guestion about FL law

guestion about FL law

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  1. #1
    Senior Member Array BRTCP88's Avatar
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    guestion about FL law

    "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the
    premises, which portion of the establishment is primarily devoted to such purpose;"

    What does the above mean exactly? Can I carry when I go to Pizza hut? (serves alcohol but doesn't have a "bar" area.)
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    Senior Member Array taseal's Avatar
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    you can go to a restaurant, but don't eat at the bar... sit at the table (thats what i've been told at least) if it has no bar area, then you are good to go since its not primarily devoted to such purpose.

    I need to buy that gutmatcher's book...

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    Senior Member Array BRTCP88's Avatar
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    Quote Originally Posted by taseal View Post
    you can go to a restaurant, but don't eat at the bar... sit at the table (thats what i've been told at least) if it has no bar area, then you are good to go since its not primarily devoted to such purpose.

    I need to buy that gutmatcher's book...
    OK thanks. The "Any portion" part confused me.
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  4. #4
    Distinguished Member Array Tally XD's Avatar
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    Quote Originally Posted by BRTCP88 View Post
    "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the
    premises, which portion of the establishment is primarily devoted to such purpose;"

    What does the above mean exactly? Can I carry when I go to Pizza hut? (serves alcohol but doesn't have a "bar" area.)
    Stated already but lets look at the law as written and break it down better so you can understand what it says and you should have no trouble in the future deciding where you can carry and where you cannot.

    "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, . . . .
    Many restaurants/establishments serve alcohol. Some have a separate bar area for drinking, some do not. These definitely serve alcohol for consumption and most serve at the tables as well, but, the law is conditional and below lets look at the condition.

    ;which portion of the establishment is primarily devoted to such purpose;
    Of these restaurants/establishments that serve alcohol there are those, again, that have a separate bar area that is basically, a bar. It is this area that is primarily devoted to alcohol sales. The rest of the establishment is not and serves a mix of all of their offered items/products.

    Now, Pizza hut is different in a way. They do not have a separate bar area but they do serve alcohol. So they fit the "serves alcohol for consumption" descriptor but, since they do not have a separate bar area for alcohol sales/consumption, the restaurant, as a whole, is not primarily devoted to the sales/consumption of alcohol as its primary purpose.

    This means you can carry while patronizing that establishment and even have a brew while you are sitting at their table (Florida allows this, check your states laws to see if you can legally drink while armed).

    Places such as night clubs and pubs that mainly sell alcohol/beer, but yet sell some food items such as sandwiches and burgers, do not fall into this same category. Their establishment primarily sells and serves alcohol, food sales is secondary in purpose even though they may have tables that are not at the bar area. Their entire establishment is primarily purposed for alcohol sales and consumption.
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    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by BRTCP88 View Post
    "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the
    premises, which portion of the establishment is primarily devoted to such purpose;"

    What does the above mean exactly? Can I carry when I go to Pizza hut? (serves alcohol but doesn't have a "bar" area.)
    You've already received your answer, but just know that Pizza Hut is anti-gun. When one of their drivers defended himself and shot his attackers, Pizza Hut fired the driver.

    I will no longer eat there.
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    Senior Member Array taseal's Avatar
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    Quote Originally Posted by Tally XD View Post
    This means you can carry while patronizing that establishment and even have a brew while you are sitting at their table (Florida allows this, check your states laws to see if you can legally drink while armed).
    Really? I didn't know that. I thought no alcohol if you carry...

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    Senior Member Array BRTCP88's Avatar
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    Quote Originally Posted by miklcolt45 View Post
    You've already received your answer, but just know that Pizza Hut is anti-gun. When one of their drivers defended himself and shot his attackers, Pizza Hut fired the driver.

    I will no longer eat there.
    Didn't know that. Unfortunately, my dad is addicted to it :P :D
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by miklcolt45 View Post
    You've already received your answer, but just know that Pizza Hut is anti-gun. When one of their drivers defended himself and shot his attackers, Pizza Hut fired the driver.

    I will no longer eat there.

    maybe for employees, but i open carry into the local pizza hut always
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  9. #9
    Distinguished Member Array Tally XD's Avatar
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    Quote Originally Posted by taseal View Post
    Really? I didn't know that. I thought no alcohol if you carry...
    No laws against it, however, it would likely play a factor if you were to have to use the gun and you had been drinking.

    Florida's laws that prevent carry in "bars" or those places described as "primarily devoted to alcohol consumption" is in place, more likely, because if they weren't they would conflict with the laws against carry in "places of nuisance". Bars and clubs, among a host of other places and some of which are very gray areas, are in the list of "places of nuisance" in Florida's statutes.

    It really has nothing to do with drinking while carrying.
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  10. #10
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    Quote Originally Posted by BRTCP88 View Post
    "any portion of an establishment licensed to dispense alcoholic beverages for consumption on the
    premises, which portion of the establishment is primarily devoted to such purpose;"

    What does the above mean exactly? Can I carry when I go to Pizza hut? (serves alcohol but doesn't have a "bar" area.)
    After all of the 'detailed' explanations above...YES! You can carry at Pizza Hut (all of FL is CC) and you'll be just fine.
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