Your Business and Open Carry; You Do Have a Choice

House Bill 910 allowing for an properly concealed license holder to carry a handgun to  in plain view in a public place if the handgun is carried in a shoulder or belt holster was passed and signed by the Governor this year. The legislation takes effect January 1, 2016.

So how does this affect your business?

While is it legal for a properly licensed person to open carry in public places, private business owners may prohibit carry on their premises under Penal Code 30.07 if:

  • Consent is not effectively given; and
  • Notice (oral or written) is given that entry on the property by a license holder openly carrying a handgun was forbidden.

What about alcoholic beverage establishments operating under TABC law regarding alcohol income over 50%? That does not change and the proper TABC require signage is still required (signs may be obtained at any TABC office). A firearm license holder that carries a handgun, either concealed or openly, commits an offense if he/she carries the handgun on the premises of a business that has a TABC permit or license and earns greater than 50% of their income from alcohol sales. 

What about notice for private retail businesses or food service establishments that do not sell over 50% alcohol and what to prohibit open carry? The safest bet is to post proper notice in English and Spanish, contrasting color letters in 1 inch height, front and center with this exact language:

“Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly”

For more information or to contact an attorney see THE IVY LAW FIRM webpage.

For more information contact the Texas Restaurant Association blog 

For a list of gun free businesses in Dallas see this LINK, or Texas see this LINK.

Share This:

TABC Compliance: Dram Shop Liability Loophole

Is your Bar or Restaurant taking advantage of the legal loophole to Dram Shop Liability?

I-Team: Legal loophole protects bars in DWI death cases | khou.com | khou.com Local News

Good article on Dram Shop liability at the link. The comments are actually decent and informative. The bottom line for any bar owner is to create the situation in your bar for the TABC Safe Harbor to be effective. The Ivy Law Firm can help you do that with careful TABC compliance education and planning, including online certification for each and every one of your servers.

The Ivy Law Firm, PC. Focusing on Alcoholic Beverage Licensing, TABC law and Business Law in DFW and Texas.

Contact me here or at janet@theivylawfirm.com with any questions or to set up a compliance system.

The Ivy Law Firm webpage

 

Share This: