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...AND at each entrance!

tex

rssecurity wrote:I came across what appears at first glance to be a 51% sign, and therefore off-limits to us LTC folk. But on closer inspection, I'm not so sure.

51sign.jpg

I couldn't find any other signs and except for the door, all the windows are covered up. Looking at the TABC site, http://www.tabc.texas.gov/publications/index.asp#signs it appears to be an invalid sign. A quick search found some more signs with this language and without the 51%, but they had the TABC info at the bottom, something these clearly lack.

Assuming I actually did want to go in, which I don't, is this a valid sign? I'm leaning towards NO, but wouldn't mind a second opinion. Perhaps this is an old version???

There are only 3 non-federal signs designated to apply to and have prohibitive effect on LTCs in Texas...

51% red sign
30.06
30.07

This is not one of those.

All of the following might use such a sign in an informational way...

1. On the physical premises of a school or educational institution
2. On any ground or in any building where an activity sponsored by a school or educational institution is being conducted
3. On any passenger transportation vehicle of a school or education institutuion
4. On the premises of a polling place on the day of an election
5. On the premises of a racetrack
6. On the premises of any government court or offices utilized by the court
7. On the secured area of an airport
8. Going withing 1000 feet of a place of execution on the day of execution...
9. On the premises of a 51% business...but this would require the specific red sign
10. On the premises of a correctional facility.

What these all have in common is that they are prohibited areas by statute with 3rd degree felony penalties and do not require any signage to be of prohibitive effect on LTCs (there may be other statutes such as 411.204 that require displays of signage) other than the 51%.

An example; under 411.204 b it states..."A hospital licensed under Chapter 241, Health and Safety Code, or a nursing
home licensed under Chapter 242, Health and Safety Code, shall prominently
display at each entrance to the hospital or nursing home, as appropriate, a sign
that complies with the requirements of Subsection (c) other than the requirement
that the sign include on its face the number “51”.

that would be this sign or one similar to it. An interesting note. 411.204, in this regard, is imperative in nature; a requirement of those particular hospitals and nursing homes to display, with this exception...(e)"This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code."

However the imperative is on the hospital or nursing home to display and 204 says nothing about committing an offense on the part of the LTC. In fact, 46.035i specifically requires notification by 30.06 or 30.07 to LTCs at 241 hospitals or 242 nursing homes. So, again, while the hospital or nursing home may be required under 204 to post this type of sign, it has no prohibitive effect on LTCs in view of 46.035 requirement to display 30.06 or 30.07. Also, 411 is the administrative code and 46.035 is a penal code. This apparent conflict with statutes might be the result of the 411.204 statute being adopted in 1999 and the 46.035 notification requirement under 30.06 and 30.07 being adopted in 2015.

So any such sign would only be informational and not have legal muscle in and of itself on LTCs.

tex