The definition of premises for 46.03 doesn’t cover outdoors. The license premises for the alcohol vendor can cover the whole property, but that is irrelevant to the weapons violation, where the definition says building or portion of a building and specifically excludes parking lots and walkways. And rides, even if in a “building” aren’t a building that is part of the 51% licensees premises unless they are selling beer on the ride. The State Fair tried this shortly after CHL, and it didn’t work even though half the vendors there are 51% and you can carry take your drink anywhere in the park.srothstein wrote: ↑Sun Sep 29, 2024 10:18 pmWe have had this discussion before and it is possible the entire fair grounds are a 51% venue. The problem is that TABC will issue one license for the address and the entire address is covered by the license. If the contracted beer vendor, for example, gets a temporary license for the weekend, his license will cover the whole property UNLESS he deliberately marks off some of the property. This allows patrons to buy an alcoholic beverage and walk around the grounds drinking it. If the vendor is making 51% of his sales from the sale of alcoholic beverages for on-site consumption, then it is properly posted as 51% for the venue.
The questionable part of this posting is that the fairgrounds are mostly outdoors. The law (Penal Code 46.03(a)(7)) refers to entering the premises. PC 46.03(c)(4) says it is only the buildings and does not include any of the walkways. Is the beer tent or booth a building? What about some of the rides? Seems to me like the posting doesn't apply until you enter the building, so don't use the restroom while you are there (the permanent ones, not the port-a-potties).
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Return to “Comal County Fair and Rodeo Weapons Policy”
- Sun Sep 29, 2024 10:34 pm
- Forum: General Texas CHL Discussion
- Topic: Comal County Fair and Rodeo Weapons Policy
- Replies: 12
- Views: 1965
Re: Comal County Fair and Rodeo Weapons Policy
- Sun Sep 29, 2024 7:21 pm
- Forum: General Texas CHL Discussion
- Topic: Comal County Fair and Rodeo Weapons Policy
- Replies: 12
- Views: 1965
Re: Comal County Fair and Rodeo Weapons Policy
I can guarantee you that the Comal County Fairgrounds do not qualify as an Amusement Park as in the definition related to prohibiting carry. And also that the entire grounds, are NOT a 51% location. The part that would likely be off limits to carry would be the arena where the rodeo was taking place, since it is likely a professional sporting event.Tacomaman wrote: ↑Sun Sep 29, 2024 3:49 pm I talked to couple of sheriff deputies once I got thru the gate at the rodeo arena. They said because there is an amusement park that would be considered off limits for concealed carry holders. Besides, there is a 51% sign per the officers.
No metal detectors. No reasons why one couldn't carry a pocket knife.
(1) "Amusement park" means a permanent indoor or outdoor facility or
park where amusement rides are available for use by the public that is located in a
county with a population of more than one million, encompasses at least 75 acres in
surface area, is enclosed with access only through controlled entries, is open for
operation more than 120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking area.
- Sat Sep 28, 2024 5:17 pm
- Forum: General Texas CHL Discussion
- Topic: Comal County Fair and Rodeo Weapons Policy
- Replies: 12
- Views: 1965
Re: Comal County Fair and Rodeo Weapons Policy
Aha, if the entire fairgrounds is used for the rodeo, then I guess it could be, but more likely it would be like if the State Fair of Texas had a professional football (not college) game in the Cotton Bowl. It wouldn't make the whole fairgrounds off limits any more that a professional sporting event would make the whole City of Dallas off limits. However, since I did see the OP asked about the rodeo specifically, I updated my post. Thanks TAM.The Annoyed Man wrote: ↑Sat Sep 28, 2024 4:59 pmWhat if it’s a professional sporting event?ScottDLS wrote: ↑Sat Sep 28, 2024 3:12 pm Unless they have metal detectors, I would just carry concealed. 30.0x statutes don't apply to county property. And the entire Fair is not a 51% alcohol venue. If they want to exclude carry in violation of state law like the State Fair of Texas, they need to hire private security to check for 'weapons' and physically prevent your entry.
- Sat Sep 28, 2024 3:12 pm
- Forum: General Texas CHL Discussion
- Topic: Comal County Fair and Rodeo Weapons Policy
- Replies: 12
- Views: 1965
Re: Comal County Fair and Rodeo Weapons Policy
Unless they have metal detectors, I would just carry concealed. 30.0x statutes don't apply to county property. And the entire Fair is not a 51% alcohol venue. If they want to exclude carry in violation of state law like the State Fair of Texas, they need to hire private security to check for 'weapons' and physically prevent your entry.
UPDATE: Since you said you were going to the rodeo, I would say you couldn't carry in the stadium where the rodeo was going on (I am assuming it is a professional sporting event). However, the rest of the Fair wouldn't be off limits in my opinion.
UPDATE: Since you said you were going to the rodeo, I would say you couldn't carry in the stadium where the rodeo was going on (I am assuming it is a professional sporting event). However, the rest of the Fair wouldn't be off limits in my opinion.