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by CWOOD
Wed Mar 28, 2007 1:13 pm
Forum: General Texas CHL Discussion
Topic: 51% question ??
Replies: 7
Views: 1794

The 51% sign is advisory only

The 51% sign does not have the force of law as does the 30.06 sign when properly posted.

By that I mean, the violation of a CHL carrying ocurrs when the CHL carries into an establishment deriving 51% of its revenue from the sale of alcohol for on premisis consumption...regardless of the presence or absence of a 51% sign.

On the other hand, if a CHL carries in a place which does NOT derive 51% of its revenue, there is no violation regardless of how many 51% signs there may be.

It is the nature of the business one enters while carrying with a CHL which establishes the violation. Not the 51% sign or lack thereof.

In comparison, a properly posted 30.06 sign, by its presence, DOES trigger a violation when a CHL carries into the establishment...regardless of the nature of the business.

I concur with the comments above about contacting TABC if you see a restaurant, or other business like a liquor store, improperly posting a 51% sign. These business, when they get a TABC retail permit get a whole big envelope of documents and signs from TABC, and some with a bit of ignorance or an abundance of caution, often seem to post every sign they get. TABC is very responsive to this issue.

I hope this helps to clarify the matter.

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