TexasCHLforum.com

brokedown48 wrote:Just an update, I was at the Alvin KC hall awhile ago. They are 30.07 posted but not 30.06. Also Froberg farm (sp) is 30.07 posted but not 30.06

BRING-YOUR-OWN-BEVERAGE (BYOB)
1. Can our guests bring their own alcoholic beverages into our establishment, or to our event, if we don't hold a TABC permit?

There are no statewide bring-your-own-beverage (BYOB) laws in Texas. (Check with your city or county for relevant local ordinances.) There is a state law that says it's illegal to bring alcoholic beverages onto the premises of the holder of a mixed beverage permit or private club permit. Otherwise, nothing in state law prohibits a guest from bringing their own alcoholic beverages onto the premises of a bar or restaurant or other establishment that is licensed to sell wine or beer, or into an establishment that is not licensed to sell alcoholic beverages.

2. Can our guests bring their own alcoholic beverages into our establishment while we are applying for a TABC permit?

You may allow customers to bring their own alcoholic beverages onto your premises while you are in the process of applying for a TABC permit. If you are obtaining a Wine and Beer Retailer's Permit, you can continue to allow customers to bring their own alcoholic beverages, even after you obtain a TABC permit. Some establishments that sell only wine and beer allow customers to bring in distilled spirits and sell "set-ups." This would not be legal with a Private Club or Mixed Beverage Permit.

It is important to avoid any legal violations taking place on the premises before and after obtaining a TABC permit. If the applicant becomes known for illegal activity on the premises, it will interfere with the permitting process with TABC.

3. What alcohol-related state laws apply to a Bring-Your-Own-Beverage or BYOB location or event?

- Minors Possessing or Consuming Alcohol - The punishment for making alcoholic beverages available to a minor is a class A misdemeanor, punishable by a fine up to $4,000, confinement in jail for up to a year, or both. Additionally, the violator will have his or her driver's license automatically suspended for 180 days upon conviction.

- Persons 21 or older (other than the parent or guardian) can be held liable for damages caused by intoxication of a minor under 18 if the adult knowingly provided alcoholic beverages to a minor or knowingly allowed the minor to be served or provided alcoholic beverages on the premises owned or leased by the adult.

- Legal Hours of Public Consumption - The legal hours of public consumption of alcoholic beverages still apply to BYOB establishments or special events held in a public place. Even if the location does not hold a TABC permit, the guests can't drink alcoholic beverages on the premises all night long.

- Legal hours of public consumption begin a 7am Monday through Saturday, and begin at noon on Sunday. Legal hours of public consumption end at 2:15am if the area is legal for extended hours. Otherwise, legal hours of public consumption end at 12:15am Sunday night through Friday night, and 1:15am Saturday night.

- Public Intoxication - Chapter 49.02 of the Texas Penal Code states: "A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another."

4. What is the definition of a Public Place?

Chapter 1.07(40) of the Penal Code defines a public place as "any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops." More to the point, Chapter 47.01(8) specifically excludes restaurants, taverns, and nightclubs from being private places.

RicoTX wrote:Pretty sure Keith is right... If it is BYOB then basically TABC has nothing to do with it AFAIK.

JP171 wrote:

Keith B wrote:BYOB locations are different, in that they don't generate their revenue from the sale of alcohol for on-premise consumption.

As for private clubs, they are no different; if they sell for on-premise consumption and make more 51% or more of their revenue that way, then they will be a RED location.

Keith that is incorrect sir, many Ice houses are 51% but don't sell hardstuff but do set ups for your BYOB and do have the red sign requirement

On-Premises Requirements
On-premises retailers must post one of two different weapons signs. If:
• the retailer does not hold a Food and Beverage Certificate, and their
alcoholic beverage sales are 51% or more of their business, they use
the “51% Weapons Warning Sign”;
• a retailer holds a Food and Beverage Certificate or makes less than
51% of their income from the sale of alcoholic beverages, they use the
“Notice Weapons Warning Sign”

brokedown48 wrote:I never even thought about the K C hall before, glad y'all mentioned it. Would it be still be off limits at their fish dinners. I guess what I mean is, is it always off limits, no matter what they are hosting

License #: BE516434

Trade Name: KNIGHTS OF COLUMBUS COUNCIL 6403
Owner: ROBERTS, FRANCIS
Location Address:
129 CRD 146
ALVIN , TX 77511
Mailing Address:
8710 CRESTVIEW DR
MANVEL , TX 77578
County: Brazoria Orig. Issue Date: 6/5/2002
Status: Current Exp. Date: 6/4/2016
Wine Percent:
Location Phone No.: 281-585-1501
Subordinates:
Related To: Gun Sign: RED