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by jimlongley
Thu Jul 16, 2015 9:19 am
Forum: General Texas CHL Discussion
Topic: 3006 sign postings
Replies: 28
Views: 5483

Re: 3006 sign postings

There is also a lack of case law on the issue, which IMO means that we are not getting caught in those places that have chosen to post only in one location.
RiverCity.45 wrote:I encounter this often. People conflate the "every entrance" requirement of the 51% sign with the "is displayed in a conspicuous manner" of 30.06.

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GC §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).
versus

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PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
...(c) In this section:
(1) “Entry” has the meaning assigned by Section 30.05(b).
...(B) a sign posted on the property that: ... 
(iii) is displayed in a conspicuous manner clearly visible to the public.
And for clarification:

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PC §30.05. CRIMINAL TRESPASS.
...(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
Now, whether or not one receives effective notice if one enters a building where only some entrances are posted is a different matter. But there is no statutory requirement to post all entrances under 30.06. :headscratch
I would argue that in order for a building to be posted

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(iii) is displayed in a conspicuous manner clearly visible to the public 
it MUST be posted at any and all entrances that the public may use.

And I think that white on glass is neither contrasting nor conspicuous.

But that is my personal opinion and has nothing to do with reality.

It would be nice to have an Attorney General interpretation or specific case law, but as has been pointed out in the past by Charles and others, there is always the chance that that could go against us.

Maybe a goal for 2017 would be to make the 30.06 language the same as the 51%?
by jimlongley
Sun Jan 12, 2014 10:39 pm
Forum: General Texas CHL Discussion
Topic: 3006 sign postings
Replies: 28
Views: 5483

Re: 3006 sign postings

My personal opinion, and I see nothing in the law that says otherwise, is that the sign must be posted at EVERY public entrance, and that would include the entrance to a mall from a store that is not posted.

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