Brewery Not 51% ...

[Scott in Houston]

I help a friend work at No Label Brewery in Katy, TX now and then on Saturdays.
They serve beer, provide some snacks and have live music, etc.

It's not a 51%.
The place is a literal brewery with no kitchen, but because of Texas ABC laws, it's not a "red" gun sign venue.

There are police all over but I'd like to carry when not drinking. It makes me nervous even though legally it should be completely OK. It's not 51% and there are no 30.06/30.07 postings.

Curious what this group's thoughts are. I was very surprised to see it as a blue gun sign location.

[Vol Texan]

If they don't sell for on premise consumption, that makes perfect sense.

[n5wmk]

If they don't sell for on premise consumption, that makes perfect sense.

What if they do sell for on-premise consumption? Tupp's Brewery in McKinney does sell for on premise consumption, and has a 51% sign nailed to a post by their entrance. And they have a Blue Sign nailed onto the Red Sign, partially covering it. Yet when I search the TABC website, they don't list any sign. If I reverse search the address to see if there is a second company selling the beer, nothing comes up. They don't sell any food, just their beer. I don't understand this one at all.

[Vol Texan]

If they don't sell for on premise consumption, that makes perfect sense.

What if they do sell for on-premise consumption? Tupp's Brewery in McKinney does sell for on premise consumption, and has a 51% sign nailed to a post by their entrance. And they have a Blue Sign nailed onto the Red Sign, partially covering it. Yet when I search the TABC website, they don't list any sign. If I reverse search the address to see if there is a second company selling the beer, nothing comes up. They don't sell any food, just their beer. I don't understand this one at all.

This is a VERY easy fix. Report these to the TABC. If they are displaying invalid signs, then it will be remedied right away. You can download the TABC app to do it on, easily.

[steveincowtown]

If they don't sell for on premise consumption, that makes perfect sense.

What if they do sell for on-premise consumption? Tupp's Brewery in McKinney does sell for on premise consumption, and has a 51% sign nailed to a post by their entrance. And they have a Blue Sign nailed onto the Red Sign, partially covering it. Yet when I search the TABC website, they don't list any sign. If I reverse search the address to see if there is a second company selling the beer, nothing comes up. They don't sell any food, just their beer. I don't understand this one at all.

Typically they are selling a glass (or entry) which also come with "free" samples of their beer.

[Vol Texan]

If they don't sell for on premise consumption, that makes perfect sense.

What if they do sell for on-premise consumption? Tupp's Brewery in McKinney does sell for on premise consumption, and has a 51% sign nailed to a post by their entrance. And they have a Blue Sign nailed onto the Red Sign, partially covering it. Yet when I search the TABC website, they don't list any sign. If I reverse search the address to see if there is a second company selling the beer, nothing comes up. They don't sell any food, just their beer. I don't understand this one at all.

Typically they are selling a glass (or entry) which also come with "free" samples of their beer.

That's right. I have a lunch meeting at the Karbach Brewery here in Houston this week. I'm carrying, no worries.

[Jusme]

The majority of a brewery's profit, is made from selling cans, bottles, and kegs, to retail establishments. There is no way that a tasting/tap room will sell enough to make up 51% of sales. If they have a 51% sign, posted, it is most likely in violation. I would check with the TABC and if it is improperly posted, file a complaint.

[srothstein]

The answer to the apparent dilemma lies in the license or permit type. Out of curiosity, I checked the No Label Brewery and it has a brewer's permit (note the letter B at the start of the permit number). This is a wholesale/manufacturer's permit and does not authorize ANY retail sales. This means that they cannot sell any beer for on premises consumption so they can never be a 51% location.

What they can do is give away beer for on premises consumption, and it would not surprise me if they charged for the glass it comes in. It is one way around the law. The difference between this loophole and the brewpub license is that a brewpub can only sell at its location and cannot package for other places to sell. A brewery can sell for other locations.

[JustSomeOldGuy]

The majority of a brewery's profit, is made from selling cans, bottles, and kegs, to retail establishments. There is no way that a tasting/tap room will sell enough to make up 51% of sales. If they have a 51% sign, posted, it is most likely in violation. I would check with the TABC and if it is improperly posted, file a complaint.

This. It's a factory, not a barroom.