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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?
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.