Comedy clubs Florida off limits or not?

Discussion in 'Carry Issues' started by Dalton Wayne, Jan 23, 2010.

  1. Dalton Wayne

    Dalton Wayne Epic mustache Millennium Member

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    My son want's us to go to the comedy club with him in a few weeks, they do serve alcohol but there is not a bar per say I am assuming this would be off limits there is no food served but the majority of the income is from admission's not drinks what say you.
    Regards
    DW
     
  2. Monotonous ONE

    Monotonous ONE

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    Im not sure of the legality.

    I would say that since it is a place where people gather...it would be off limits.


    Having said that...i carried in a comedy club recently. They make way more money off of ticket sales than alcohol and even with a 2 drink minimum...i didnt drink any alcohol.


    Basically...conceal well and no one will ever know/care
     

  3. rvrctyrngr

    rvrctyrngr Senior Moment

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    Florida doesn't have a 'gathering' statute.

    The issue is if the establishment is primarily devoted to the sale of alcohol for consumption on the premises...as opposed to a 'restaurant' with a designated 'bar' area.
     
  4. steveksux

    steveksux Massive Member

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    If a Florida bar that has a band with a cover charge would be off limits, don't see how a comedy club that serves alcohol would be any different.

    I'd be concerned about getting caught in there.

    Randy
     
  5. roy hobbs

    roy hobbs Infidel

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  6. Truffle8Shuffle

    Truffle8Shuffle

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    http://licgweb.doacs.state.fl.us/weapons/possession.html

    Possession Restrictions
    The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list. The places marked by an asterisk (*) may have exceptions or additional restrictions. See Section 790.06 (12), Florida Statutes for a complete listing.

    any place of nuisance as defined in s. 823.05
    any police, sheriff, or highway patrol station
    any detention facility, prison, or jail; any courthouse
    any courtroom*
    any polling place
    any meeting of the governing body of a county, public school district, municipality, or special district
    any meeting of the Legislature or a committee thereof
    any school, college, or professional athletic event not related to firearms
    any school administration building
    any portion of an establishment licensed to dispense alcoholic beverages for consumption, which portion of the establishment is primarily devoted to such purpose
    any elementary or secondary school facility
    any area technical center
    any college or university facility*
    inside the passenger terminal and sterile area of any airport*
    any place where the carrying of firearms is prohibited by federal law


    This is why I hate our law dealing with carrying in bars/places that serve booze. I can go to a restaurant, sit outside the bar area, and have a couple drinks while carrying but I cannot sit at the bar and not have a drink.

    As far as the comedy club is concerned, I would not think it falls under anything listed as prohibited as stated above from the state's website. However, I am not a lawyer. :dunno:
     
  7. Gallium

    Gallium CLM

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    aren't you a retired cop?


    'Drew
     
  8. Adjuster

    Adjuster

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    A comedy club makes its money off liquor and food sales. Not the price of admission. The ticket price goes to the entertainment.
     
  9. brboyer

    brboyer

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    Income is irrelevant. Nothing in Florida's laws say anything about money.

    It's an entertainment venue, like a concert, movie theater, etc. If the club has a bar, don't go sit at the bar.
     
  10. Misty02

    Misty02

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    I’m curious as to what the answer would be on this one too. <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:eek:ffice:smarttags" /><st1:City w:st="on"><st1:place w:st="on">Dalton</st1:place></st1:City> mentions there is no food served. If the statute reads:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
    <o:p></o:p>
    <o:p></o:p>
    790.06 <o:p></o:p>
    ……any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;<o:p></o:p>
    <o:p></o:p>
    Wouldn’t this entire establishment fall under the definition above?<o:p></o:p>
    <o:p></o:p>
    .
     
  11. tadbart

    tadbart duuuuude.

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    i dunno. i don't think so. it is primarily a comedy club that happens to serve ETOH. i'd carry, concealed very well.
     
  12. Jon_R

    Jon_R

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    I agree if it is a comedy club then that portion of the establishment is primarily devoted to hosting comedians performing their craft not to serving alcohol for on-site consumption. How they make their money is not part of the statute.
     
  13. Misty02

    Misty02

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    I haven’t gone to a comedy club in many years so I have had no need to research this one. I have no clue, at the moment, what the right answer would be. I thought the statute was clear because I only applied the wording to places I frequented after getting my license, restaurants. The bar section is primarily devoted for such purpose, even if you have no intention to have a drink, you still cannot sit in that section while carrying. The entire restaurant is not painted with the same brush, % of receipts from food vs. liquor don’t come into play.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
    <o:p></o:p>
    For some reason, in my mind, the type of club <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:eek:ffice:smarttags" /><st1:City w:st="on"><st1:place w:st="on">Dalton</st1:place></st1:City> mentions (no food) leads me to believe that the portion where patrons would sit to view the show could be considered a bar. It is a portion of the establishment licensed to dispense alcoholic beverages for consumption on the premises.<o:p></o:p>
    <o:p></o:p>
    Wouldn’t the portion of the establishment primarily devoted to hosting comedians performing their craft be just the stage section? Does entertainment, in this case, take the place of food at a restaurant?<o:p></o:p>
    <o:p></o:p>
    Not sure if you’re saying that in this case it would be ok to carry? I’ve learned a lot from your posts in the past and been able to re-read the statute to confirm what you’ve stated. I’m stuck on this one and can’t seem to see it as clear.<o:p></o:p>

    .
     
  14. Dandapani

    Dandapani

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    In most FL restaurants there's a low "wall" around the bar area. Stay out of that area and you are golden. No "bar area", then the entire venue is a bar. Stay out of the bar.
     
  15. Dalton Wayne

    Dalton Wayne Epic mustache Millennium Member

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    20 years ago in Michigan
    Lot of things change in twenty years
    Regards
    DW
     
  16. Truffle8Shuffle

    Truffle8Shuffle

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    Can you not get covered under LEOSA? Would that make a difference for you in this situation?
     
  17. Jon_R

    Jon_R

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    I am not certain it is ok but until someone gets charged with a crime and it goes before the court which allows the court to offer a legal finding which sets precedence we will just have to be a guess. Maybe the OP can be the test case. :)

    Overall I would find it unlikely that a CWP holder in FL would ever be charged with the crime of carrying in anything on the fringe of being a "bar" as the only charge. With the statute being the way it is very vague it just would not be worth a prosecutors time to pursue it. If the CWP holder did lots of other bad / stupid things the carry charge might get tacked onto the other charges to later be dropped as part of a plea bargain.

     
  18. Misty02

    Misty02

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    I get it! :) I’m not willing to be the test case either. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
    <o:p></o:p>
    I did a google search to see what else I could learn about it. <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:eek:ffice:smarttags" /><st1:City w:st="on"><st1:place w:st="on">Dalton</st1:place></st1:City> has the same inquiry posted in Florida Concealed Carry. Seems some share the same doubts we have. <o:p></o:p>
    <o:p></o:p>
    http://floridaconcealedcarry.com/Forum/showthread.php?p=108365<o:p></o:p>
    <o:p></o:p>
    I followed about 10 additional pages worth of google without finding any real information on the subject.<o:p></o:p>
    <o:p></o:p>
    Since this is my primary site for information, <st1:City w:st="on"><st1:place w:st="on">Dalton</st1:place></st1:City>, would you mind terribly letting us know what you find out? I’m curious.
    .<o:p></o:p>