alcoholic Beverage Commission
I know of a similar situation, a place that is a restaurant during the day and a bar in the evenings. It has a 51% sign outside the door so carrying there is illegal at any time...
Cheers! M2
The 51% status, not the posting of the sign, determines if it is illegal to carry there.
GENERAL CODE
GC §411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(a) A business that has a permit or license issued under Chapter
25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51
percent or more of its income from the sale of alcoholic beverages for
on-premises consumption as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage
Code, shall prominently display at each entrance to the business
premises a sign that complies with the requirements of Subsection (c).
(b) A hospital licensed under Chapter 241, Health and Safety Code,
or a nursing home licensed under Chapter 242, Health and Safety
Code, shall prominently display at each entrance to the hospital or
nursing home, as appropriate, a sign that complies with the requirements
of Subsection (c) other than the requirement that the sign
include on its face the number "51".
(c) The sign required under Subsections (a) and (b) must give
notice in both English and Spanish that it is unlawful for a person
licensed under this subchapter to carry a handgun on the premises.
The sign must appear in contrasting colors with block letters at least
one inch in height and must include on its face the number "51" printed
in solid red at least five inches in height. The sign shall be displayed in
a conspicuous manner clearly visible to the public.
(d) A business that has a permit or license issued under the Alcoholic
Beverage Code and that is not required to display a sign under
this section may be required to display a sign under Section 11.041 or
61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food and
beverage certificate issued under the Alcoholic Beverage Code.
PENAL CODE
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(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;
Subch. A GENERAL PROVISIONS
§6.4. NOTICE REQUIRED ON CERTAIN PREMISES. (a) Notice: The
following establishments shall prominently display an appropriate notice
at each entrance to the premises, to state that it is unlawful to carry
a handgun on the premises:
(1) a business that has a permit or license issued under Alcoholic
Beverage Code, Chapter 25, 28, 32, 69, or 74, and that derives 51%
or more of its income from the sale of alcoholic beverages for onpremises
consumption as determined by the Texas Alcoholic
Beverage Commission under Alcoholic Beverage Code, §104.06.
(2) a hospital licensed under the Health and Safety Code, Chapter
241.
(3) a nursing home licensed under the Health and Safety Code,
Chapter 242.
(b) Text. The sign must state that it is unlawful for a person licensed
under the Act to carry a handgun on the premises. The notice must
also be posted in Spanish.
(c) Visibility. The sign must appear in contrasting colors with block
letters at least one inch in height and must include on its face the
number "51" printed in solid red at least 5 inches in height. The sign
shall be displayed in a conspicuous manner clearly visible to the public
from outside or immediately inside each public, service, and employee
entrance. Signs required by this section are not required to be posted
by fire exits, interior entrances, or entrances to individual resident
rooms.
§6.44. PLACES PROHIBITED: FELONY VIOLATIONS. A license
holder may not carry a handgun on or about the license holder’s person
under authority of the Act in the following places:
(1) On the premises of a business that has a permit or license
issued under Alcoholic Beverage Code, Chapters 25, 28, 32, 69, or
74, if the business derives 51% or more of its income from the sale or
service of alcoholic beverages for on-premises consumption. Posting
is required by the Act, but an establishment’s failure to post is not a
statutory defense to the license holder. Violation is a third degree
felony under Texas Penal Code, §46.035.
An interesting question. It seems logical that the bar area might be considered off limits, but the dining area not off limits. When I took the CHL class in Florida, they do not have 30.06 or 51 like restrictions, but the instructor stated something similar.
Wahl, ah tell ya what, buttercup. You go ahead an' tote yer hoglaid into that place with the 51% sign, mosey over to their license, an' as ya see the RED print...figger out how yer gonna git outta it!
I was in a restaurant the other day and this time I noticed they had a 51% sign behind the counter. What made this strange, at least to me, is that they sell very little alcohol. So my question is, Can they post a 51% sign even if they meet the 51% in alcohol sells? Thanks
Look for the liquor license, which should be prominently posted. If it says SIGN = RED in the middle, TABC considers the establishment 51%.
If Redneck was right, the Jared's Jewelers in San Antonio that posts 51% would be off limits.
You KNOW Jared's doesn't serve alcohol. If they did, until I was SURE they had posted it in error, I'd damned well not enter it armed. You are, of course, free to do whatever you wish.
Feel better now, Classy?
. The jails are populated with folks that didn't THINK what they were doin' was illegal.