Sniper, 30.06 posting and 51% posting are two totally different and separate parts of the law. Joe gives the cite correctly for a CHL holder's requirement to not carry in a 51% business. Notice the law does NOT say anything about signage or any defense to prosecution if the establishmnet is not posted. This is an issue that needs to be addressed by the legislature to remove ambiguity and confusion on the part of BOTH CHL-holders and business owners.
The posting requirements for 51% establishments aren't in the CHL handbook AFAIK. They are in the Government Code. ALL 51% establishments are required to post the signs. Quite often they are not posted correctly, or not posted at all. A call to the TABC will either get the improperly posted signs removed, or if it is a 51% establishment, posted in the correct location. Posted or not, the CHL-holder is responsible for not carrying in a 51% establishment.
From Texas Gov't Code:
§ 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).
(b) A hospital licensed under Chapter 241, Health and Safety
Code, or a nursing home licensed under Chapter 242, Health and
Safety Code, shall prominently display at each entrance to the
hospital or nursing home, as appropriate, a sign that complies with
the requirements of Subsection (c) other than the requirement that
the sign include on its face the number "51".
(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.
(d) A business that has a permit or license issued under the
Alcoholic Beverage Code and that is not required to display a sign
under this section may be required to display a sign under Section
11.041 or 61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food
and beverage certificate issued under the Alcoholic Beverage Code.
Added by Acts 1997, 75th Leg., ch. 165, § 10.01(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.16(a), eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 523, § 1, eff. June 18,
These laws (Beverage Code) are very convoluted and spread out in many places, but section (e), above, seems to make an inference that if there is a food and beverage permit in effect, that the establishment ISN'T a "51%" business. Another section of the code, below, provides for the monitoring of all on-premises businesses.
From Alcoholic Beverage Code:
§ 104.06. MONITORING OF GROSS RECEIPTS. (a) On the
issuance and renewal of a license or permit that allows on-premises
consumption of any alcoholic beverage the commission shall
determine whether the holder receives, or for the issuance of a
license or permit is to receive, 51 percent or more of the gross
receipts of the premises for which the license or permit is issued
from the holder's sale or service of alcoholic beverages for
(b) The commission shall:
(1) adopt rules for making a determination under
Subsection (a); and
(2) require a holder of a license or permit to provide
any information or document that the commission needs to make a
(c) If the commission makes a determination under
Subsection (a) that a holder of a license or permit receives 51
percent or more of the gross receipts of the premises from the sale
or service of alcoholic beverages, the holder shall comply with the
requirements of Section 411.204, Government Code, and shall
continue to comply with those requirements until the commission
determines that the holder receives less than 51 percent of the
gross receipts of the premises from the sale or service of alcoholic
beverages for on-premises consumption.
Added by Acts 1997, 75th Leg., ch. 1261, § 20, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.22, eff.
Sept. 1, 1999.
Going back to other sections and licensing rules, one finds that a food and beverage permit will be revoked if the business receives more than 50% of its gross receipts from alcohol sales. It seems to me that if the premises is primarily a food establishment that just happens to have a bar in it, it shouldn't have a "51%" sign. I'm not 100% certain on this, but I believe that if the bar was licensed as a separate premises any alcohol sold couldn't be taken out of the bar area. In that case, as long as the OP doesn't go into the bar area with his weapon he wouldn't be in violation of the law.
Here's a little on food & beverage permits from Beverage Code Chapter 28:
§ 28.18. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of a
mixed beverage permit may be issued a food and beverage certificate
by the commission if the gross receipts of mixed beverages sold by
the holder are 50 percent or less of the total gross receipts from
(b) An applicant or holder of a food and beverage
certificate shall have food service facilities for the preparation
and service of multiple entrees. The commission shall adopt rules
as necessary to assure that the holder of a food and beverage
certificate maintains food service on the premises for which a food
and beverage certificate has been issued.
(c) The fee for a food and beverage certificate shall be set
at a level sufficient to recover the cost of issuing the certificate
and administering this section.
(d) On receipt of an application for a renewal of a mixed
beverage permit by a holder who also holds a food and beverage
certificate, the commission shall request certification by the
comptroller to determine whether the holder is in compliance with
Subsection (a). In determining compliance with Subsection (a), the
comptroller shall compare the permittee's gross receipts tax
reports with the permittee's sales tax reports for the premises. If
the comptroller does not certify that the holder is in compliance
with Subsection (a), the commission may not renew the certificate.
(e) A certificate expires on the expiration of the primary
mixed beverage permit. A holder of a mixed beverage permit who is
denied renewal of a certificate may not apply for a new certificate
until the day after the first anniversary of the determination of
the comptroller under Subsection (d).
(f) Section 11.11 does not apply to the holder of a food and
Added by Acts 1995, 74th Leg., ch. 1060, § 6, eff. Aug. 28, 1995.
Amended by Acts 2001, 77th Leg., ch. 853, § 2, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1045, § 2, eff. Sept. 1, 2001.