Texas 51% sign question

This is a discussion on Texas 51% sign question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; As I understand the law for the 51% sign, it is for business that make 51% or more of their profit from sale and onsite ...

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Thread: Texas 51% sign question

  1. #1
    Member Array NJB's Avatar
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    Texas 51% sign question

    As I understand the law for the 51% sign, it is for business that make 51% or more of their profit from sale and onsite consumption of alcohol.

    There is a small gas station right by my house that has a 51% sign, and directly below it they have a sign saying it is illegal to consume alcohol on the property. I tried explaing the 51% sign and contradiction to them, and they didn't understand it.

    Any idea the legality of this particular 51% sign? As in do I not carry there, or ignore it because they clearly are not a 51% business, or am I completely wrong with the 51% law?

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  3. #2
    New Member Array BaylorGoat's Avatar
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    I don't think it is possible that a gas station sells 51% of its profit from alcohol.

    That being said you can check to see if their sign is legal. I can't remember the name of the site off the top of my head but i bet there is a link to it somewhere on the TABC site.

    Edit maybe this: http://www.tabc.state.tx.us/PublicInquiry/Status.aspx

  4. #3
    VIP Member Array farronwolf's Avatar
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    Well if you look at the statutes for the 51% sign it is for a specific alcohol license. If it is a gas station or convenience store that sells beer, then they have the wrong sign up. They should have a 30.06 sign if they want to prohibit concealed carry.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    VIP Member Array farronwolf's Avatar
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    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

    (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, 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;

    I believe that a store that sells packaged for off premisis consumption has a permit issued under chapter 26 of the ABC code.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  6. #5
    Member Array NJB's Avatar
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    Thanks I will make an inquiry with the TABC. Hate not being able to carry there since it is a short walk from the house.

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    Member Array Smokewagon's Avatar
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    The 51% sign isn't valid in that situation. If you contact TABC, they will have the station operator remove that sign. Most likely they will educate them on the proper signage. Just hope they don't get one.
    "How a politician stands on the Second Amendment tells you how he or she views you as an individual... as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded, controlled, supervised, and taken care of." -- Rep. Suzanna Gratia Hupp (TX)

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    I wouldn't say a word to anyone...keep it legally concealed and go on about with your business.
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  9. #8
    VIP Member Array rodc13's Avatar
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    Yep, as has been said, the 51% sign only applies to alcohol sold for consumption on the the premises. Obviously not the case for the gas station since it's not legal to consume any alcohol on the premises.

    I agree with retsupt99: Whenever you notice an illegal/non-compliant sign, say nothing. Why help them post a proper CCW prohibition notice?
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    Member Array KimBobTex's Avatar
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    The Texas 51% sign has to do with restaurants & bars where alchyhol is served & consumed on premises, & to identify if that establishment's income is derived more (51% or more) from booze (a bar) than food (a restaurant).

    Example, Chili's serves food & booze, but more of their total income is from food than booze, so Texas CHL is legal there, just don't partake in the booze. Then take Joe's Pool Hall with a food menu consisting of pretzels & nuts with non-stop flowing beer taps, they are likely to have more than 51% of their total income from booze & less from food. They are a bar & must post a 51% sign, & therefore Texas CHL would be illegal at that extablishment, even if you don't drink.

    The 51% does not apply to beer & liquor retailers, such as convenience quick stop stores, liquor stores, gas station food marts, etc., that by law must prohibit on-site consumption of your purchase, like the gas station you're referencing. Texas CHL is permitted at these restailers as long as 30.06 is not posted.

    If you don't see a 30.06 at your gas station, you're good to carry there. They have a complete misunderstanding of the 51% sign, it does not apply to them.

  11. #10
    Member Array DropTop's Avatar
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    i agree with not taking anymore action about the wrong sign. that will only get them to put up the 30.06 sign and you won't be able to carry there then. you tried once, that is enough.

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    contact TABC, they need to know and they will correct the situation
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    Distinguished Member Array Rexster's Avatar
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    Quote Originally Posted by BaylorGoat View Post
    I don't think it is possible that a gas station sells 51% of its profit from alcohol.

    That being said you can check to see if their sign is legal. I can't remember the name of the site off the top of my head but i bet there is a link to it somewhere on the TABC site.

    Edit maybe this: Texas Alcoholic Beverage Commission
    When our enemies make a mistake, SILENTLY rejoice. Why provide aid and comfort to the enemies of the 2nd Amendement?

    Edited to add: Just to be clear, I am not saying that TABC is the enemy here.
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    New Member Array 83v45magna's Avatar
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    What he said...

    To quote Napoleon:
    Never interrupt your enemy while he is making a mistake.
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    And who, pray tell, recorded that quote for eternity?
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  16. #15
    New Member Array wmzjr's Avatar
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    Wonder how they even got the 51% sign? If I am not mistaken, they must get them from the state?? Or get them from your local Honky Tonk.

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