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chasfm11 wrote: Keith, would suggest two points.

1. This problem covers a lot of things that happen across our State. From Western Days in Lewisville where they put fence up around the whole downtown area and then hang the 51% signs to Bass Hall in Ft. Worth with the small wine vendor forces the building to be 51%.

2. The problem does not require Legislation to fix the "loophole", just administrative action by TABC. They are playing ostrich to the facts of the venues involved, allowing them to misrepresent the real situations. If similar sim-representations were made on the license applications for typical bars or restaurants that serve alcohol, TABC would have pulled their license. Using the Bass Hall logic, Chili's (and many others) could submit the license request for their bar area.

The difference is that Chili's won't - because it might impact their customer's opinions. With the governmental entities, they don't care about the customer opinions. "If you don't like our rules - don't come to our event" I realize that TABC is not empowered to enforce TPC but they shouldn't allow themselves to be used to thwart it either.

Many people seem to believe that this is purposely done when the venue applies for their license to prevent someone from entering with a concealed handgun. I don't (most times).

When concealed carry went into affect the TABC went with the 51% rule added to determine what was a 'bar'. The 'GUN SIGN' was added to allow people to determine if licensed carry in those places legal or not. When a license is issued they must submit a drawing of the area they intend to allow alcohol to be consumed in. That will normally include the whole building and patios and may even contain parking lot areas. A location will normally have only one license, so if they have a food and beverage vendor contracted to provide those services, they are the one that applies for the license, not the venue. If their sales of alcohol are more than 51% of their revenue, and they allow alcohol in the whole venue, then the whole place goes off limits.

In your suggestion about Chili's, if you only requested the bar area, then no one could have alcohol at their table in the restaurant area, and that would kill their business. In Chili's case they actually hold the liquor license, so the location is NOT 51% as they sell more food by dollar than alcohol.

The rub comes in with vendors for the most part, as stated above. This throws a real quandary when festival;s allow alcohol sales. When a vendor applies for a license, they will request the whole festival area to allow alcohol to be drank. if they sell predominantly alcohol, then they will be 51% and the whole place will be off limits. In this case there may be multiple vendors, and common areas will be covered by all vendors. This would also include food and other types of non-alcohol sales. However, trying to determine what the revenue take for the other vendors vs. just alcohol vendors is not something TABC could easily do as those 'other types' of vendors don't report their projected sales to TABC.

Anyway, bottom line, as you said, TABC could make an administrative change to change their method of determining the off-limits area, but that wouldn't fix TPC that prohibits carry in those locations. The best bet is to remove the prohibition of carrying into a 'bar' from TPC and enforce the code on carrying while intoxicated.

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