Target Sports

Business has a 51% sign but no TABC license

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  • Eli

    Well-Known
    Rating - 100%
    3   0   0
    Dec 28, 2008
    2,058
    96
    Ghettohood - SW Houston
    I go to a restaurant in Plano regularly to get take out, last night was the first time I'd ever eaten inside. There is no sign on the door or window, but inside, near the ceiling is a generic No Firearms sign. I won't get into the positioning, but it's not easy to spot initially. Actually, almost impossible when you first walk in. That's not what bothered me. Under that sign is a red 51% sign. That stunned me. This place doesn't have alcohol on their menu that I know of, but I looked them up on the TABC site to make sure. They have no liquor license. I looked up a local bar just to make sure the TABC site was working, and it was, because the bar license showed up.

    Texas law requires a 51% sign if you are a 51% business, right? And it's a felony to carry inside these places. So, how does this place get away with putting up a 51% sign? This is infuriating to me.
    They can post a sign proclaiming Barry 0bama is Jesus reborn, it would be equally as legal and valid.

    Eli
     

    toddnjoyce

    TGT Addict
    Rating - 100%
    4   0   0
    Sep 27, 2017
    19,326
    96
    Boerne
    OP: what makes you think you can be convicted of a felony by carrying in a location that TABC has not designated as a red sign location?

    The elements for conviction are in TPC 46.03
    (7) 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;

    ETA:
    OK, thanks for this. My question isn't - should I carry. My question is - how can they legally do this, almost 30 years later? I didn't remember this from when the law changed.

    What bothers me is that they are being deceptive, because a 51% sign is a felony. Does the state still allow businesses to do this?

    Part 1. There’s no effective penalty for the business to post a 51% sign if they don’t qualify. Call and complain to TABC; sign may go down for a day and then get’s replaced with a non-legal 46.03 sign.

    Part 2. The business isn’t being deceptive; the sign is not legal, so it’s not enforceable. I highly recommend you learn the relevant statutes and you’ll find that short of metal detectors at the entrance, there’s very, very few places you cannot legally carry on an LTC.
     
    Last edited:

    alternative

    Active Member
    Rating - 0%
    0   0   0
    Jul 31, 2023
    271
    46
    Texas
    TABC used to have an app where you could instantly look up any site but they killed it. The app would use your phones gps and tell you where business with a legal sign were in relation to your location. Now, I think it is relatively hard to look up a business at their website. I asked them why they killed the app and never got a response. Government in action.
     
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