51% and the TABC

[stdreb27]

We've really gotta get this 51% thing rewritten or repealed. The friggen aquarium in corpus started serving drinks and put up 51% signage.

What they're doing is a second entity sets up the liquor license and since they ONLY sell liquor the whole place is now a "bar" according to the TABC.

This is BS. And a backdoor way to ban guns and most people give them a pass.

 

[Mreed911]

We've really gotta get this 51% thing rewritten or repealed. The friggen aquarium in corpus started serving drinks and put up 51% signage.

What they're doing is a second entity sets up the liquor license and since they ONLY sell liquor the whole place is now a "bar" according to the TABC.

This is BS. And a backdoor way to ban guns and most people give them a pass.

Do they allow you to carry the liquor around the aquarium? If not, only the "contained area" would be the TABC premises, wouldn't it? I thought there was a similar rule for restaurants in malls, etc., e.g. only the restaurant is the bar since alcohol can't leave it.

 

[txinvestigator]

We've really gotta get this 51% thing rewritten or repealed. The friggen aquarium in corpus started serving drinks and put up 51% signage.

What they're doing is a second entity sets up the liquor license and since they ONLY sell liquor the whole place is now a "bar" according to the TABC.

This is BS. And a backdoor way to ban guns and most people give them a pass.

I highly doubt that they went to the expense and trouble to obtain a TABC license in order to prevent people from carrying.

I checked the TABC website, and that address is issued a 51% license. Same question, is there just a "bar" in the aquarium, or can one walk around the entire location with alcohol?

 

[cpileri]

If the question came up, how can one prove, or make the Aquarium prove, that they derive 51% or more of their income from the sale of alcholic beverages intended for on-premises consumption?

Most people buy aquarium tickets to look at fish.

C-

 

[Bud-9]

I have seen a lot of places lately with the 51% sign that do not make the majority of their income off of the sell of liquor. But still post a sign. Like the above says "what gives?"

 

[stdreb27]

I highly doubt that they went to the expense and trouble to obtain a TABC license in order to prevent people from carrying.

I checked the TABC website, and that address is issued a 51% license. Same question, is there just a "bar" in the aquarium, or can one walk around the entire location with alcohol?

The "no alcohol beyond this point" sign is on a railing outside the front door.

The bar this weekend was downstairs next to their main concession stand. (It was a catering type setup, temporary and torn down at closing). It's clearly an expansion of their catering/event business.

I would think due to those placements one could wander the whole place:

But bigger picture than just this aquarium, I'm not criticizing them, just using them as a blatant example.

If you've studied any business, places have multiple entities operating under one roof. It's to mitigate liability. Every major business does this. Even small ones with competent legal counsel.

So these places set up a separate entity to acquire a liquor license. It's a different entity than their core revenue stream, that money doesn't get taken into account when evaluating the 51% revenue from alcohol. So TABC calls it a bar.

Which brings me back to my main point. This needs to be re-evaluated, it's being applied in ways that are classifying an aquarium as a Bar. Simply because their business structure compartmentalizes their liquor license into its own entity.

 

[baboon]

If the question came up, how can one prove, or make the Aquarium prove, that they derive 51% or more of their income from the sale of alcholic beverages intended for on-premises consumption?

Most people buy aquarium tickets to look at fish.

C-

It's pretty simple to prove TABC does compliance checks of places selling/serving alcohol. Invoices of alcohol, sales of alcohol are used for taxing purposes. As usual one just needs to follow the money.

 

[Big Dipper]

The "no alcohol beyond this point" sign is on a railing outside the front door.

The bar this weekend was downstairs next to their main concession stand. (It was a catering type setup, temporary and torn down at closing). It's clearly an expansion of their catering/event business.

I would think due to those placements one could wander the whole place:

But bigger picture than just this aquarium, I'm not criticizing them, just using them as a blatant example.

If you've studied any business, places have multiple entities operating under one roof. It's to mitigate liability. Every major business does this. Even small ones with competent legal counsel.

So these places set up a separate entity to acquire a liquor license. It's a different entity than their core revenue stream, that money doesn't get taken into account when evaluating the 51% revenue from alcohol. So TABC calls it a bar.

Which brings me back to my main point. This needs to be re-evaluated, it's being applied in ways that are classifying an aquarium as a Bar. Simply because their business structure compartmentalizes their liquor license into its own entity.

Yep!

TABC is only looking at the income stream of THE business that has the license. It is not looking at the total income for the "location" and the portion of the income for all of the businesses at that location that is attributable to alcohol.

I ran into the same question at the Moody Theater (home of ACL) last December.

 

[RCK1999]

The "no alcohol beyond this point" sign is on a railing outside the front door.

The bar this weekend was downstairs next to their main concession stand. (It was a catering type setup, temporary and torn down at closing). It's clearly an expansion of their catering/event business.

