Texas-Book-Gun Law Armed And Educated - Flipbook - Page 277
both license holders and constitutional carriers universally. Primary
among them—51% signs and 46.03 signs.
51% sign
If an establishment sells alcohol for on-premises consumption and
receives 51% or more of its income from alcohol sales, it must
display a 51% sign to legally give notice to all persons that the
place is prohibited. However, only license holders are provided
relief from criminal liability under Texas Penal Code Section
46.15(p) if the establishment does not provide effective notice
by posting signage in compliance with Texas Government Code
Section 411.204. To make matters worse, unlawfully carrying into
a 51% establishment is a felony of the third degree.
As mentioned in the previous chapter, constitutional carriers
beware! Although LTC holders require the presence of a 51%
sign to receive notice that a place is a 51% establishment,
constitutional carriers do not need to see a 51% sign to be in
violation of carrying in a prohibited place. Meaning, constitutional
carriers can be held responsible if they do not magically divine
whether a place receives 51% or more of its income from the sale
of alcohol for consumption on premises. See Tex. Penal Code
§ 46.15(p).
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