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by chasfm11
Thu Jul 06, 2017 9:07 am
Forum: General Texas CHL Discussion
Topic: City did it again...or did they?
Replies: 21
Views: 6147

Re: City did it again...or did they?

G.A. Heath wrote:Here's a thought, If the area is licensed for on premises consumption then officers can not arrest someone for Public intoxication. Logically it would follow officers would need to be aware of this so the reasonable solution to determining if the event location is off limits would be to ask an officer if someone is consuming alcohol in that very location would they face charges. If the answer is no they would not then the location is logically licensed and off limits, otherwise the inverse would be true. "rlol"

In reality I don't recommend trying the above or you might get the chance to point your attorney to this thread and suggest he read the post Charles made about how he would argue it...
Thanks. I hadn't thought about that angle before. I've made contact with at Lt. on the Lewisville PD and may ask him that question. I'm sure that the officers who patrol Western Days would not allow someone to be publicly obnoxious but they may use something besides PI to put on the silver bracelets. I'll ponder sending a letter to the City Manager suggesting that the city is giving up the right to prosecute PI by posting the 51% sign. Perhaps it would at least trigger a legal review.
by chasfm11
Wed Jul 05, 2017 7:45 am
Forum: General Texas CHL Discussion
Topic: City did it again...or did they?
Replies: 21
Views: 6147

Re: City did it again...or did they?

This seems to be the work around for Cities. Lewisville did the same thing when they fenced off their entire downtown for Western Days. I did a deliberate search, trying to find the holder of the TABC license but could not. I'm not willing to expend too much energy on it since I don't believe that TABC is supportive of preventing the improper sign postings on these temporary events. At best, they will slap the city's hands and the forget about what happened this year when the city posts the same 51% sign next time.

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