Rifle and Shotgun illegal if business as a liquor license?

[E.Marquez]

"The Texas Alcoholic Beverage Commission (TABC) issued a REMINDER to all those who hold a Liquor License that businesses licensed to sell or serve alcoholic beverages are prohibited by state law from allowing rifles or shotguns in the building.

Specifically, Section 11.61(e) of the Alcoholic Beverage Code says that TABC shall, after the opportunity for a hearing, cancel a permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. Some exceptions include licensed concealed handguns and peace officers."

So am I the only one that did not know this?

Personally I don't see it as effecting me as I cant see a time or place where I would likely run into the issue / decision point.
That is beside the point of ..... WHAT? and Why? How did I become a person needing legal restaurant because I stopped at the local 7 Eleven for ice and gatorade on the way to my deer lease, local outdoor range, ect?

Again, I have no idea why I would want to bring in my shotgun or rifle...Perhaps a concern the shady dude on the corner in the shadows checking car door handles and i don't want my rifle or shotgun stolen..

But what about the hotel I want to get a room in...it has a bar, it has a liquor license... So no rifle in the building?

[ScottDLS]

"The Texas Alcoholic Beverage Commission (TABC) issued a REMINDER to all those who hold a Liquor License that businesses licensed to sell or serve alcoholic beverages are prohibited by state law from allowing rifles or shotguns in the building.

Specifically, Section 11.61(e) of the Alcoholic Beverage Code says that TABC shall, after the opportunity for a hearing, cancel a permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. Some exceptions include licensed concealed handguns and peace officers."

So am I the only one that did not know this?

Personally I don't see it as effecting me as I cant see a time or place where I would likely run into the issue / decision point.
That is beside the point of ..... WHAT? and Why? How did I become a person needing legal restaurant because I stopped at the local 7 Eleven for ice and gatorade on the way to my deer lease, local outdoor range, ect?

Again, I have no idea why I would want to bring in my shotgun or rifle...Perhaps a concern the shady dude on the corner in the shadows checking car door handles and i don't want my rifle or shotgun stolen..

But what about the hotel I want to get a room in...it has a bar, it has a liquor license... So no rifle in the building?

This likely came from the OCT antics at Chipotle (they sell alcohol). While it's not technically illegal for the person carrying the rifle, it's illegal for the liquor licensee to let them on the licensed premises. If stopping at 7-11 on the way to hunting, don't bring the rifle in.

Then there's always the Frisco gun club, where they have a bar, but they make you leave the weapons outside the bar area. So I assume you can have them in the building, just not on the licensed part of the premises.

[E.Marquez]

This likely came from the OCT antics at Chipotle (they sell alcohol). While it's not technically illegal for the person carrying the rifle, it's illegal for the liquor licensee to let them on the licensed premises. If stopping at 7-11 on the way to hunting, don't bring the rifle in.

Then there's always the Frisco gun club, where they have a bar, but they make you leave the weapons outside the bar area. So I assume you can have them in the building, just not on the licensed part of the premises.

Im with you.. and yes, If I was so concerned with my weapons in the car I needed to take them with me, id find another place to get ice..
And yes good guess, that cite from an article did come from a response referencing the OCT clowns and Chipotle (no real intention to be insulting clowns,,sorry)

I found the info tidbit interesting, more than concerning.. And highly inapplicable to me in general.. but still interesting as a "Ididntknowthat"

[Charlies.Contingency]

So it is illegal for a bar or a business that has a liquor license, to have a shotgun somewhere? From my understanding, unlicensed carrying of a weapon, but one would naturally believe that the business owner/manager, or other authorized personnel could have in their possession whatever they wished to do. Does this mean a property owner has lost rights in this case?

[ScottDLS]

So it is illegal for a bar or a business that has a liquor license, to have a shotgun somewhere? From my understanding, unlicensed carrying of a weapon, but one would naturally believe that the business owner/manager, or other authorized personnel could have in their possession whatever they wished to do. Does this mean a property owner has lost rights in this case?

No...because this is the current rule:

On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:
(1) the firearm is in the possession of the permittee/licensee; or

[LSUTiger]

I'm confused.

