TexasCHLforum.com

03Lightningrocks wrote:This question has been asked in here before but I can't remember the answer. How does that law apply to a bowling alley that has a bar area with a 51% sign? Does this make the entire bowling alley 51%. For instance, I believe I can buy and consume a drink while bowling. Thinking about it, there is no way the entire place is 51%, even if the bar part of the place is.

It is one of those quirks in the law which can happen and doesn't make sense. If the bar is a contracted out bar, it may be able to get a license that is properly 51%. As such, the license may not mark off the bar as the only part that is licensed (this makes ti legal to take the drinks from the bar into the bowling area). In that case, the 51% would apply to the whole bowling alley.

But if the bar is set up as just part of the bowling alley, the license application may have been filled out improperly. This would make the 51% valid for the first year, but when someone notifies TABC, the license should be corrected the next time it is renewed.

03Lightningrocks wrote:

cnovel wrote:i did not read the whole thread,,did a quick search of old threads,,but i am no good at this computer stuff,,,my question is what about a place that has and old unlicensed sign,,or is 51 % but not posted ?

I would carry right on in. Non-Compliant signs don't apply to a CHL holder. The 51% thing is not likely. If it does not have the sign... ... I assume it is not 51%. I can't be held legally in violation if there is no sign. How on earth would I ever know what volume of business is booze with no sign?

Allow me to correct this. The law says it is illegal to carry on a 51% location, as determined by TABC. It does not say that you have to know it is so determined. Fortunately, last session a defense to prosecution was passed if the location is not properly posted. That means you still stand a good chance of getting arrested but you should win in court. It does shift part of the burden of proof to you, in that you must prove your defense. How are you going to prove the sign was not there? I feel confident that it will be there by the time you get bond posted and can get back to take a picture. Your arrest would remind them that they need the sign.