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by Mike S
Mon Dec 30, 2019 4:54 pm
Forum: General Texas CHL Discussion
Topic: Definition of "Premises" Regarding 51% Restaurants
Replies: 14
Views: 13336

Re: Definition of "Premises" Regarding 51% Restaurants

Texas Penal Code 46.035 states it is unlawful for an LTC holder to carry on the "premises" of a 51% establishment. It is a defense to prosecution if it's a 51% establishment but they failed to post a 51% sign.

TPC 46.035 uses the following definition for Premises:
"Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
You can find that portion here: https://statutes.capitol.texas.gov/Docs ... /PE.46.htm

Regarding if it's actually a 51% establishment or not, you can do an inquiry here at the TABC's website:
https://www.tabc.state.tx.us/PublicInquiry/Status.aspx

So, regarding your question, the 46.035 definition of Premise specifically excludes the parking lot. However, if the outdoor seating area is connected to the building, such as a covered or screened in porch, I personally wouldn't chance it.
by Mike S
Mon Dec 30, 2019 3:55 pm
Forum: General Texas CHL Discussion
Topic: Definition of "Premises" Regarding 51% Restaurants
Replies: 14
Views: 13336

Re: Definition of "Premises" Regarding 51% Restaurants

Could you please cite where you received that information? That would be helpful.

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