Stevie, look again. I highlighted the important part.stevie_d_64 wrote:Oh, ok, so it has still been the combo deal all along...txinvestigator wrote:No, actually if they derive more than 51% of their income from the SALE of alcoholic beverages for on-premises comsumption.stevie_d_64 wrote:There would be no use for a 51% sign at a hospital as the use of that sign is intended only for businesses that derive more than 51% profits from the "on-premises" consumption of alcohol...
Not the sale, but the on-premises consumption...
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage
Commission under Section 104.06, Alcoholic Beverage Code;
I guess I have never been worried about violating this particular portion of the code...
I only drink socially at home, so I don't go to bars or clubs anymore, and thought that it was gauged on the on-premises consumption, and obviously they would sell that stuff...Its not free...
But just purely sales would indicate that liquor stores might be off-limits as well...But that would be wrong...
It's a misdemeanor to drink anywhere on the premises, including the parking lot, of a business licensed to sell for off-premises consumption. On-premises licensees cannot sell take-out, and can't let customers leave with drinks.
51% only applies to on-premises consumption. The way the law is worded, they don't have to sell it; they can also make that 51% threshold by serving it, like bottle clubs in Oklahoma where you BYOB and pay them to serve you your own liquor. (Yes, it's crazy. It's Oklahoma.)
Kevin
