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by Keith B
Wed Mar 19, 2014 8:43 am
Forum: General Texas CHL Discussion
Topic: Improper 51% posting?
Replies: 27
Views: 5585

Re: Improper 51% posting?

NavyVet1959 wrote: Personally, I think that you should be able to consume alcohol while you are in a store. It would make waiting in line at Wal-mart a lot more pleasurable. I can remember grocery stores back in Louisiana where you would show up at the cashier with just the plastic ring from a 6-pack and the cashier would just ask you what type of beer did that used to be. You would grab a 6-pack when you first came in the store and drink it while you were shopping. Things sure have changed over the years. Not necessarily for the better though. :mad5
Yeah, that's just what I want to see at Walmart is some liquored-up redneck that is heading out to get in their pickup truck. :banghead:
by Keith B
Mon Mar 17, 2014 5:02 pm
Forum: General Texas CHL Discussion
Topic: Improper 51% posting?
Replies: 27
Views: 5585

Re: Improper 51% posting?

Txfire409 wrote:
Keith B wrote:
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.
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.
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.
Yes, Spec's is a off-premise consumption location. However, you stated 'it is illegal to purchase alcohol and consume it inside a liquor store' whic is incorrect. There are cases where it can be done and the business is licensed to sell for both on and off-premise consumption. If for some reason their sale of on-premise is more than off, and that is their only revenue source, then they would be a 51% location. Not saying that is normal, just as our resident TABC expert stated, it is plausable.
by Keith B
Mon Mar 17, 2014 3:51 pm
Forum: General Texas CHL Discussion
Topic: Improper 51% posting?
Replies: 27
Views: 5585

Re: Improper 51% posting?

NavyVet1959 wrote: One could even argue that the bars don't even care if a person carries in their establishment as long as the person keeps it concealed and no one knows (regardless of whether the person has a CHL or not). Criminals are not going to let a 51% sign stop them, so it only stops the people you least have to worry about.

A few years back, I found myself with a few friends going to eat lunch at a burger joint and after we were seated, ordered, and the food was brought to the table, I noticed a 51% sign over by the bar. The restaurant was somewhat dim due to the windows being tinted and it had been very bright outside, so it took awhile for my eyes to adjust to the darkness. From the look of the place, I seriously doubted that they received 51% of their income from the sale of alcohol. Given the situation, I just continued my meal and made a point to not go to that restaurant again. Too bad though -- they had good burgers.
It may not have been a valid 51% location. A 51% sign in itself does not make a location off limits, it is just what TABC deems them to be when the license is issued. In turn, if they are a 51% location and they fail to put up a 51% sign or put up the wrong sign (Unlicensed possession....) they are still off limits legally to a CHL holder. The only thing you get is a defense to prosecution, not a get out of jail free card.
by Keith B
Mon Mar 17, 2014 2:02 pm
Forum: General Texas CHL Discussion
Topic: Improper 51% posting?
Replies: 27
Views: 5585

Re: Improper 51% posting?

NavyVet1959 wrote:It's been a couple of *decades* since I've even been in a bar, but I have to wonder if a bar could get around the 51% rule by separating their drink charges into alcoholic and non-alcoholic portions. Say, for a $5 rum & Coke charge $3 for the Coke and $2 for the rum. For a $3 beer, charge $1 for the beer, $1 for the glass, and $1 for the potential urinal use. :)

Or maybe have a special -- beer + a few peanuts = $5, beer w/o peanuts = $6.
If they broke out their receipts that way they could. However, the bar more that likely doesn't care one way or another about the type of sign they have to post, just that they got their license and can keep it valid so they can make money selling alcohol.
by Keith B
Mon Mar 17, 2014 10:29 am
Forum: General Texas CHL Discussion
Topic: Improper 51% posting?
Replies: 27
Views: 5585

Re: Improper 51% posting?

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.
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.

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