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by ScottDLS
Tue Mar 20, 2018 8:53 pm
Forum: General Texas CHL Discussion
Topic: Event outside of a bar
Replies: 28
Views: 7552

Re: Event outside of a bar

ninjabread wrote:
Keith B wrote:
BBYC wrote:“Premises” means a building or a portion of a building
Not by TABC terms. The 'licensed premises' is defined as the area where they can serve alcohol for on-premise consumption. It may normally not include the parking lot, but they also may get a temporary license to cover sale and consumption in the parking lot and then it would be off-limits. Best bet on these, if it's a bar and beside the business in their private parking area, and they are predominately selling alcohol, then it will be 99% a no-go.
What would an honest peace officer arrest for? 46.035 clearly 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.
:iagree:

The law is quite clear. The parking lot doesn’t meet the definition of the offense charged regardless of the TABC license considerations. :rules:
by ScottDLS
Tue Mar 20, 2018 8:18 pm
Forum: General Texas CHL Discussion
Topic: Event outside of a bar
Replies: 28
Views: 7552

Re: Event outside of a bar

Keith B wrote:
BBYC wrote:“Premises” means a building or a portion of a building
Not by TABC terms. The 'licensed premises' is defined as the area where they can serve alcohol for on-premise consumption. It may normally not include the parking lot, but they also may get a temporary license to cover sale and consumption in the parking lot and then it would be off-limits. Best bet on these, if it's a bar and beside the business in their private parking area, and they are predominately selling alcohol, then it will be 99% a no-go.
But if you were charged with 46.035 for carrying in 51% location, the definition of premises would be that in 46.035, not the TABC definition. Therefore, the parking lot would not be off limits. There are hundreds of 51% booths at the state fair and the drinks can be taken throughout fair park as the “TABC licensed premises” but the Fair is not off limits. :rules:

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