16 TAC §36.1
The Texas Alcoholic Beverage Commission proposes amendments
to §36.1, relating to the possession of firearms on premises licensed
under the Texas Alcoholic Beverage Code. The proposed amendments regulate
possession and use of firearms during historical reenactments on licensed
premises.
Lou Bright, General Counsel, has determined that for the first five years
the rule is in effect there will be no fiscal implications for members of
state or local government as a result of enforcing the amended rule. There
is no anticipated fiscal impact on small businesses or persons.
Lou Bright has also determined that for the first five years the rule is
in effect the public will benefit from these amendments in that historical
reenactments using firearms will be permitted under conditions that pose no
threat to the public safety.
Comments may be addressed to Lou Bright, General Counsel, Texas Alcoholic
Beverage Commission, P.O. Box 13127, Austin, Texas 78711.
This amendment is proposed under the authority of §5.31
and §11.61(i) of the Texas Alcoholic Beverage Code, which gives the commission
the authority to prescribe and publish rules necessary to carry out the provisions
of the Texas Alcoholic Beverage Code.
Cross Reference: Section 11.61(i) of the Texas Alcoholic Beverage Code
is affected by this amendment.
§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; and
(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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 2, 2006.
TRD-200603021
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: July 16, 2006
For further information, please call: (512) 206-3204