Smashburger in Cedar Park Prohibits Open Carry

[Mreed911]

Stolen from a thread on Glocktalk, I present the following:



TABC 11.61(e) talks about a ABC license being revoked it the owner allows someone to carry who shouldn't, exempting peace officers, CHL holders, etc.

HB700, which died in committee in the 83rd legislative session, sought to amend this with language covering both open and concealed carry.

In either case, it's improper signage and should be reported to TABC. If they have an on-premise license, they need the blue signage posted.

 

[breakingcontact]

Interesting.

 

[RickLovesBacon]

All the Smash burgers have a sign like that.

 

[breakingcontact]

Why have i never seen a smashburger?

 

[itchin]

Smash burger is yummy. But 5 guys Is better.

 

[breakingcontact]

4 guys is good. But 5 guys Is better.

What!?

 

[RickLovesBacon]

Lol

 

[Dash Riprock]

Why have i never seen a smashburger?

They're fairly new to the Austin area. Very good burgers.

That's an interesting sign. I've eaten at that one and didn't notice it. Yes, I was carrying at the time. I don't know if what they say about the alcohol code is correct (not arguing, I just don't know one way or the other), but I do respect that they seem to emphasize the "open" part. As long as they don't post a 30.06, I think I'm fine with it.

 

[Renegade]

Stolen from a thread on Glocktalk, I present the following:

View attachment 27135

TABC 11.61(e) talks about a ABC license being revoked it the owner allows someone to carry who shouldn't, exempting peace officers, CHL holders, etc.

HB700, which died in committee in the 83rd legislative session, sought to amend this with language covering both open and concealed carry.

In either case, it's improper signage and should be reported to TABC. If they have an on-premise license, they need the blue signage posted.

I do not seen anything improper about it.

Did they have a blue or red sign?

 

[txinvestigator]

They are not 51%. The sign is accurate. It is for the open carry rifle people.

(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.

 

[ag1052]

I went to one for the first time too recently (southpark meadows in South Austin) and they had the same sign.

 

[Charlie]

Am I misreading it or does it say it's OK for CC?

"......(4) who possesses a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code."

Nevermind! I get it now.

 

[itchin]

The pb&j shake is awesome.

 

[coachrick]

Yep...saw that sign after we had a Friday Lunch Gathering there last year. Went back to take a better look and figured it was some sort of corporate statement that didn't apply to CC, so I enjoyed my burger. Fries taste great but are way too salty.

 

[ag1052]

I recommend the sweet potato fries... very addictive!

 

[jordanmills]

They are not 51%. The sign is accurate. It is for the open carry rifle people.

Not exactly. Same as knives. If you have a CHL and you're carrying a concealed gun covered by that CHL then you meet the exemption there, same as TPC 46.

 

[txinvestigator]

Not exactly. Same as knives. If you have a CHL and you're carrying a concealed gun covered by that CHL then you meet the exemption there, same as TPC 46.

What do you mean, "not exactly". The law does not allow a CHLer to carry a rifle or shotgun in the place. It only allows the carry of a concealed handgun under a CHL

 

[jordanmills]

What do you mean, "not exactly". The law does not allow a CHLer to carry a rifle or shotgun in the place. It only allows the carry of a concealed handgun under a CHL

I just demonstrated how it allows open carry.

 

[majormadmax]

Why have i never seen a smashburger?

They came and went in San Antonio. At least the one near us turned into a BurgerFi...

 

[Renegade]

Not exactly. Same as knives. If you have a CHL and you're carrying a concealed gun covered by that CHL then you meet the exemption there, same as TPC 46.

There are two issues here.

1) The sign is effectively 30.05 notice for no OC of anything.

2) How they can lose their license. CHLs carrying on premises do not trigger the loss of license clause.