Interesting 51% Sign

[Kythas]

I found this interesting this weekend. I went out with some friends this weekend and, as where we went is basically a bar, I left my gun at home. It's a club and I'm fairly certain that 51% of their sales are on-premisis alcohol consumption. However, there's no 51% sign - only the standard "The unlicensed possession of a handgun...." sign. I noticed a sign posted by the cash register at the front door where you pay cover that states "All alcohol sales after 9:00 pm are distributed evenly between alcohol and food sales".

I guess this is a way for the club to get around the 51% rule?

[srothstein]

In that case, look at the license and see what the actual license says. Sign=Red means it is 51% and Sign=Blue means it si not.

Doesn't that make an uncomfortable situation when asking to see the license? A regular customer asking to see the license would appear to be telegraphing, "Hey!!!! I got a CHL!! I wanna see if I can pack my heater in your establishment."

How does one does this with finesse?

I would think it might be a little awkward, but the law requires the license to be posted in plain view of the public. Of course, the one time I asked to see a license when I was off duty, I did identify myself as a police officer first anyway.

You could just ask them and say you want to see the legal trade name of the bar/store to send a complimentary letter to the owner.

[srothstein]

I found this interesting this weekend. I went out with some friends this weekend and, as where we went is basically a bar, I left my gun at home. It's a club and I'm fairly certain that 51% of their sales are on-premisis alcohol consumption. However, there's no 51% sign - only the standard "The unlicensed possession of a handgun...." sign. I noticed a sign posted by the cash register at the front door where you pay cover that states "All alcohol sales after 9:00 pm are distributed evenly between alcohol and food sales".

I guess this is a way for the club to get around the 51% rule?

It would only work if they actually did have food income and alcohol income split that way. But, remember that the law includes any income, so if they charge for pool tables or a cover charge to get in, then these could also tip the balance away from the alcohol sales. And it can be 49.999% alcohol sales and not be illegal to carry there.

[pedalman]

I would think it might be a little awkward, but the law requires the license to be posted in plain view of the public. Of course, the one time I asked to see a license when I was off duty, I did identify myself as a police officer first anyway.

You could just ask them and say you want to see the legal trade name of the bar/store to send a complimentary letter to the owner.

Or, if the license is to be posted in plain view of the public, wouldn't that imply that the public should be able to view it on request, be they LEO or not?

[srothstein]

That was the intent of the law, anyway.

[gmckinl]

Question:

I've seen the license printed on both "green" and on "buff" colored paper. Is there some significance to that? At first I perceived a direct relationship between the paper color and the "sign=" wording, but then that didn't seem to track. Paper color I can see from ten feet away, but I can't read the small 10-point font they use for the wording.

[nitrogen]

I would comment that a glass of wine is probably enough to show up on a blood alcohol test, and is therefore a definite no-no while carrying.

The legal standard for carrying is that the licensee not be "intoxicated". A BAC detectable as >0.0 does not constitute "intoxicated".

That's actually not correct.

Intoxicated, in reality, is whatever an officer says it is. You can fight it in court though

§ 49.01. DEFINITIONS. In this chapter:

(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.

If an officer can explain why he feels you were intoxicated, you're pretty much in trouble.

[KBCraig]

I would comment that a glass of wine is probably enough to show up on a blood alcohol test, and is therefore a definite no-no while carrying.

The legal standard for carrying is that the licensee not be "intoxicated". A BAC detectable as >0.0 does not constitute "intoxicated".

That's actually not correct.

Intoxicated, in reality, is whatever an officer says it is. You can fight it in court though

Yes, including 0.0% BAC.

But my response was correct, to what I was responding to:

I would comment that a glass of wine is probably enough to show up on a blood alcohol test, and is therefore a definite no-no while carrying.

[nitrogen]

It is NOT a definate no no, at least according to the law.

I do agree that it is a de facto "no-no" however

[srothstein]

Question:

I've seen the license printed on both "green" and on "buff" colored paper. Is there some significance to that? At first I perceived a direct relationship between the paper color and the "sign=" wording, but then that didn't seem to track. Paper color I can see from ten feet away, but I can't read the small 10-point font they use for the wording.

If I remember correctly from an early class, the color of paper indicates the type of license with one color being beer and wine while the other is hard liquor. I don't remember which color is which off hand.