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by A-R
Sat Mar 29, 2014 3:56 am
Forum: General Texas CHL Discussion
Topic: TABC Sign Posting Rules/Laws
Replies: 19
Views: 3235

Re: TABC Sign Posting Rules/Laws

Scott Farkus wrote:Along these same lines, are businesses allowed to alter the TABC signs in any way? For example, I noticed a wine bar on Congress Ave. in Austin the other day that had a sign with the language of the 51% sign in the front window, but not the actual numerals "51%". I would assume that this place is in fact a 51% establishment as they are in fact a wine bar that serves only appetizer type food, but why are they allowed to alter the sign?
Sign rules below from Government Code. Whether the sign you describe fails go provide "effective notice" per PC 46.035 .... I dunno. "effective notice" is not defined for 51% sign like it is for PC 30.06 sign.
Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).

(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
by A-R
Sat Mar 29, 2014 3:50 am
Forum: General Texas CHL Discussion
Topic: TABC Sign Posting Rules/Laws
Replies: 19
Views: 3235

Re: TABC Sign Posting Rules/Laws

If the sign is not visible before you enter the 51% location then you likely have a defense to prosecution, but you have to read down to (k) under PC 46.035 to find it. As soon as you do see the sign, leave.
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

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