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Yesterday I visited a BBQ restaurant twice (once with family for lunch, the second time for and after event dinner/social event). I was carrying while waiting in the line outside to order, however I spotted the a 51% sign posted up ahead at the entrance. I told a family member I would be right back because I had forgotten something in my truck. I went and disarmed and secured my firearm. Because I just received my CHL in the middle of last week and wanted to carry, and simply because I believed the wrong sign was posted, I looked the establishment up on TABC’s website before returning later that evening. They have it as a blue sign establishment.So here’s the question, can a CHL holder cross this sign in this situation (knowing it contradicting to TABC’s listing)?

If it is important, the restaurant received its license to sell alcohol within the last month.

The absence of a 51% sign is a defense to prosecution but the sign isn't what makes it illegal.

What Apostate is saying is that the law says it is illegal to carry where TABC has determined it to be 51%. It does not say you can't carry where posted. So, yes, if the TABC site says it is a blue gun sign, you can ignore the posted 51% sign.

Thanks for the clarification!

And notify TABC that the wrong sign is posted so it can be corrected.

TexasGal wrote:And notify TABC that the wrong sign is posted so it can be corrected.

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And while not illegal as they are a less-than 51% locaiton, the only issue is if someone spotted you and called the police you might have to explain that the sign is wrong and you are legally allowed to carry there.

Keith B wrote:

And while not illegal as they are a less-than 51% locaiton, the only issue is if someone spotted you and called the police you might have to explain that the sign is wrong and you are legally allowed to carry there.

...and I doubt that explanation would go very far with a police officer. Could likely be one of those situations where you are going to take the ride, hire an attorney, then get your case dismissed. So, it may cost some money if you take the risk.

I sent in the complaint form to them. Hopefully next time it will be changed!

Keith B wrote:

And while not illegal as they are a less-than 51% locaiton, the only issue is if someone spotted you and called the police you might have to explain that the sign is wrong and you are legally allowed to carry there.

You might also have to explain that just because they spotted you doesn't mean you intentionally failed to conceal.

I've looked at the TABC regulations posted online.

There is no provision in the TABC regulations that allows posting the wrong sign.
Also, there is no provision for a restaurant to actually be able to take down a blue sign and put up a 30.06 sign.
(I guess they could post a blue sign and a 30.06, but that would be conflicting and you would certainly be confused.)

File a complaint with TABC and they will make them post the appropriate sign. I've successfully done this before for a restaurant near me.

android wrote:I've looked at the TABC regulations posted online.

There is no provision in the TABC regulations that allows posting the wrong sign.
Also, there is no provision for a restaurant to actually be able to take down a blue sign and put up a 30.06 sign.
(I guess they could post a blue sign and a 30.06, but that would be conflicting and you would certainly be confused.)

Sorry. Properly posted 30.06 means no carry. Doesn't matter whether they're TABC red or blue. They can CHOOSE to post 30.06 and you're out. period. There's no confusion whatsoever.

A restaurant with a bar MUST post EITHER a red 51% OR a blue sign as a term of TABC licensure. The 30.06 is mutually exclusive. There are many restaurants posting blue AND a 30.06.

grumble wrote: There are many restaurants posting blue AND a 30.06.

Many? There might be one somewhere maybe a couple, but I haven't seen one at a restaurant yet.

grumble wrote:

android wrote:I've looked at the TABC regulations posted online.

There is no provision in the TABC regulations that allows posting the wrong sign.
Also, there is no provision for a restaurant to actually be able to take down a blue sign and put up a 30.06 sign.
(I guess they could post a blue sign and a 30.06, but that would be conflicting and you would certainly be confused.)

Sorry. Properly posted 30.06 means no carry. Doesn't matter whether they're TABC red or blue. They can CHOOSE to post 30.06 and you're out. period. There's no confusion whatsoever.

A restaurant with a bar MUST post EITHER a red 51% OR a blue sign as a term of TABC licensure. The 30.06 is mutually exclusive. There are many restaurants posting blue AND a 30.06.

No, in the liberal capital of TX that everyone rags on, according to the TX 30.06 site, there are only 2 restaurants that have 30.06 signs. Foga de Chao and one of the Baby A's. I would hardly call that "many." There a few that incorrectly post red signs but that's easy to fix. Just file a complaint with TABC and they send out an examiner that tells them to put up the sign that matches.

It is highly likely mixed signage would be confusing based on most the completely wrong 30.06 signs I've noticed. Some faded, too small photo copy on the side door out of view vs. a highly recognizable TABC sign posted in plain sight.

The Texas 30.06 website is not a site of official record. The data is member-provided.

My point to the poster was simple (and still valid). If a restaurant has a bar, they must post either a 51% sign or a non-51% sign depending upon which license has been granted them by the TABC as defined by the % of alcohol revenue by gross receipts. They do not get a choice which sign they can post.

The restaurant CAN choose to post 30.06 REGARDLESS of which license type they have. 30.06 is not a mandate for a non-51% license, but it is certainly a choice that the restaurant/bar owner can make.

The original poster stated that this is a conflict in signage and can be confusing. I simply stated that it most certainly is not. Any business, properly posted 30.06, is off limits for carry, period. There's no confusion. 30.06 trumps.