So if I go to Olive Garden, because it's not posted 51% or 30.06 I can conceal carry in the bar area and the normal dining areas.

I could carry a long gun in the normal dining areas but not the bar area or I can't carry in the entire premises at all because it has a bar?

I need to know quick so I can plan what I'm gonna do for lunch today!

Now if I go to a hotel, that has a bar, can I bring my long gun to my room?

[ScottDLS]

I'm confused.

So if I go to Olive Garden, because it's not posted 51% or 30.06 I can conceal carry in the bar area and the normal dining areas.

I could carry a long gun in the normal dining areas but not the bar area or I can't carry in the entire premises at all because it has a bar?

I need to know quick so I can plan what I'm gonna do for lunch today!

Now if I go to a hotel, that has a bar, can I bring my long gun to my room?

Yes. You can CC in Olive Garden if not a 51% premises. You could even drink at the bar and carry, unless you become intoxicated (though I recommend against it). You could legally take a long arm into a hotel with a liquor license although the permittee may be required to try to stop you if you bring it on the licensed premises.

[ELB]

Does "licensed premises" not include the entire property or building at the address on the license? Or does it include only the space, room, or building included on file with the license? (srothstein, looking at you here )

In past years I thought it was the case that a room, or set of rooms, or patio area, or whatever could be sectioned off within a building or property, and that would be the only 51% area, but someone else differed with me on this, saying the license, blue or red, applies to the whole address on the license. I went online to check, and so far the evidence seems to point to this. "Evidence," in this case, being that I remember some years back that the bar at the Gunter Hotel in San Antonio had 51% signs prominently displayed -- but only in the bar itself. (I note that their old expired license has Gun Sign=Red on the TABC site). The rest of the hotel was not marked. Now when I go online at the TABC site, it says the license for the Gunter is Blue -- so apparently the bar is not sectioned off as a separate zone any more (and I'm pretty sure the Gunter still has a bar). Thus the bar revenues must be added in with the rest of the revenues , thus staying below the 51% threshold. Every other hotel I checked was the same way -- they are all Blue, and I am pretty sure they have bars where the main event is serving drinks, not just restaurants that serve alcohol. For example, the Menger and the Teddy Roosevelt bar.

In which case I wonder how the Frisco gun club handles this, assuming they have rifles and shotguns on the ranges (dunno, never been there).

If the ban does apply to the whole building, this does present a bit of discomfort -- I have traveled overnight with a rifle before, and it does not stay in the car. It goes into the hotel room with me. If the hotel serves alcohol in its restaurant, then apparently it's not supposed to let me do that? (not that I would point it out to them).

??

[Charlies.Contingency]

So it is illegal for a bar or a business that has a liquor license, to have a shotgun somewhere? From my understanding, unlicensed carrying of a weapon, but one would naturally believe that the business owner/manager, or other authorized personnel could have in their possession whatever they wished to do. Does this mean a property owner has lost rights in this case?

No...because this is the current rule:

On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:
(1) the firearm is in the possession of the permittee/licensee; or

Okay, I thought that something along those lines was in there. Mind noting what section you snipped that from?

[ScottDLS]

So it is illegal for a bar or a business that has a liquor license, to have a shotgun somewhere? From my understanding, unlicensed carrying of a weapon, but one would naturally believe that the business owner/manager, or other authorized personnel could have in their possession whatever they wished to do. Does this mean a property owner has lost rights in this case?

No...because this is the current rule:

On-Premise Possession of Firearms. Firearms may be possessed on premises licensed for on-premise consumption if:
(1) the firearm is in the possession of the permittee/licensee; or

Okay, I thought that something along those lines was in there. Mind noting what section you snipped that from?

I looked up a cite above and found the Alcohol Beverage Code:

Sec. 11.61. CANCELLATION OR SUSPENSION OF PERMIT. (a) As used in Subsection (b) of this section, the word "permittee" also includes each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock. This section shall not be construed as prohibiting anything permitted under Section 22.06, 24.05, or 102.05 of this code.
....
(e) Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of the person's duties as a security officer;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.
....