Keith B wrote:denwego wrote:
And the zoo makes me think of something I hadn't ever noticed before: let's say something like the Waco Zoo is licensed, actually encompasses the whole property, and is 51%. The Waco Zoo is more or less entirely outdoors, composed of footpaths and the like; §46.035 defines "premises" as "a building or a portion of a building", so... a genuinely Red location that's entirely outdoors should be technically OK to carry with a LTC, eh? Felony violations are a heck of a razor's edge, but that's the plain language as I read it...
Therein lies the rub. Per the definition of TABC, 'Licensed Premises are any premises covered by permit or license issued by the Commission', so is not the same as 46.035, it is whatever is defined by the TABC and the owner as the area where alcohol can be consumed on premise. For example, at a restaurant they may actually define the area on the sidewalk as part of their premises if they have a couple of outside tables where they serve food and alcohol. Those are usually surrounded by a short wall of barrier, but may not be. That area for a 51% location would be off-limits even though it was on a sidewalk if the TABC officer used the premises definition by TABC. They
should use the definition in 46.035 which says ' "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.', but they may not, so it would take a lawyer and judge to get charges dismissed or find you not guilty due to where the offense took place.
I think this is a very important distinction. The crime you are going to be charged with is under section 46.035...and the section specifically defines premises to
exclude sidewalks, walkways, etc. "Licensed" may be defined by the ABC code, but for the unlawful carry, "premises" is specifically defined by the 46.035 statute, and that should be how it's applied. The State Fair of Texas comes to mind, as there are large numbers of 51% booths there, and I'll bet they draw off all of Fair Park in the licenses, yet the state allows carry there...
