Did you just find this out, or did you know the whole time?They don't serve food at all so they'll never be anything but a 51% establishment.
I actually got the TABC to force a restaurant to take down a 51% sign. If their license shows they should have the blue sign, they cannot post the 51% per the TABC.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............
You are correct. They went away with constitutional carry. But the liquor license for an establishment still specifies whether or not they are supposed to post a 51% sign.TABC blue signs are no more.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
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(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;
Penal Code 46.15(p): https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.15(m) It is a defense to prosecution under Section 46.03 that the actor:
(1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section;
(2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and
(3) promptly departed from the premises or other property.
(p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor:
(1) carries a handgun on the premises or other property, as applicable;
(2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and
(3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable.
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).
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(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.