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Carry at the bar of a non-51% restaurant, not drinking

Posted: Sun Apr 23, 2006 3:07 am
by exi
I believe I know the answer, and I'm sure it's covered here previously, but the thread seems to be doing a stunning job of eluding me this morning, so:

Are there any problems with carrying while seated at the bar of a non-51%-posted restaurant (such as Friday's, for instance - at least here)? Obviously, for other statutes / amongst other reasons, no alcohol would be consumed just to be on the safe side. I know I've seen this discussed either here or at GT, but I just wanted to check again.

Posted: Sun Apr 23, 2006 7:15 am
by ElGato
If the place you are talking about is not posted with 51%, it should have the unlicensed possession sign and it would be perfectly allright for you to be there, sit on the barstool and even have a drink, but DO NOT become intoxicated, and remember there is no legal limit for intoxication when carrying.
No legal limit more or less means that an officer can charge us without a test if he think's we are intoxicated.

Posted: Sun Apr 23, 2006 10:53 am
by KBCraig
El Gato is correct. In almost all cases, a single liquor license covers the entire premises, so it doesn't matter where you're sitting within the restaurant. If carry is legal, it's legal in the dining area, at the bar, on the bar, or anywhere else that you can be served alcohol and/or carry a drink.

If it's 51%, then it also doesn't matter where you are; carry is illegal on their "described premises", which could include a patio or outdoor dining area or beer garden.

It all hinges on the type of license, not locations within the licensed premises.

Kevin