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51% Sign

12,466 Views | 30 Replies | Last: 6 yr ago by lazuras_dc
Bitter Old Man
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I was at the Long Center in Austin today (its a large meeting/theater venue) Jimmy Kimmel does his show there when hes in Austin. On my way out I saw they had a 51% sign by the door (oops). I highly doubt that such a place really gets 51% of their revenue from alcohol sales, unless they are excluding ticket revenue.

Am I looking at this right? WTF?
Snow Monkey Ambassador
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Most ticket revenue goes to the performers, so it seems logical that they'd get 51% of revenue from alcohol.
FatZilla
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quote:
If you want to report a restaurant posting a 51% sign just to preclude CHL holders from carrying in an establishment, you can report the alleged violation to the Texas Alcoholic Beverage Commission (TABC) by calling 888-THE-TABC.
Can call and report them. Should also be able to check the TABC site for their license.
https://www.tabc.state.tx.us/PublicInquiry/Status.aspx

Edit: looks like there registered correctly. Not exactly sure what qualified them for it though. Can still request a review through the TABC though if you believe they lied about something or should be disqualified.
Bitter Old Man
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Sure its paid to the promoter/performers, but its collected by the venue so the revenue will still count. I thought the 51%. I am assuming there are probably multiple entities in the operation, and the concession entity is probably separate. That seems like a BS way for them to make it a no carry zone.
Snow Monkey Ambassador
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quote:
Sure its paid to the promoter/performers, but its collected by the venue so the revenue will still count. I thought the 51%. I am assuming there are probably multiple entities in the operation, and the concession entity is probably separate. That seems like a BS way for them to make it a no carry zone.
I could be wrong about this, but just because it passes through their hands doesn't make it their revenue, I don't think. If I own a credit card machine and you pay me 1% to take credit cards for you, is the other 99% my revenue or yours? Seems like the same concept would apply.
Bitter Old Man
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Who knows, but the Venue keeps a chunk of it for the cost of using the venue.
Towns03
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not to derail, but I can't believe that Twin Peaks ISN'T a 51% establishment. I bet there's some shady accounting going on there.
maverick2076
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not to derail, but I can't believe that Twin Peaks ISN'T a 51% establishment. I bet there's some shady accounting going on there.
Lunch sales probably make the difference. Plenty of people go there for lunch during the work week.
FatZilla
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quote:
not to derail, but I can't believe that Twin Peaks ISN'T a 51% establishment. I bet there's some shady accounting going on there.
Food would easily outpace alcohol there.
txyaloo
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quote:
I was at the Long Center in Austin today (its a large meeting/theater venue) Jimmy Kimmel does his show there when hes in Austin. On my way out I saw they had a 51% sign by the door (oops). I highly doubt that such a place really gets 51% of their revenue from alcohol sales, unless they are excluding ticket revenue.

Am I looking at this right? WTF?
51% is an interesting beast.

If an outside vendor has an alcohol license for say a concessions area, and that vendor gets 51% of their sales from alcohol, then the entire facility is off limits. This even applies to property owned by a governmental entity. I'm honestly surprised more government entities haven't used this is a loophole for banning guns with the new civil penalties they face for unlawful no guns signs.

It's something that needs to be fixed in the current law and would have been fixed in HB308 from the 2015 session, but we got OC instead.

46.035 is the applicable penal code. The key word is "premises of a business". Premises is defined as:

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"Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

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(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:

(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;

Now, all of this might change with Paxton's AG opinion about counties being able to prohibit CHLs in an entire courthouse or only the portion of a courthouse that supports the court offices. He said the "portion of a building" means the Legislature intended to only prohibit CHLs in that portion of the building affected by statute. So in the case of a 51% "vendor" at a venue, the 51% would only apply to the portion of the building around the vendor.

I've seen comments from a TABC agent that said if the entire facility wasn't 51%, people wouldn't be able to take their drinks away from the alcohol vendor's portion of the building.
Bitter Old Man
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That makes a lot more sense.....
EMY92
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If you go into the office entrance at Kyle Field (right behind the War Hymn statue), they have a 51% sign posted.
txyaloo
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quote:
If you go into the office entrance at Kyle Field (right behind the War Hymn statue), they have a 51% sign posted.
That's funny! Might be worth reporting them to TABC. They don't take kindly to people posting improper 51% signs. Kyle Field should have a blue sign.

tamu2009
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for the ignorant. what is a blue sign?
txyaloo
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quote:
for the ignorant. what is a blue sign?
Blue is the standard "no guns" sign for any business that sells alcohol. So if the TABC site says "Blue" the business has to install the sign on the right. If the TABC site says "Red", the business has to put up the 51% sign.

tamu2009
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quote:
quote:
for the ignorant. what is a blue sign?
Blue is the standard "no guns" sign for any business that sells alcohol. So if the TABC site says "Blue" the business has to install the sign on the right. If the TABC site says "Red", the business has to put up the 51% sign.


the ignorant people thank you
Scruffy
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quote:
quote:
If you go into the office entrance at Kyle Field (right behind the War Hymn statue), they have a 51% sign posted.
That's funny! Might be worth reporting them to TABC. They don't take kindly to people posting improper 51% signs. Kyle Field should have a blue sign.




