Part 3.
TEXAS ALCOHOLIC BEVERAGE COMMISSION
Chapter 36.
GUN REGULATION
16 TAC §36.1
The Texas Alcoholic Beverage Commission adopts amendments
to §36.1, relating to possession of firearms on premises licensed under
the Alcoholic Beverage Code, with changes to the text as originally published
in the June 16, 2006, issue of the
Texas Register
(31 TexReg 4824).
The possession of firearms on premises licensed to sell alcoholic beverages
is regulated by statute and rule.
Alcoholic Beverage
Code §§11.61(e), (f); 61.71(f), (g); 16 TAC §36.1.
The
Code was amended to require the commission to amend its rule so as to allow
the possession of firearms on a licensed premises during a "historical reenactment."
New subsection (d) of the rule states the conditions under which historical
reenactments using firearms may be conducted on licensed premises. These conditions
are calculated to allow legitimate historical reenactments while protecting
the safety and welfare of others. Subsection (d)(7) was added by the commission
during the adoption hearing and was not originally published in the
No comments were received regarding this proposal.
This amendments are adopted pursuant to Alcoholic Beverage Code §5.31
and §11.61(i), which give the commission the authority to adopt rules
necessary to carry out the provisions of the Alcoholic Beverage Code and to
adopt rules regarding historical reenactments on licensed premises specifically.
Cross Reference: Section 11.61(i) of the Alcoholic Beverage Code is affected
by the amendments.
§36.1.Possession and Sale of Firearms on Licensed Premises.
(a)
Gun Shows. A permittee/licensee may use or allow a portion
of the grounds, buildings, vehicles and appurtenances of the licensed premises
for the use of gun shows if the permittee/licensee:
(1)
suspends all sales, complimentary offers and consumption
of all alcoholic beverages during the gun show including time required for
preparation or set-up and dismantling of the gun show; and
(2)
operates its licensed premises at a facility regularly
used for special functions, directly or indirectly, under a lease, concession
or similar agreement from a governmental entity or legally formed and duly
recognized civic, religious, charitable, fraternal or veterans organization.
(b)
Off-Premise Retailers and Gun Sales. The holder of a retail
dealer's off-premise license, a wine and beer retail dealer's off-premise
permit, a wine only package store or package store permit may allow the sale
or offer for sale firearms at the licensed location if:
(1)
alcoholic beverages are not being displayed or sold in
any area where firearms are readily accessible or can be viewed; and
(2)
the firearms are secure from the general public and are
only accessible by employees of the person or entity offering the firearms
for sale.
(c)
On-Premise Possession of Firearms. The holder of a permit
or license allowing on-premise consumption of alcoholic beverages may possess
firearms on the licensed premise if the firearms are:
(1)
possessed by the permittee/licensee as defined in the Texas
Alcoholic Beverage Code, §1.04(11) and (16); or
(2)
possessed for ceremonial and/or display purposes, if such
firearm is disabled from use as a firearm.
(d)
Historical Reenactments. Pursuant to §11.61(i) of
the Texas Alcoholic Beverage Code, a historical reenactment utilizing firearms
maybe conducted on the premises of a permit or license if:
(1)
the firearms are of the type, caliber, or gauge common
to the era and event being reenacted;
(2)
such firearms remain in the possession of members of the
cast, production company, employees of the permit holder, or others directly
involved in the reenactment and are not left unattended or accessible to unauthorized
persons at all times such firearms are on the licensed premises;
(3)
such firearms remain unloaded at all times while on the
licensed premises except that the firearms may be loaded with blank ammunition
firing no projectile;
(4)
such firearms shall be handled in a safe manner so as to
present no threat of injury to audience members or others because of discharge
or other use;
(5)
persons engaged in reenactments shall maintain a minimum
of 15 feet intervals between those armed with pistols and all others, and
40 feet between those armed with shotguns and all others;
(6)
the permittee shall adopt safety rules to be employed during
the reenactment and such rules shall be read and signed by all employees of
the permit holder involved in the reenactment prior to the beginning of the
event; and
(7)
the permittee provides the relevant Commission District
Office or outpost notice of the reenactment at least three business days before
the event.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on August 2, 2006.
TRD-200604020
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: August 22, 2006
Proposal publication date: June 16, 2006
For further information, please call: (512) 206-3204
Subchapter E. MISCELLANEOUS
Chapter 45.
MARKETING PRACTICES