TexasCHLforum.com

stevie_d_64 wrote:

txinvestigator wrote:

stevie_d_64 wrote:There would be no use for a 51% sign at a hospital as the use of that sign is intended only for businesses that derive more than 51% profits from the "on-premises" consumption of alcohol...

Not the sale, but the on-premises consumption...

No, actually if they derive more than 51% of their income from the SALE of alcoholic beverages for on-premises comsumption.

(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;

Oh, ok, so it has still been the combo deal all along...

I guess I have never been worried about violating this particular portion of the code...

I only drink socially at home, so I don't go to bars or clubs anymore, and thought that it was gauged on the on-premises consumption, and obviously they would sell that stuff...Its not free...

But just purely sales would indicate that liquor stores might be off-limits as well...But that would be wrong...

Stevie, look again. I highlighted the important part.

It's a misdemeanor to drink anywhere on the premises, including the parking lot, of a business licensed to sell for off-premises consumption. On-premises licensees cannot sell take-out, and can't let customers leave with drinks.

51% only applies to on-premises consumption. The way the law is worded, they don't have to sell it; they can also make that 51% threshold by serving it, like bottle clubs in Oklahoma where you BYOB and pay them to serve you your own liquor. (Yes, it's crazy. It's Oklahoma.)

Kevin

Christus St. Michael, in Texarkana, has had full 30.06 signage since the law passed. It has English above, Spanish below, and in between are a ghostbusters symbol and 51%. It's been the subject of humor from folks in the know, joking that they'll have a martini IV drip.

I believe there was (might still be) something in the GC or H&SC that mistakenly included 51% as part of the signage hospitals are required to post.

But in any case... so far as I can find, there is no penalty for carrying past a 51% sign. If it's a 51% establishment, you're in violation when you carry there, whether or not there is a sign. If it's not a 51% establishment, then you're not in violation even if there is a sign.

Kevin

I believe Hickeroar said the hospital where his MIL works is not posted by 30.06.

Kevin

Hickeroar wrote:Well, it's a felony to carry in most (if not all) hospitals anyway so there's nothing you can do about that. The hospital owner had nothing to do with that decision.