Florida Question

[7shooter]

I've been reading Mas Ayoob's new book ( great book BTW ) and saw that it is legal in Fl to carry with a permit in restaurants that serve alcohol but not in establishments that have food but make most of their money from alcohol sales. How can a person know which establishment is which without bringing an accountant along to evaluate the books before entering ? Also, how about off sale liquor stores ? It's -30 with the wind chill where I am today so please rush your answers.

 

[7shooter]

I've been reading Mas Ayoob's new book ( great book BTW ) and saw that it is legal in Fl to carry with a permit in restaurants that serve alcohol but not in establishments that have food but make most of their money from alcohol sales. How can a person know which establishment is which without bringing an accountant along to evaluate the books before entering ? Also, how about off sale liquor stores ? It's -30 with the wind chill where I am today so please rush your answers.

 

[flop-shank]

We have the same thing in Michigan, and it does seem silly until you get used to it. I use my common sense. If it's more of a family dining type place, I'll go in. You know, the kind of place where mom and dad bring the kids for dinner, mom has two glasses of wine, dad has a beer and as just as often the couple at the next table aren't drinking at all. One question you can ask yourself is, "Do I consider this place a bar"? Another is, "Is this the type of place that I wouldn't be surprised to see people drinking, getting loud, unruly and perhaps getting in fights"? When in doubt, stay out!

I don't know about Florida liquor stores. I won't go in one in Michigan unarmed.

Also remember that concealed is concealed. I go in a local resteraunt that serves alcohol all the time wearing a 5" .44 magnum, a gun in each front pocket and no one is the wiser. Dress around the gun, conduct yourself well at all times and avoid trouble.

 

[retdep]

I spent 28 years as a Fla LEO. If you feel the place is a "bar," someplace you wouldn't take your kids for dinner, then it probably is. Legally, I believe if the establishment receives over half its income from food, it is a restaurant. If in doubt, ask the manager if he has a restaurant or bar license. You can do that by phone beforehand, tell him/her you want to take your elderly parents out to dinner and they don't go in bars!

Wherever you go, do not drink alcohol if they serve it, even in an upscale restaurant while armed! If the establishment has a separate bar section, like a Chilis or Applebees, etc, eat in the main food area. If you are carrying concealed there should be no issues anyway. As long as you are law abiding, all Fla cops I know have no problem with legally armed citizens. In fact, most of our spouses have CWPs.

 

[straightshooter1]

retdep has it right. FWIW, I don't believe we ever prosecuted anyone for having a gun in a bar when they had their CCW in the TampaBay area, but all things are possible.

His advice about Applebees, etc. is correct. Just stay out of the bar, stay in the "restaurant' area and you will be fine.

Bob

 

[bk43]

All correct. To paraphrase the law it says a place or portion of a place whose primary business is to dispense alchoholic beverages for consumtion on the premises. I look at it this way, if going out to eat no problem but if going out to party leave the gun at home or in the car.

Bob

 

[7shooter]

Thanks all for the information. Since I am the " elderly parent " I'm not sure if I can pull off that ruse. I go to Miami amd the Keys a couple of times a year and don't carry if I am going to have a drink but often do not drink alcohol and wondered what the law really meant. Also, do you know if it is legal to carry in an off sale liquor store ?

 

[7shooter]

BK43 just answered my question . Again thanks all.

 

[Chubbs103]

I think it is a great "reasonable man" approach. It allows me and the wife to go have a nice dinner and not worry about how to legally carry. I just make the decision early: if I'm going to carry I don't drink; if I'm going to have a beer or a glass of wine I leave the gun at home.

 

[Danny33486]

As a rule you can smoke in a bar not in a restaurant(some exceptions). If in a place that has a bar, like chillies you are not supposed to go into the "bar" area if you are carrying.

 

[starbuck]

I have always been of the opinion that people with a CCW permit are logical, straight thinking people that can pretty much feel if what they are doing is right or wrong.

 

[GatorFarmer]

Michigan has some interesting spots - for example East Lansing had a rule that many places that you'd think were "bars" technically couldn't be a "bar" and be in business in the city limits. Thus they'd cook their books, bribe the cops, etc and supposedly come out to where 51 percent of the revenue was coming from food. Corruption. It's a beautiful thing.

Here in VA, you're not supposed to carry concealed anywhere that serves alcohol by the glass. (Which is interesting as sometimes there are free wine samples at the supermarket.) However, open carry in these same spots would be legal - be it the pizza place that serves beer or an out and out drinking hole. The owners can of course ask you to leave if they wanted.

Easiest way to deal with the law? Either ignore it or get used to eating at Cracker Barrel.

 

[Jkwas]

Most of the garden variety restaurants here in Florida, Chilis, Marcaroni grille, Olive Garden etc. have seperate "bar areas". You can carry in the restaurant, but are not allowed to go to the bar. You can be served alchohol at your table. Even a lot of the sports bars in our area have sections that are solely for dining. They get a lot of business from underage customers and it allows them to make money off the food sales.

 

[TDR911]

Correct. Stay out of the bar areas and in the restaurant seating area.