You have a defense to prosecution if a 51% sign is supposed to be present but is not.oohrah wrote:I believe you are in error with #9. My understanding is that a 51% place is prohibited to LTC regardless of whether the proper (or any) sign is posted.
And conversely, an incorrect 51% posted sign (such as at a BLUE license establishment) does not prohibit LTC.
46.035 (b) & (b) (1) wrote: A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises
46.035 (k) wrote:It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.