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Effective Change to 51% Locations

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  • toddnjoyce

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    My wife wanted to try out a new place on a whim recently (Rock & Rye Bar) and I was carrying, so I did a quick search on the TABC lookup site and found this:
    1652036452836.png


    So in we went and other than a handful of sandwiches on the menu, this place is a drinking bar. Intrigued, I decided to do some research and found TGC 411.204, which governs the 51% sign, has an easter egg. Over the last few years, a lot (~1200) of what used to be pure bars got themselves a food & beverage certificate. TABC, ever mindful of keeping the public inquiry system up to date, captured the effect this had on the 51% sign.

    Sec. 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    (d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(6), eff. September 1, 2021.​
    (e) This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code.

    While I'm not advocating for carrying while intoxicated, I would encourage you to actively review the TABC Public Inquiry System anytime you see a 51% sign (or think a place may be a 51% place) to verify it's status.
     

    Mowingmaniac 24/7

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    So, if I understand your post: You can carry in a place the serves alcohol as long as they have a 'Food and Bev. Certificate.

    Right?

    Of course, given I no longer eat or drink outside my home this bit of information is something moot for me, but I'm interested in knowing and passing this information on down to my adult Granddaughter's who aren't troglodyte's like me as they still mix with the world...
     

    toddnjoyce

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    So, only some businesses are required to post the signs at the entrance?
    Effectively, yes. Remember, a lot of bars and nightclubs got themselves a F&B certificate when Hot Wheels shut 'em down for the 'rona. The F&B certificate allowed them to re-open. As soon as those bars/nightclubs got a F&B certificate, the whole section about providing notice as a 51% place no longer applied to that business.
     

    ZX9RCAM

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    Effectively, yes. Remember, a lot of bars and nightclubs got themselves a F&B certificate when Hot Wheels shut 'em down for the 'rona. The F&B certificate allowed them to re-open. As soon as those bars/nightclubs got a F&B certificate, the whole section about providing notice as a 51% place no longer applied to that business.

    Pardon my ignorance, does this mean they can still be a 51% business, but don't post at all, or just not at the door?
     

    toddnjoyce

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    Pardon my ignorance, does this mean they can still be a 51% business, but don't post at all, or just not at the door?
    Good question. TABC is required by law (ABC 104.06) to determine if a business is a 51% business. TGC 411.204 says for TABC to determine if a place is a 51% business, that place must have one of the consumption on premises licenses AND not have a F&B license.
     

    ZX9RCAM

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    Good question. TABC is required by law (ABC 104.06) to determine if a business is a 51% business. TGC 411.204 says for TABC to determine if a place is a 51% business, that place must have one of the consumption on premises licenses AND not have a F&B license.

    Sorry, you need to club me over the head like a seal.

    I don't understand where you answered my question about signage.
     

    toddnjoyce

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    Sorry, you need to club me over the head like a seal.

    I don't understand where you answered my question about signage.

    Apologies, I did not understand you were asking about signage.

    As many car dealers, city governments, dirty hippies, communists, and other miscreants have found, anybody can pretty much post any sign anywhere they want. That’s don’t make it a valid/lawful notice though.

    For a 51% sign to be in force, that sign *must* be backed up by TABC’s determination that the business is required to have a red sign. This determination is available for the public to view on the TABC public inquiry system. Unless the TABC system shows RED for gun sign for that business, then the sign is not in force.

    As to location of where the sign is posted, everything I can find on the subject indicates it only has to be posted. There used to be a defense to prosecution for LTC if the red sign isn’t conspicuously posted. Note that defense only applies to license holders. I don’t know if that defense is still around (probably is). I’ll have to check that out one day.
     

    Mowingmaniac 24/7

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    TJ,

    Thanks.

    I'm a bit,..ok... slow...at times.

    My wife, bitches at me for that...just got an ass chewing for not turning the grilled chicken...cuz, I didn't hear the damn alarm to turn it..she was out doing an errand just for me...and I fk-ed up...sigh...even when you're really gdammed old your still get assed kicked...it never ends...
     

    Big Dipper

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    The short version is that a lot of bars and nightclubs that used to be 51% places no longer are. Easy way to tell is if there’s food on the drink menu. The most accurate way to tell is to use TABC’s lookup system.

    I know of one pool hall-tavern-sports bar (maybe two, same owner) that went the F&B route that specifically (per the owner) allowed guns that is now back to having a required red sign!
     

    pronstar

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    Effectively, yes. Remember, a lot of bars and nightclubs got themselves a F&B certificate when Hot Wheels shut 'em down for the 'rona. The F&B certificate allowed them to re-open. As soon as those bars/nightclubs got a F&B certificate, the whole section about providing notice as a 51% place no longer applied to that business.

    Hot Wheels LMAO


    Sent from my iPhone using Tapatalk Pro
     

    Texasjack

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    I think your description of the night out applies to a lot of people who are carrying. You're out with friends or family and they want to stop some place. You've gotta make sure of the 51% status regardless of whether you might drink or not.
     
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