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by Bennies
Fri Apr 23, 2010 8:21 pm
Forum: General Texas CHL Discussion
Topic: Question about a 51% sign...
Replies: 13
Views: 2021

Re: Question about a 51% sign...

srothstein wrote:
Photoman wrote:
Bennies wrote:What constitutes as the 51% premis in that situation.

It was explained to me by TABC that whatever is mapped out on the license is what counts.
That is correct. Whatever is listed as the premises on the license is what is the premises for the law. A good basic rule for you to follow is that the licensed premise is anywhere they will let you take the drink. That is why they leave these large defined premises on licenses.

The other big gray area is what counts as a premise. In the Alcoholic Beverage Code, it is clearly shown to include the parking lots, and this has applied to the Penal Code for years for the basic unlawfully carrying upgrade. But for a CHL and the 51% rule, the Penal Code specifies that premises means buildings. I honestly cannot say which definition the courts would take, especially for a licensed premise that does not include a building, such as a party in a park.
See too many variables for me. So i just left when i encountered the sign on the 4th. I do not need those kind of legal problems if i ever was made.
by Bennies
Thu Apr 22, 2010 11:04 pm
Forum: General Texas CHL Discussion
Topic: Question about a 51% sign...
Replies: 13
Views: 2021

Re: Question about a 51% sign...

I came across the same problem at the water way on the 4th of July fire works display two years ago. They had a "no guns allowed sign" up at the south entrance of the event by that stair well. I shrugged my shoulders and pressed on past the sign. Near the ticket booth there was another booth that sold alchohal with a valid 51% sign. At that point I turned around, left the event and watched the fireworks by laundrys seafood on a grassy hill. It was less crowded anyways. I had the same question though. What constitutes as the 51% premis in that situation. I was in a public area I usual carry into all the time on a normal day. It was too grey for me so I just left. Interesting question you ask though, hopefully someone knows the answere.

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