I'm guessing but it sounds like the store owner will have the burden for proof via a written report that someone in their building was legal to be there. The compounding, as I understand it, is when the police are called to deal with the situation, even if it turns out that the person with the gun was legal. My vivid imagination can see the scenario where the beverage license holder has to get a written copy of the police report from the incident to attach to his report to TABC.mojo84 wrote:2013 > Press Release
TABC Press Release
FOR IMMEDIATE RELEASE September 6, 2013
Reminder: "Long guns" prohibited in TABC-licensed businesses.
With the recent publicity surrounding the open carrying of rifles and shotguns, the Texas Alcoholic Beverage Commission (TABC) would like to remind the public of the following:
Although an individual may have the legal authority to openly carry certain firearms in public, a business that is licensed to sell or serve alcoholic beverages is prohibited by state law from allowing rifles or shotguns in the building.
Specifically, Section 11.61(e) of the Alcoholic Beverage Code says that TABC shall, after the opportunity for a hearing, cancel a permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. There are some exceptions included in this law, including licensed concealed handguns.
If an individual does choose to carry a rifle or shotgun into a TABC-licensed business, the individual is placing the business owner's TABC license at risk. Also remember, a business owner may ask a patron to leave the premises. If the patron refuses, that individual may be subject to criminal trespassing charges under Texas Penal Code Section 30.05.
We ask that Texans, while exercising individual rights, please respect the obligations of business owners under state law.
Contact: Carolyn Beck, Director of Communications, 512-206-3347
This may come into play more in this particular area versus places like East Texas. Social media here shows quite a few of the MDA types who have said that they will report EVERY visible handgun and demand that an officer be dispatched. Two of the chiefs of police are clear about not dispatching unless the circumstances seem to indicate it OR the reporting person insists. Local police reports have not shown a single call yet but the same social media has not reported anyone OC yet either. All the folks that I know locally have taken the same conservative approach to OC that I am - it is not going to happen until the the media focus is else where and, perhaps, the weather gets warmer. Until the sign went up, the taco shop was one of the few local businesses where I might have gone with OC.