Signage question- Tx Craft Brewers Festival

[tx_transplant]

So I was at the Texas Craft Brewers Festival yesterday at Fiesta Gardens in Austin. The entrance to the festival was not posted in any manner. However, each brewery had a canopy set up, and each one had a 51% sign taped up.
You bought tickets from the event organizer to exchange for beer samples at the tent of your choice. I am curious as to whether the 51% signs were correct in this situation, and if so, would they apply to the venue itself, or the individual licensee. And would it be legal to roam the park as long as you stayed away from the vendor tents? Just sort of curious what everyone thinks.

 

[Robb in Austin]

I was there too and noticed those.

I was curious if the event would be posted, even went so far as to check the TABC sight but there was nothing there.
I didn't carry, despite not knowing the legal status of doing so, figuring with the amount of alcohol I knew I would be consuming PLUS the fact that alcohol was going to be served and consumed on site would be enough anecdotal evidence to presume it would be illegal to carry there.

 

[Dawico]

On the surface it just appears that you can't carry in the vendor's tents. Similar to walking down 6th Street but you can't carry in any of the bars. That is how I read it anyways.

 

[jordanmills]

It's POSSIBLE that it would be considered a shopping mall. But unlikely. That would make the entire shared area the "premises" of a 51% establishment. ALCOHOLIC BEVERAGE CODE**CHAPTER 25. WINE AND BEER RETAILER'S PERMIT

Sec. 25.12. PREMISES IN A FOOD COURT. (a) Notwithstanding any provision of this code to the contrary, the premises of a wine and beer retailer's permittee who leases space in a food court includes the seating area that the permittee shares with the other lessees that occupy the food court.

(b) For the purposes of this section, "food court" means an area in a shopping mall that includes a seating area and the locations of three or more separate but adjacent business establishments engaged primarily in the sale of food and beverages for consumption in the seating area.

Honestly I think you'd have to have really pissed off cop and a DA on crack for that to get anywhere, though. Outside of that, I suspect it would only apply to the area directly controlled by the permittee, e.g. the area behind the counter in the tent.

 

[tx_transplant]

Thanks. I was a bit curious, as I've been to a few of the breweries and naturally not seen them 51% posted. My initial thought was that they got a package of stuff from TABC and just posted everything.
Like Robb, I didn't want to risk, mailnly with the consumption aspect, so left it at home. As an aside, it was a great opportunity to try some great brews that I've not seen before. Good thing it wasn't free unlimited sampling

 

[txinvestigator]

I believe each "premise" being posted is proper. However, the 51% law only applies to buildings or portions of buildings.

 

[jordanmills]

I believe each "premise" being posted is proper. However, the 51% law only applies to buildings or portions of buildings.

How does that work with outdoor seating areas? I haven't ever stumbled across the exact law, or I don't remember it. I do know that every place I can think of that serves alcohol and has outdoor seating has a well defined perimeter with a fence without a non-emergency gate.

 

[txinvestigator]

How does that work with outdoor seating areas? I haven't ever stumbled across the exact law, or I don't remember it. I do know that every place I can think of that serves alcohol and has outdoor seating has a well defined perimeter with a fence without a non-emergency gate.

Licensed premises have diagrams that show the licensed areas. If you cannot take your drink outside of the area, then that is part of the TABC licensee.

For example, in most hotels you can take your drink all over the hotel. However, if there is a nightclub in the hotel and you cannot take a drink outside of the club, then it is licensed separately.

If the restaurant has outdoor seating and you can take your drink outside, then it is part of the TABC licensee.

For CHL purposes, if you have to walk through the buildind to get to the outdoor seating, then of course you would not be able to carry. But in a place like described in this thread, I would think an outdoor seating area not attached to a building would be OK for carry.

Make sense?

 

[Robb in Austin]

So, in this case, the park it was being held in was temporarily fenced in. Inside the fence was a pavilion which is part of the park. There was no sign of any sort, that I saw, to indicate 51%, blue sign, etc, except what was on some tents.

The individual breweries each had a tent, all lined up side to side in groups of 10 or so. By tent I mean one of those 4 pole with a tarp on top for shade like you get at Academy. Each tent was a table you walked up to and got your beer from and was manned by volunteers.
You couldn't really get inside the tent. Some of the tents themselves were posted, most weren't.

Thoughts on the signage based on that?