I would think due to those placements one could wander the whole place:

But bigger picture than just this aquarium, I'm not criticizing them, just using them as a blatant example.

If you've studied any business, places have multiple entities operating under one roof. It's to mitigate liability. Every major business does this. Even small ones with competent legal counsel.

So these places set up a separate entity to acquire a liquor license. It's a different entity than their core revenue stream, that money doesn't get taken into account when evaluating the 51% revenue from alcohol. So TABC calls it a bar.

Which brings me back to my main point. This needs to be re-evaluated, it's being applied in ways that are classifying an aquarium as a Bar. Simply because their business structure compartmentalizes their liquor license into its own entity.

Yup!
Many local fairs (Helotes comes to mind) do the same thing.

Sucks-and should be changed next legislative session (yea-right, good luck)!


Sent from my iPhone using Tapatalk

 

[Mreed911]

It's an interesting approach. Definitely needs clarification by TABC as it would be interesting to see how their BSA is structured, e.g. is it a completely standalone entity (as appears below)?

License #:	MB905490
​ ​
Trade Name:	TSAA BEVERAGE SERVICES ASSOCIATION
Owner:	TSAA BEVERAGE SERVICES ASSOCIATION
Location Address:	2710 N SHORELINE BOULEVARD CORPUS CHRISTI , TX 78402	Mailing Address:	2710 N SHORELINE BLVD CORPUS CHRISTI , TX 78402
Related To:		Gun Sign:	RED

 

[Big Dipper]

I don't believe "completely stand alone" has any bearing on TABC determination. Merely does licensee earn more than 51% of its income from alcohol.

It doesn't matter if there is a parent company nor if there are other (non-licensee) businesses occupying the same physical space, either sequentially or simultaneously.


eta,
I am sure that they look at ownership carefully enough to verify that the structure is not a sham to allow some "unsavory" character to get a license indirectly when he would be otherwise barred.

 

[Southpaw]

Has the Aquarium just recently added alcohol to their concessions?

Here is a report from 2012 showing their financials:

http://webcache.googleusercontent.com/search?q=cache:isdQaAQqZk0J:https://texasstateaquarium.org/wp-c.../TSA_Audit_2012.pdf+&cd=1&hl=en&ct=clnk&gl=us

EDIT-

Yep!

TABC is only looking at the income stream of THE business that has the license. It is not looking at the total income for the "location" and the portion of the income for all of the businesses at that location that is attributable to alcohol.

I ran into the same question at the Moody Theater (home of ACL) last December.

So what the aquarium shows on their records above probably doesn't matter.

 

[stdreb27]

It's an interesting approach. Definitely needs clarification by TABC as it would be interesting to see how their BSA is structured, e.g. is it a completely standalone entity (as appears below)?

License #:	MB905490
​ ​
Trade Name:	TSAA BEVERAGE SERVICES ASSOCIATION
Owner:	TSAA BEVERAGE SERVICES ASSOCIATION
Location Address:	2710 N SHORELINE BOULEVARD CORPUS CHRISTI , TX 78402	Mailing Address:	2710 N SHORELINE BLVD CORPUS CHRISTI , TX 78402
Related To:		Gun Sign:	RED

To clarify, I don't think most places do this as a way to ban guns. It's just what is actually is happening.


There are a lot of reasons to separate your main revenue stream from your alcohol license.

For instance if you over-serve someone. They hop in the car, accident with fatalities. The establishment can be sued.

If you are 2 separate entities. Then only liquor license holding entity is liable. (VAST oversimplification with many exceptions, caveats, and hell lawyers do their lawyer thing, but it's the general idea)

 

[cpileri]

So, looks like as with most places like airports and restaurants w a bar, you cant CHL in the "drinking area" but the rest of the place is OK.
C-

 

[Mreed911]

So, looks like as with most places like airports and restaurants w a bar, you cant CHL in the "drinking area" but the rest of the place is OK.
C-

Here, it looks like the whole place is a "drinking area," according to the OP.

 

[Big Dipper]

It would be interesting to know if entire facility is a drinking area at all times or just during fund raisers and special functions!

I doubt TABC allows for a distinction when it comes to signage.

 

[stdreb27]

It would be interesting to know if entire facility is a drinking area at all times or just during fund raisers and special functions!

I doubt TABC allows for a distinction when it comes to signage.

To use this example. This weekend is the first time I've seen them offer alcohol during normal business hours.

 

[ZX9RCAM]

To use this example. This weekend is the first time I've seen them offer alcohol during normal business hours.

They've offered alcohol "outside" of business hours before?

 

[oohrah]

This also happens at the Bass concert hall in FtW. The alcohol sales are by a 3rd party vendor, not even a part of the hall, and it is 51% everywhere. There is no conspiracy, this the TABC rules and the only way to get it changed is in the lege.

 

[stdreb27]

They've offered alcohol "outside" of business hours before?

Sure they rent out the facility for events. Weddings etc.