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Keith B wrote:While you are technically correct, one thing to remember is this is a 'defense to prosecution', but not a guarantee you won't be prosecuted. For example, if the prosecutor can convince the Judge or Jury that you well knew it was a 51% location when you entered, even without the sign, then you could be in hot water and be convicted of carrying in a 51% establishment.

So, I would still be very cautious if you suspicion an establishment is 51% even without the sign unless you have proof it is not.

(h-1) *[as added by Acts 2007, 80th Leg., R.S., HB 2300.] It is a defense to
prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at
the time of the commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201,
Government Code; or
(3) a district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney, or assistant
county attorney.

Sec. 104.06. MONITORING OF GROSS RECEIPTS. (a) On the issuance and renewal of a license or permit that allows on-premises consumption of any alcoholic beverage the commission shall determine whether the holder receives, or for the issuance of a license or permit is to receive, 51 percent or more of the gross receipts of the premises for which the license or permit is issued from the holder's sale or service of alcoholic beverages for on-premises consumption.
(b) The commission shall:
(1) adopt rules for making a determination under Subsection (a); and
(2) require a holder of a license or permit to provide any information or document that the commission needs to make a determination.
(c) If the commission makes a determination under Subsection (a) that a holder of a license or permit receives 51 percent or more of the gross receipts of the premises from the sale or service of alcoholic beverages, the holder shall comply with the requirements of Section 411.204, Government Code, and shall continue to comply with those requirements until the commission determines that the holder receives less than 51 percent of the gross receipts of the premises from the sale or service of alcoholic beverages for on-premises consumption.

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).

(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.