Friday, August 9, 2013
I Saw the Sign
Lately, I've noticed many local drinking establishments that are failing to comply with the requirements set forth in the Texas Government Code regarding notice about the carrying of weapons on the premise. Section 411.204 of the Texas government Code, in relevant part, reads as follows:
§ 411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(a) A business that has a permit or license issued under Chapter 25, 28,
32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent
or more of its income from the sale of alcoholic beverages for
on-premises consumption as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises
a sign that complies with the requirements of Subsection (c). (emphasis added). ...
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person licensed under this subchapter to carry a handgun on the
premises. The sign must appear in contrasting colors with block
letters at least one inch in height and must include on its face the
number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible
to the public.
I cannot count the number of times I have been to a bar/restaurant only to observe said establishment has not satisfied the aforementioned notice requirements. For example, I have seen the 51% sign only posted in English, I have seen the sign lacking "contrasting colors," printed in non "block letters" and I've also seen the sign with letters less than "one inch in height." Worse than that however, are the establishments that have their 51% posted about as far from "each entrance" as possbile, in a location that is neither "conspicuous" nor "clearly visable to the public."
Any one of the above errors constitutes insufficent notice to the carrier of a concealed handgun. For those of you whom own or operate bars/resturants in Texas, you might want to double check your place of business to ensure you are adhereing to the proper notice requirements.
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