TexasCHLforum.com

Keith B wrote:

jmorris wrote:Wouldn't the proper thing to do, especially if 51% signs are posted at the gates, be filing a complaint with TABC? I would but I'm not in the area so couldn't verify anything.

https://www.tabc.texas.gov/LicensedLocationComplaint/

Actually, the whole location may legitimately be under the TABC premise. If people can take their drinks out of the location and drink anywhere on the fair grounds, then the whole grounds will be defined under the 51% license. The problem would be if a TABC officer decides you are in violation of carrying on a 51% location, even though 46.035 defines premise as the building or portion of, then you may end up taking a ride until they realize that there is a discrepancy in the statutes vs. TABC rules on the definition of premises.

The entire premise cannot be 51% posted if the gross profits are not from alcohol sales. it is the same in a restaurant, they may serve alcohol anywhere in the restaurant, but if their gross revenues from the sale of alcohol are less than 51% it can't be a TABC posted 51% premises.

But unless this is designated a 51% permit by the TABC they have no legal means to prohibit LTC holders from bringing their handguns. The article did not state whether they have posted any signs only that their is a liquor permit (which I also doubt because permits are not listed in that manner.) If the permit holders are also obtaining profits from rides, food, ticket sales etc.. it is unlikely that they are grossing 51% from alcohol sales.

I don't live in the area, so I don't know about ownership of the property, but if they aren't posting it 30.06, 30.07 or 51% there should be no legal means to prohibit LTC holders from carrying. If it is owned by a municipality, then they should be held accountable for illegally posting.

puma guy wrote:

howdy wrote:Again, this is an example of knowing just a little bit of the law and using that information to your advantage...

Section 46.035 states:
"(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

"(3) “Premises” means a building or a portion of a building.

This article said "sales" not income. It also appears to be in a park and not in a building. Oh well, another example of government being the masters over the people.

I'm scratching my head on this one. How is a liquor license issued to someone without a physical address or location. Do they get one for the fairgrounds? Can a licensee get a liquor license that's temporary or movable? If so what about venues that hire vendors for cash bars or say one at a wedding? Are we precluded from carrying since obviously their sales are more than 51%.

This is just another attempt to circumvent the law, by claiming that if alcohol is served or consumed, then they can ban firearms. I am not familiar with this fair, but a permit can be issued temporarily just like the State Fair or festivals where they close off streets etc.. However, the entire permitted premise is not 51% posted because the overall sales of the event are not from alcohol. If you have to purchase a ticket to enter, then those sales figures must be included. If food is sold, same thing. The individual vendors may have 51% or more of their sales from alcohol, but that is only at that booth/kiosk etc. Not the entire site.

The report is erroneous, because simply having alcohol for sale does not prevent the licensed carry of handguns. The TABC is the only entity that can cause an area to be posted 51%.