TexasCHLforum.com

There has been an on-going discussion for years over which definition of premises will apply to what is a licensed premise. There is a history of the ABC definition applying and people being arrested for unlawfully carrying in a licensed premise for having a pistol in the parking lot of a bar. But, as far as I know, that all predates the law concerning CHL/LTC. I feel comfortable that if I caught a person who was not licensed and they had a pistol in the parking lot of a gas station that sold beer, that I could make the felony case stick by applying the TABC definition of the licensed premise. I do not feel anywhere nearly as comfortable that the same definition would apply to a person with an LTC.

In all honesty, I feel fairly sure that in a case like the OP stated, the law would apply the PC definition of premises. I just have to warn everyone that this is not 100% sure. There is an old saying that bad facts make for bad case law. I can see a case where person acts stupidly enough that the court wants to make sure they get convicted - regardless of my interpretation of the law - and we end up with an appellate decision that is against what we want it to be. I am most concerned about the temporary permits issued for festivals like the Watermelon Thump (well, I do live in Luling) where they get 51% permits issued yet all of the alcohol is sold and consumed outdoors. They get enough drunks in there and something could happen. My mind is eased somewhat based on the record of LTCs not getting drunk though.