If you knew how much the chancellor and the people in the suites spent on alcohol, along with the zone club; and include the private events hosted there (weddings, meetings, etc,) it might (very small might) make it.
txyaloo
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quote:
quote:
quote:
If you go into the office entrance at Kyle Field (right behind the War Hymn statue), they have a 51% sign posted.
That's funny! Might be worth reporting them to TABC. They don't take kindly to people posting improper 51% signs. Kyle Field should have a blue sign.




If you knew how much the chancellor and the people in the suites spent on alcohol, along with the zone club; and include the private events hosted there (weddings, meetings, etc,) it might (very small might) make it.
It's possible. That would be a lot of alcohol sales to account for 51% of sales in Kyle over a year. IIRC, Levy handles the concessions for all of Kyle, and they also have the TABC permit. So in theory, all concessions sales in Kyle over the entire year (including any catering Levy provides) would be included in their sales numbers.

The University Club also has a booze permit and requires a blue sign so any sales there would be separate from Kyle sales.
ATXAdvisor
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My wife is the finance director there, so I can ask her for clarification but I suspect it has something to do with their organization structure. They sit on city owned land that is rent free. The catch, they have to provide their venue to Austin Ballet, Opera, and Orchestra. They only book about a 3rd of the year with their own productions and they sell a lot of alcohol at all of them. The Ballet, Opera, and Orchestra keep all of their revenue.
Burt Macklin, FBI
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quote:
quote:
quote:
If you go into the office entrance at Kyle Field (right behind the War Hymn statue), they have a 51% sign posted.
That's funny! Might be worth reporting them to TABC. They don't take kindly to people posting improper 51% signs. Kyle Field should have a blue sign.




If you knew how much the chancellor and the people in the suites spent on alcohol, along with the zone club; and include the private events hosted there (weddings, meetings, etc,) it might (very small might) make it.


Gonna take quite a bit to overcome that chicken wrap revenue.
CanyonAg77
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quote:
Kyle Field should have a blue sign.
Since by default you can't carry into a sporting event, does Kyle Field need any sign?
FBG_Ag78
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quote:
quote:
Since by default you can't carry into a sporting event, does Kyle Field need any sign?

EOT
txyaloo
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quote:
quote:
Kyle Field should have a blue sign.
Since by default you can't carry into a sporting event, does Kyle Field need any sign?
If they serve alcohol, yes. TABC requires posting of the sign even in a location that is off limits by statute.

Also, starting this August, Kyle will only be off limits if posted 30.06.
Pro Sandy
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I noticed one of the side of the ticket booth at the Texas State Aquarium a couple of weekends ago. I didn't even know they sold alcohol...
CanyonAg77
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quote:
Also, starting this August, Kyle will only be off limits if posted 30.06.
This is news to me. I thought that all sporting events were still off limits to carry, other than LEOs.
Kenneth_2003
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quote:
quote:
quote:
Kyle Field should have a blue sign.
Since by default you can't carry into a sporting event, does Kyle Field need any sign?
If they serve alcohol, yes. TABC requires posting of the sign even in a location that is off limits by statute.

Also, starting this August, Kyle will only be off limits if posted 30.06.
Keep in mind all of the non-sporting events that do occur within the confines. Obviously you're not going to continuously take the sign down and put it back up depending on the venue use that day.
txyaloo
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quote:
quote:
Also, starting this August, Kyle will only be off limits if posted 30.06.
This is news to me. I thought that all sporting events were still off limits to carry, other than LEOs.
The campus carry law changed this.

Starting August 1, 2016 all collegiate sporting events have to be marked with valid 30.06 signage to be off limits. Professional sporting events are still off limits by statute.
Bitter Old Man
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How the hell are you supposed to run around the venue looking for a 30.06 sign? It could be anywhere.
CanyonAg77
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I'll be darned. Was not aware that campus carry includes sporting events. One suspects that most stadiums and arenas will soon be sprouting those signs.....assuming they can.
txyaloo
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I'll be darned. Was not aware that campus carry includes sporting events. One suspects that most stadiums and arenas will soon be sprouting those signs.....assuming they can.
I'm interested to see how it's implemented. If they're multi-use facilities like Reed, I don't see how the university could ban carry 100% of the time. The AG said universities can put up temporary 30.06 signs in the interest of public safety and not be in violation of the CC law. Maybe with multi-use facilities, portable signs will go up during sporting events (assuming the university chooses to ban CC at those events), and be removed after?

We'll have to wait to see what the final CC plans look like and how the Legislature reacts.
lazuras_dc
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Pro Sandy said:

I noticed one of the side of the ticket booth at the Texas State Aquarium a couple of weekends ago. I didn't even know they sold alcohol...
I did a google search after I noticed this on my last trip to the AQ and this thread came up lol. Yes there is NO WAY alcohol sales are 51% for them even for weddings/events. This definitely has to be a bogus sign.
lazuras_dc
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So my friend who is a manager there just sent this to me

Quote:

Hello! The sign pertains to our Texas State Aquarium Beverage Services which is a separate TSA Company that allows us to sell alcohol for Special/after hours events.
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