This issue has been discussed in depth here. I'll see if I can find some threads for you.pj428 wrote:What is the law regarding a restaurant that also has a bar where only the bar area is displaying te 51 sign? I was told you can carry in the restaurant but cannot enter the designated bar area. I was also told that any time a 51 sign is displayed regardless of location you cannot carry anywhere on the premises.
Does anybody have a firm explanation on this?
However, the law for CHLers simply reads that you cannot carry into a premise that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premise consumption. If a place that does not meet that definition posts a 51% SIGN, the sign holds no validity, and carry is not prohibited there based on the 51% law.
If a place that IS a 51% place fails to post a sign, you still are prohibited from carry there, and the lack of a proper sign is no defense.
We have a TABC instructor here who I bet can give you a much better explanation of the "bar in a restaurant" question than I.
Texas Penal Code
Text
§46.035. Unlawful carrying of handgun by license holder.
(b) 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, 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
consumption, as determined by the Texas Alcoholic Beverage
Commission under Section 104.06, Alcoholic Beverage Code;