TexasCHLforum.com

Keith B wrote:

dhoobler wrote:Would a person with a LTC charged with violating a 51% sign be charged under TPC 46.035 or TABC code?

It would be a 46.035 charge, but not valid. TABC code does not have any criminal penalties in it, so they have to charge a person under Texas Penal Code. The only penalties in TABC code pertain to a licensee and the suspension or revocation of a license for violating the administrative rules.

If an LTC holder were to be charged with an offense under 46.035, I would expect that the definition of premises from 46.035 would apply:

(3) "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.

If the courts can mix and match the law and pull the definition of premises from another section of code, the law becomes impossibly ambiguous.

Would a person with a LTC charged with violating a 51% sign be charged under TPC 46.035 or TABC code?

This begs a question. Does a 51 percent vendor anywhere on the grounds render the entire area off limits by statute? I also wonder if there will be 06/07 signs posted, which have nothing to do with the sale of alcohol.

http://www.12newsnow.com/story/31552552 ... state-fair

Organizers will not be allowing those carrying firearms into the park because there’s a temporary liquor license for the event. Law states if 51 percent of gross sales comes from alcohol, it’s illegal to have guns in the area. Fair officials say this rule applies to the festivities because there are some vendors that will make a majority of their sales from liquor.