What should I have done = 51% sign

[jmace57]

I was out of town yesterday with my wife and another couple, none of whom know I was carrying. We were in a small town, wandering down the streets looking at antique shops, etcetera. We were half a mile from the car and all decided we would pop into a restaurant and get something to drink. About 20 minutes after we sat down, I was just looking around - we were seated in an area with tables - and they served sandwiched/burgers, but there was a bar area to the side, but wide open to where we were sitting - and I saw a 51% poster.

I immediately started thinking "what do I do"? While my wife would have been sort of understanding, not only did I not particularly want the couple we were with know I was carrying, but I was half a mile away from the car. I didn't want to say "I have to leave". I felt sort of stuck. Fortunately, we wrapped it up about 3 or 4 minutes later, and left. But I was paranoid from that moment on.

Anyway, my question is what should I have done? I had a small pistol in a front left pocket - no chance of being "made". I am just curious what others would have done. The sign was up next to the bar, and as I mentioned, I didn't notice it until we had been there for 20 minutes. Thanks all.

[v-rog]

I would have felt guilty which would have caused me to excuse myself, curse a little, and take the handgun to the car. The walk to the car would be followed by a lot more cursing.

[Teamless]

I had that happen to me one time.
I had honestly missed the 51% sign until I had been there for a while.
I stayed, finished what we were doing and then left, to know that next time, it was 51% and would disarm or not go (and haven't been back yet)

[Pawpaw]

It would probably be a good idea now to check the TABC website to see if it really is a 51% location.

[AEA]

I would bet the 51% is for the bar area only, Otherwise, the sign should have been posted at the front door.

[Mr.ViperBoa]

I had that happen to me one time.
I had honestly missed the 51% sign until I had been there for a while.
I stayed, finished what we were doing and then left, to know that next time, it was 51% and would disarm or not go (and haven't been back yet)

[Tx_XDm]

I would bet the 51% is for the bar area only, Otherwise, the sign should have been posted at the front door.

+1

[C-dub]

It would probably be a good idea now to check the TABC website to see if it really is a 51% location.

I was thinking the same thing. Jmace57, do you remember what color the "51%" watermark was? Red or Blue?

AEA, can the bar area be distinguished from the rest of the restaurant? A couple of places I go to pick up " to go" orders make me go to the bar area to either order or pick it up and pay. I have not seen a 51% sign there yet.

[jmace57]

I forgot to mention it was 104 degrees!

[RiverCity.45]

So I'm curious about this notion that a 51% sign only applies to a bar portion of a restaurant. My understanding is that liquor licenses are issued to entities, not portions of entities. I suppose it's possibe to spin off the bar portion as a separate legal entity, but I suspect that is unlikely in a restaurant situation.

More likely, the owners got the standard kit of signs from TABC and mistakenly posted the 51% sign in the bar area because they do not understand the rules. I have seen this before (e.g., Hofbrau in San Antonio)

Two ways to resolve this: ask TABC to investigate or use their online verification feature. To exclude the possibility that the bar is separately licensed under a different name, use the search by address.

I am not a TABC employee, so I could be wrong, of course.

[C-dub]

More likely, the owners got the standard kit of signs from TABC and mistakenly posted the 51% sign in the bar area because they do not understand the rules. I have seen this before (e.g., Hofbrau in San Antonio)

It's not exactly a mistake to place it in the bar area just like there doesn't have to be a 30.06 sign at every entrance or even at the entrance. It's nice when it is, but it doesn't have to be.

[RiverCity.45]

More likely, the owners got the standard kit of signs from TABC and mistakenly posted the 51% sign in the bar area because they do not understand the rules. I have seen this before (e.g., Hofbrau in San Antonio)

It's not exactly a mistake to place it in the bar area just like there doesn't have to be a 30.06 sign at every entrance or even at the entrance. It's nice when it is, but it doesn't have to be.

Except I am refering to the times when it is a mistake, as in the entity is not actually a 51% location, but has a bar. When they are a 51% location, I agree, it isn't a mistake, but an inconvenience.

[AEA]

It would probably be a good idea now to check the TABC website to see if it really is a 51% location.

I was thinking the same thing. Jmace57, do you remember what color the "51%" watermark was? Red or Blue?

AEA, can the bar area be distinguished from the rest of the restaurant? A couple of places I go to pick up " to go" orders make me go to the bar area to either order or pick it up and pay. I have not seen a 51% sign there yet.

Possibly others are correct that it should be posted at the door if it is one business and at the bar if it is two businesses.

Dunno, I don't get out much.

What I do recall is that places that are restaurants that contain bars are fine to enter carrying as long as you do not go into the bar area which is usually in one end of the places or otherwise partitioned off with low walls or grills but possibly visible to all.

These usually have the 51% at the bar area, but you are still good if you are eating outside the bar area.

[johnson0317]

If they sell alcohol, they are going to post a 51% sign, or they should. I was just at Chuy's, in Tyler, and we had to wait in the bar area. Now here is the deal, the bar area can be a red 51% and you can still eat at the restaurant. However, being in the bar area is a no-no. Since we had to wait there, I wandered over to the posted licenses and just boldly looked them over. I found the TABC license and duly noted it to be "Blue". No sweat. I would rather hunt down the dang sign and know if I am legal, than to guess at it and maybe take a ride.

RJ

[RiverCity.45]

If they sell alcohol, they are going to post a 51% sign, or they should. I was just at Chuy's, in Tyler, and we had to wait in the bar area. Now here is the deal, the bar area can be a red 51% and you can still eat at the restaurant. However, being in the bar area is a no-no. Since we had to wait there, I wandered over to the posted licenses and just boldly looked them over. I found the TABC license and duly noted it to be "Blue". No sweat. I would rather hunt down the dang sign and know if I am legal, than to guess at it and maybe take a ride.

RJ

Tell me more about this notion. HOW can a restaurant bar be correctly posted 51% while the restaurant is not a 51% location (barring the scenario I described where the two are independently licensed TABC entities)?

"If they sell alcohol, they are going to post a 51% sign, or they should." I don't understand this. Lots of places sell alcohol and are not 51% and do not have a 51% sign, so it's not illegal to carry while in that area. What part of the penal code makes a non-51% location illegal to carry if you are in the bar area? Remember, the mere selling of alcohol for on-site consumption does not make it illegal to carry. The *business to whom the license is issued* must derive 51% or more of their revenue from the sale of alcohol for on-site consumption. As an example, the Lion and Rose pub has a bar area, but the establishment is not 51%. They are "blue" according to TABC. So can't one sit at the bar? Notice I didn't say *drink* (alcohol) at the bar.

Mind you, I am not asking about the sensibility of it, whether it's a good idea or not. I'm asking about the legality of it.