51% sign question

[GeorgeS]

As I understand it, you may not carry a firearm in an establishment with a 51% sign posted.

I was enjoying a beer on the patio of a place that had no signage at the door or on the patio. A friend later informed me that their only sign is posted inside, behind the bar. You do not have to walk through the bar to get to the patio, and they have servers handling orders.

If the '51%' is not visible from the patio, would it be unlawful to carry on the patio?

 

[ZX9RCAM]

I would have to think so, as long as it was an actual bar, not a restaurant, that served drinks.

 

[baboon]

TABC is pretty strict on 51%. If an establisment is not well posted it's because they didn't hang the signs.

 

[GeorgeS]

Bar only, no food.

If the sign is not visible where you're seated or at the entrance you used, how can you be breaking the law?

 

[Sam Colt]

The way you asked the question pretty clearly shows you know you're breaking the law. What you're really looking for is an excuse.

Concealed carry is unlawful in a business which derives 51% of its revenue from alcohol sales. It is an acceptable defense to prosecution that the sign was not properly displayed.

 

[GeorgeS]

The way you asked the question pretty clearly shows you know you're breaking the law. What you're really looking for is an excuse.

Concealed carry is unlawful in a business which derives 51% of its revenue from alcohol sales. It is an acceptable defense to prosecution that the sign was not properly displayed.

Incorrect. I was unaware of any '51%' signage because there was none outside (or in the windows outside). I would have had to go inside to see the sign; if that one sign inside is enough, so be it but I'd be mighty peeved if I was charged with a violation.

 

[Axxe55]

here's the interesting question. What's the legal requirement for properly displaying a 51% sign, and where is it suppose to be displayed?

In the past, I too have seen them displayed behind the bar as well. Have seen some displayed at the entry door as well.

 

[Sam Colt]

Incorrect. I was unaware of any '51%' signage because there was none outside (or in the windows outside). I would have had to go inside to see the sign; if that one sign inside is enough, so be it but I'd be mighty peeved if I was charged with a violation.

Are you saying you went there for a sandwich and were surprised to find they only served beer and didn't have food? If not, and you went to a bar carrying a gun, you were in violation. "But there was no sign" is something you say at the trial. :-)

 

[ZX9RCAM]

After a shooting get together, I went for a burger with 4 or so other TGT'ers.
Shortly after sitting down, Ben pointed out the 51% sign behind the bar.

 

[GeorgeS]

It is a brand new place; I didn't know what they served at the time.

It is immaterial to my question, however. If you don't know a place has inconspicuous '51%' signage, are you recklessly/intentionally breaking the law?

 

[Ozzman]

If the '51%' is not visible from the patio, would it be unlawful to carry on the patio?

Yes

 

[Sam7sf]

Texas Alcoholic Beverage Commission Rules for 51% Businesses

www.concealedcarry-ed.com

Get your tape measure. Those letters could be 3/4”.

 

[Renegade]

As I understand it, you may not carry a firearm in an establishment with a 51% sign posted.

I was enjoying a beer on the patio of a place that had no signage at the door or on the patio. A friend later informed me that their only sign is posted inside, behind the bar. You do not have to walk through the bar to get to the patio, and they have servers handling orders.

If the '51%' is not visible from the patio, would it be unlawful to carry on the patio?

It is illegal to carry in a 51% place sign or no sign.

You can check status here:

Public Inquiry System | TABC

Home page for the Texas Alcoholic Beverage Commission

apps.tabc.texas.gov

 

[GeorgeS]

I don't need to patronize that business in the future.

 

[GeorgeS]

There a lot of places that serve food and don't have '51%' (or the other anti-carry) signs. I'll stick to them.

 

[V-Tach]

Nothing prevents a business that sells alcohol from putting up a 51% sign whether they actually receive 51% of their income from alcohol or not.......

It's an easy way to prevent carry without posting 36.05, 30.06 or 30.07 signs and the complaints that go along with them............

 

[avvidclif]

Unless it has changed not being aware of a law is not a defense.

 

[ZX9RCAM]

Texas Alcoholic Beverage Commission Rules for 51% Businesses

www.concealedcarry-ed.com

Get your tape measure. Those letters could be 3/4”.

Just use a quarter....

 

[Renegade]

Nothing prevents a business that sells alcohol from putting up a 51% sign whether they actually receive 51% of their income from alcohol or not.......

TABC regulations prevent it.

 

[GeorgeS]

Unless it has changed not being aware of a law is not a defense.

It isn't ignorance of the law; it is that the sign is not visible to customers where it's posted.