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Southwest indoor soccer now sell alcohol. 51% sign at entrance

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  • txinvestigator

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    May 28, 2008
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    THAT helped a lot, thank you.

    I had no idea that businesses were not required to post if they met 51%.

    it s required. The TABC laws require 51% places to post 51% signs. The Government Code requires it as well. The law that would get you arrested for carrying in a 51% place are not in the TABC laws. They are in the penal code.

    The penal code says it is unlawful to carry in a TABC licensed placed that derives 51% more of its revenue from the sale or service of alcoholic beverages for on premise consumption. It is not illegal to carry past the sign, unless the sign posted at such a place. Penal code 46.035.

    Texas Penal Code
    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

    (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
    (1) 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;

    Notice it says nothing about a sign.

    Reading further you find this
    (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

    A defense to prosecution means you can still be arrested and charged, but you have a defense you can offer in court why you should be found not guilty.

    Lets look at 411.204 of the GC
    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).

    (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.
    Lynx Defense
     

    txinvestigator

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    May 28, 2008
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    No problem.
    It may break TABC's laws for the business not to post signs, so the business broke the law, but license holders have nothing written in the penal code for their defense if the signs aren't there. Would a license holder be prosecuted if they carried into a 51% location and the proper signs weren't posted? Probably not, but that's not a guarantee.

    Yes, there is a defense if signs are not posted. See above
     
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