Can Restaurants Post a 51% sign to prevent CHL holders from carrying?

I received a call today from a CHL holder asking me about a restaurant that he went to which had a 51% sign displayed.   He was concerned that the sign was posted when the establishment did not get 51% of its sales from alcohol.

As Texas CHLs know, it is an offense in Texas for a CHL holder to carry into an establishment with a conspicuously displayed 51% sign denoting that the establishment derives more than 51% of its revenue from the sale of alcohol.

My first response is that you’d be surprised how many establishments that you wouldn’t think make that much of their revenue from alcohol sales actually do.  HOWEVER, if you want to report a restaurant posting a 51% sign just to preclude CHL holders from carrying in an establishment, you can report the alleged violation to the Texas Alcoholic Beverage Commission (TABC) by calling 888-THE-TABC.

Keep in mind that a private property owner can prevent law abiding CHL holders from carrying in their establishment, but they can’t do it by posting a 51% sign without being instructed to do so by the TABC.   And of course, if the establishment owner does post such signs, the CHL holder can go spend his or her money elsewhere.

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