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  • BillDougy

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    Jun 21, 2021
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    My wife really wants to go to NIOSA tommorow night. My problem is the website says no carry. I called and they said it is city property but they have 30.07 30.06 and 51% signs up. The 51% is very iffy and i doubt they really have a case there since there is an admission fee and food but what I am wondering about is the city property aspect. I thought with city owned property they could not regulate even if it was leased to a private entity. I know the best I can expect is jail house law but what are y'alls thoughts on this?
    Military Camp
     

    Renegade

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    My wife really wants to go to NIOSA tommorow night. My problem is the website says no carry. I called and they said it is city property but they have 30.07 30.06 and 51% signs up. The 51% is very iffy and i doubt they really have a case there since there is an admission fee and food but what I am wondering about is the city property aspect. I thought with city owned property they could not regulate even if it was leased to a private entity. I know the best I can expect is jail house law but what are y'alls thoughts on this?

    From what you say, 06/07 are invalid and they should not put them up.

    Not sure how they come up with 51% for an event that only occurs 4 days a year. Who is the actual license holder? Can they really documents 51% at that premise or is it based on another premise? I do not pay much attention to how ABC licenses work at temporary locations.

    They know there is little you can do to fight at these one off events.

    Legislature needs to address these types of events.
     

    BillDougy

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    Yeah I don't think there is anything I can do between now and then. She tap danced about whether searches were being done. She kept mentioning bags but wouldn't be clear about magnetometers. I am very strongly considering an AG complaint and hopefully Paxton can put a kibosh on this blue city BS.
     
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    toddnjoyce

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    NIOSA is a drunk fest and tends to be very crowded, which are two things neither I nor my wife don’t do. TABC doesn’t list NIOSA (or any variants) as holding a liquor license, so simply posting a 51% sign in and of itself would be a violation. I’m guessing the license is a temporary special three day license and don’t know if those are included in the TABC lookup database. A call to TABC’s San Antonio Regional Office might be able to help verify if the 51% sign is valid. Their # is 210-731-1720.

    If the 51% sign is valid, then 30.06/.07 are irrelevant. If the 51% sign is not valid, then you’re looking for who holds the lease for the event, and that’s San Antonio Conservation Society. The other funny thing about La Villita is that it’s a National Historic District managed by the city. The National Archives indicate ownership of the properties in the La Villita District is a mixture both public and private and access to the public is restricted.

    From a legal standpoint, I don’t even know how to go about figuring out if the .06/.07 signage is valid, but I know a) it’s temporary and b) the AG ain’t gonna do fûckall about it.
     

    baboon

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    Out here by the lake!
    At an event where liquor is catered permits can be very different! If the cater is from outside of the county comes to mind. Permits filed in one county for another can be completely under the radar of the local, county & TABC knowledge.
     

    Renegade

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    From a legal standpoint, I don’t even know how to go about figuring out if the .06/.07 signage is valid, but I know a) it’s temporary and b) the AG ain’t gonna do fûckall about it.

    If the city owns the property it is not valid. At least portions seem to be on public streets.
     

    BillDougy

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    I actually got a call back from the HMFIC for La Villita and she said that while the city does own La Villita it is being leased out to the conservation society which is a private entity therefore making it legal. So I guess there is no argument for legality after all.
     

    Renegade

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    I actually got a call back from the HMFIC for La Villita and she said that while the city does own La Villita it is being leased out to the conservation society which is a private entity therefore making it legal. So I guess there is no argument for legality after all.

    yeah if the city owns the property there is not much they can do. The laws says what the law says.

    You should file with AG to prevent signs from going up and see what happens.
     

    toddnjoyce

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    …You should file with AG to prevent signs from going up and see what happens.

    If it’s like my attempt to file over the Trail of Lights posting, jack shît will come of it. You’ve gotta notify the posting entity first, then notify the AG. AG gives ten days for the illegal posting to be rectified. If, after ten days the sign is gone because the event is over, nothing can be proven in the investigation.
     
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