Improper 51% posting?

[Keith B]

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.

[Txfire409]

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.

[Keith B]

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.

[NavyVet1959]

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.

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.

[Keith B]

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.

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.

[jmra]

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.

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.

I was just thinking the same thing. Too bad there isn't a breathalyzer app for forums - blow into the tube before you can post.

[NavyVet1959]

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.

I was just thinking the same thing. Too bad there isn't a breathalyzer app for forums - blow into the tube before you can post.

Well, *some* of us who have lived in places where this was perfectly acceptable will also remember that there wasn't a rash of accidents attributed to intoxicated driving from grocery stores. Of course, one might argue that Louisianians are either able to hold their alcohol better than others or that they are just able to drive better while intoxicated. :)

Besides, for those neo-Puritan fanatics out there, it doesn't mean that the person drinking is the person driving. Or even that the person going to the store actually *drove* there. In some of the neighborhood markets back then, people walked or took the trolley.

Anyone remember Schwegmann's?

http://www.thebeerinme.com/page.php?16.3" onclick="window.open(this.href);return false;

We always used to say that the Louisiana solution to intoxicated driving back then was curvy unlit unmarked potholed roads with pine trees bordering them. Either you were able to drink and drive, you didn't drink, or you "became one with" the trees. Traffic was pretty close to nonexistent back then, so you were more likely to end up in the trees than hit another car if you started off a bit too drunk. And let's not forget that cars had metal dashes and seat belts were not required. Ahhh... The "good o'l days" before the Nanny-State and when Darwinism was practiced (even by those who did not believe in it). :)

[jmra]

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.

I was just thinking the same thing. Too bad there isn't a breathalyzer app for forums - blow into the tube before you can post.

Well, *some* of us who have lived in places where this was perfectly acceptable will also remember that there wasn't a rash of accidents attributed to intoxicated driving from grocery stores. Of course, one might argue that Louisianians are either able to hold their alcohol better than others or that they are just able to drive better while intoxicated. :)

Besides, for those neo-Puritan fanatics out there, it doesn't mean that the person drinking is the person driving. Or even that the person going to the store actually *drove* there. In some of the neighborhood markets back then, people walked or took the trolley.

Anyone remember Schwegmann's?

http://www.thebeerinme.com/page.php?16.3" onclick="window.open(this.href);return false;

We always used to say that the Louisiana solution to intoxicated driving back then was curvy unlit unmarked potholed roads with pine trees bordering them. Either you were able to drink and drive, you didn't drink, or you "became one with" the trees. Traffic was pretty close to nonexistent back then, so you were more likely to end up in the trees than hit another car if you started off a bit too drunk. And let's not forget that cars had metal dashes and seat belts were not required. Ahhh... The "good o'l days" before the Nanny-State and when Darwinism was practiced (even by those who did not believe in it). :)

Not sure what part of Louisiana you are referring to, but I lived in NOLA for over 30 years and don't recall seeing people stumbling around drunk making groceries at Schwegmann's. Maybe the K&B or when you went by your Momma's house or walking down Bourbon St. but not really much at grocery stores. Now if you stayed down the bayou you were probably never completely sober.
I must say that this is the first time I've heard anyone talk about Louisiana having "better" drivers.

[RX8er]

All I will add to this thread before it gets locked is.... Manage your friends and foes list. I'm just glad you are quoting so I can still see what's going on.

[WildBill]

I must say that this is the first time I've heard anyone talk about Louisiana having "better" drivers.

Maybe not better, but they had more "practice".

[NavyVet1959]

Not sure what part of Louisiana you are referring to, but I lived in NOLA for over 30 years and don't recall seeing people stumbling around drunk making groceries at Schwegmann's. Maybe the K&B or when you went by your Momma's house or walking down Bourbon St. but not really much at grocery stores. Now if you stayed down the bayou you were probably never completely sober.
I must say that this is the first time I've heard anyone talk about Louisiana having "better" drivers.

I didn't say that they were stumbling around drunk -- someone else implied that when I said that it would make it more pleasant standing in line at Wal-Mart. What I remember though was sometimes seeing people drinking beer as they shopped and it wasn't a big deal. It's been a LONG time since I went into a Schwegmann's though -- probably 40+ years. I wasn't from New Orleans, but I had relatives that lived down in South Louisiana and would often stay with them for a few weeks during the summer.

With respect to being "better" drivers, I guess you could say that in response to the adversity of the Louisiana roads, we excelled. :) I remember when we used to go to a camp on the Sabine River / Toledo Bend a bit south of Logansport / Joaquin on the Texas side and being impressed with how nice the "farm" roads were over there. They were marked, had emergency lanes, very smooth, and generally better than in of the Louisiana roads (even including I-20 which was not even open all the way across Louisiana at that time).

[nightmare]

I remember hearing years ago that DWI wrecks increased after Texas passed the open container law. Theory was people stopped at some ice house for 2 or 3 beers after work before driving home, instead of drinking 1 on the way home.

It's probably urban legend but this discussion reminded me about it.

[NavyVet1959]

I remember hearing years ago that DWI wrecks increased after Texas passed the open container law. Theory was people stopped at some ice house for 2 or 3 beers after work before driving home, instead of drinking 1 on the way home.

It's probably urban legend but this discussion reminded me about it.

Actually, that sounds perfectly logical. Sipping on one beer while stuck in slow moving traffic is not a safety hazard. Stopping by the ice house and drinking until the traffic clears up could definitely be a safety hazard for two reasons:

1. You have more alcohol in your system.
2. Since traffic has cleared up, any wreck you get into is going to be at a faster speed and as such, more potential injury.