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Nutcracker wrote:Based on the letter of the law, I also stand by my position until a court or AG decision shows differently.

Both positions.

Lynyrd wrote:

warnmar10 wrote:There is a 51% chance they were displaying the wrong signage. I've reported 2 restaurants for displaying red when they were licensed blue. Both were corrected within days of reporting to TABC and neither put up 30.06 afterward.

I have also seen two different restaurants take down a 51% sign after I filed a complaint on the TABC website. Both of those were supposed to have the blue sign according to their license. Neither of them put up a 30.0X either.

RossA wrote:I once walked into a restaurant and sat down to eat lunch, carrying as always. After finishing lunch, I walked out and only then saw the red sign on an inside wall where it was only visible as you were either leaving or looking out the entry door, which I didn't do while I was there. I'm certain that I was in violation, and I'm certain that it wasn't my fault, but I wouldn't want to have to explain it to a jury.

ScottDLS wrote:Two points.

First. Charles Cotton has said in a previous post that by case law all the 46.15 Non-Applicability Provisions are considered a "Defense to Prosecution" vs. an exception to the law. That means carrying at all with a CHL or even carry by a Peace Officer is a "only" Defense to Prosecution.

Second. The Defense provided under 46.035 can't be negated by proving that you "knew" it was a 51% location. The Defense is that you were not given effective notice under section GC 411.204 (by posting of a 51% sign). If you present evidence of your Defense at trial, the prosecution must prove "beyond a reasonable doubt" that the Defense didn't exist.