Question about Guns and Liquor ...

[Annie]

The 51% is a thing in TX and is serious. I believe your best bet is don't consume any alcohol if you are carrying. You can beat the rap but you can't beat the ride.

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I do not disagree. I may or may not have carried in bars when I was living a life different than the one I have now. But nowadays I walk a pretty tight rope. I'm not exactly unarmed when I drink now when out at dinner. Grumpy is a tee-totaller and is always armed. Kinda nice to have a chauffeur/body guard in exchange for washing a dish now and again.

 

[Annie]

@Dave70968 Thanks man! Always apreciate your willingness to answer legal questions here! OSA is lucky to have you. You are one of the many posters who set this forum heads above the rest of the regional forums out there.

 

[Dave70968]

The 51% is a thing in TX and is serious. I believe your best bet is don't consume any alcohol if you are carrying. You can beat the rap but you can't beat the ride.

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It's also worth noting that, in Texas, such postings are mandatory, so you don't have to wonder whether the establishment is or is not prohibited. It's clear and unambiguous.

 

[CGS1]

I personally just dont carry in any establishment that serves any kind of alcohol whether it is beer or liquor. I have no way of knowing if they are at the 51% or 50% and I dont recall seeing a sign on any oklahoma business that also serves alcohol that says what % their alcohol sales are.
So I just 100% dont do it, just in case.
Thats my 2¢.

 

[NightShade]

The way I look at it is the places that have a notice that under 21 is no entry will be the standard. By the time it's over 50% of sales it will be quite a bit over. The ABLE commission allows up to 65% alcohol sales to still qualify for a restaurant with a "Bar" area but as long as you stay out of that area I don't see an issue as long as you are not consuming. If there is supposed to be some way to know if a place derives it's income from over 50% by alcohol sales the state and the establishment should have the burden to display and/or announce that. The only place where I would even worry about it is a place that is exempt as a Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or 3

Not to mention that unless an officer can sit down and go through the books of an establishment every single time there is an issue requiring contact to determine if they are above or below a certain point they will do nothing other than deal with the books which is the states job.


https://www.ok.gov/able/documents/10-1-18 T37A.pdf

37A §6-114. Age restrictions for premises with a lounge or bar area for selling or distributing alcoholic beverages—Admission charge in determining purpose—Exceptions A. 1. If the premises of a licensee of the ABLE Commission contains a separate or enclosed lounge or bar area, which has as its main purpose the sale or distribution of alcoholic beverages for on-premises consumption, notwithstanding that as an incidental service, meals or short order foods are made available therein, no person under twenty-one (21) years of age shall be admitted to such area, except for members of a musical band employed or hired as provided in paragraph 2 of Section 142 of this act when the band is to perform within such area, or persons under twenty-one (21) years of age who are on the licensed premises for the limited purpose of performing maintenance, construction, remodeling, painting or other similar services relating to the building or equipment installation, repair or maintenance on the premises during those hours when the licensed establishment is closed for business. The provisions of this section shall not prohibit persons under twenty-one (21) years of age from being admitted to an area which has as its main purpose some objective other than the sale or mixing or serving of alcoholic beverages, in which sales or serving of alcoholic beverages are incidental to the main purpose, as long as the persons under twenty-one (21) years of age are not sold or served alcoholic beverages. The incidental service of food in the bar area shall not exempt a licensee from the provisions of this section. The ABLE Commission shall have the authority to designate the portions of the premises of a licensee where persons under twenty-one (21) years of age shall not be admitted pursuant to this section. When determining a licensee’s main purpose, a licensee that operates a full kitchen, sells food items from a full menu, and has thirtyfive percent (35%) or more of its monthly gross sales attributable to food items, shall have as its main purpose other than the sale of alcoholic beverages. The main purpose of those mixed beverage establishments whose main purpose was other than the sale of alcoholic beverages prior to October 1, 2018, shall not automatically lose that designation upon the elimination of low-point beer in the state. If the ABLE Commission wishes to change said mixed beverage establishments’ main purpose designation, it shall be the burden of the ABLE Commission to prove by clear and convincing evidence that said mixed beverage establishments no longer qualify for that designation. 2. A new licensee that claims as its main purpose some objective other than the sale of alcoholic beverages may be granted a separate or enclosed lounge or bar area for a period of ninety (90) days. At the end of that ninety-day period, the licensee shall have the burden of showing that the business continues to qualify for a separate or enclosed bar area. If the licensee fails to satisfy this burden, then that licensee's main purpose shall automatically convert to the sale of alcoholic beverages. B. Except as otherwise provided, an admission charge shall not be considered in any calculation designed to determine the main purpose of an establishment pursuant to subsection A of this section. As used in this section, "admission charge" means any form of consideration received by an establishment from a person in order for that person to gain entrance into the establishment. C. The provisions of subsection B of this section shall not apply: 1. If only persons eighteen (18) years of age or older are permitted to enter the licensed premises; provided, if the licensee is claiming an exception from the requirements of subsection B of this section pursuant to this paragraph and fails to restrict the entry by persons under age eighteen (18) into the licensed premises, the ABLE Commission shall designate that only persons twenty-one (21) years of age or older are allowed on the licensed premises; 2. If the licensed premises are owned or operated by a service organization or fraternal establishment which is exempt under Section 501(c)(19), (8), or (10) of the Internal Revenue Code; or 3. To a public event held in a facility owned or operated by any agency, political subdivision or public trust of this state. D. The ABLE Commission shall promulgate rules necessary to implement the provisions of this section.

 

[steelfingers]

On the subject of guns and liqueur. Don't confuse having a shot and having been shot.

 

[tRidiot]

I personally just dont carry in any establishment that serves any kind of alcohol whether it is beer or liquor. I have no way of knowing if they are at the 51% or 50% and I dont recall seeing a sign on any oklahoma business that also serves alcohol that says what % their alcohol sales are.
So I just 100% dont do it, just in case.
Thats my 2¢.

The way I see it, it's not my responsibility to evaluate the percentage of sales Chili's or Red Lobster have in liquor vs. food. No way in hell a jury is going to convict you from carrying in a restaurant.

Carrying in a strip club that serves wings, or in the bar section of a restaurant (marked 21 and over) is maybe a different story.

I used to leave my carry weapon in the car when I went out to dinner. I don't anymore, if I need to defend myself, it is much more likely to be in a dumbass zone in public than it is in my own home, probably. I just live my life. Law doesn't say I can't have a single beer while carrying, it's ambiguous about ETOH use. Of course, being drunk while carrying in public is a bad idea - but I also don't shy away from having a weapon at hand at home when I'm consuming whatever-the-hell-I-want-that-is-legal, either.

Dumbasses gonna be dumbasses. I'm gonna live my life.

 

[NightShade]

Not to mention that there are still shootings at restaurant's with bars. Case in point https://www.cnn.com/2018/05/24/us/oklahoma-city-shooting/index.html the good shoot at Louie's Bar and Grill.

I would rather shoot the guy and be judged by twelve than carried by six.

 

[CHenry]

@Dave70968 You are one of the many posters who set this forum heads above the rest of the regional forums out there.

I thought that was me?

 

[CHenry]

Not to mention that there are still shootings at restaurant's with bars. Case in point https://www.cnn.com/2018/05/24/us/oklahoma-city-shooting/index.html the good shoot at Louie's Bar and Grill.

I would rather shoot the guy and be judged by twelve than carried by six.

I'm actually the one who asked Patti about this. I carry in a particular restraunt with a bar in it.
I'm here now watching football and carrying conceiled (winter attire). And I've had a few beers.
Zip zip
Flame suit on