It is very correct regarding Specs. A business may have to have a license for on premise consumption, but that has nothing to do with the 51%. I very seriously doubt that the wine shop you mention would derive at least 51% of it's sales from tastings.Keith B wrote:Incorrect. A retail store MAY have a license for both. Many wine shops will have both on premise consumption and off-premise sales. They charge for wine tasting events, so they must have the on-premise consumption license, but must have the license as well to be able to sell for take home.Txfire409 wrote: The 51% refers to and has to be for "the sale of alcohol for on-premise consumption". That in no way covers tastings as 1) they are freely given away and not sold, 2) it is illegal to purchase alcohol and consume it inside a liquor store. Therefore Specs has absolutely zero sales of alcohol that is consumed on premise.
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Return to “Improper 51% posting?”
- Mon Mar 17, 2014 4:43 pm
- Forum: General Texas CHL Discussion
- Topic: Improper 51% posting?
- Replies: 27
- Views: 5676
Re: Improper 51% posting?
- Mon Mar 17, 2014 10:19 am
- Forum: General Texas CHL Discussion
- Topic: Improper 51% posting?
- Replies: 27
- Views: 5676
Re: Improper 51% posting?
The 51% refers to and has to be for "the sale of alcohol for on-premise consumption". That in no way covers tastings as 1) they are freely given away and not sold, 2) it is illegal to purchase alcohol and consume it inside a liquor store. Therefore Specs has absolutely zero sales of alcohol that is consumed on premies.srothstein wrote:The former TABC officer was wrong, sort of. The Alcoholic Beverage Code, and the rules promulgated under it, specify exactly what sign must be posted in licensed premises. He was correct in that any location that does not sell alcohol may post the red 51 sign if they so desire. It would have no legal meaning if they do post it but there is no law or rule against it. Remember that the law makes the location prohibited based on the TABC determination, not on the actual sales or the the signs.
On Spec's we have a small potential problem. The law does say the 51% must be for on premises consumption, but their application has no way for TABC to determine how much is for on premise and how much for off premise consumption if they allow both. I think of Spec's as a package store, which normally means no on premise consumption but they may have a license that allows it for tastings and what not. This is why I recommend always checking the public database on the TABC site if you think it is posted wrong.
- Sat Mar 15, 2014 3:52 pm
- Forum: General Texas CHL Discussion
- Topic: Improper 51% posting?
- Replies: 27
- Views: 5676
Re: Improper 51% posting?
Thanks for the answers guys. The business in question is a mexican restaurant in Port Arthur. Of course they serve alcohol but their main business is obviously in the form of food sales. Several months ago I visited Spec's Liquors in Beaumont and they had a 51% sign on their door as well. I called them when I got home and informed the manager of the improper posting. She argued with me about it and did not understand the "on premise consumption" part. She thought that it was valid simply because they sold alcohol and said TABC allowed them to post it. I also spoke with a recently former TABC officer and he said any business can post it even if it isnt valid.
- Tue Mar 11, 2014 12:32 pm
- Forum: General Texas CHL Discussion
- Topic: Improper 51% posting?
- Replies: 27
- Views: 5676
Improper 51% posting?
We all know that improper posting of 30.06 can be ignored but is the same true for 51% signs? If a business has a 51% sign posted and you know for a fact that less than 51% of their business comes from the sale of alcohol for on premise consumption, can you just ignore it?