(a) Gun Shows. A license or permit holder may use or allow a portion of the grounds, buildings, vehicles, and appurtenances of the licensed or permitted premises for the use of gun shows if the license or permit holder:
  (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 or permitted 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-Premises Retailers. The holder of a retail dealer's off-premises license, a wine and malt beverage retailer's off-premises permit, a wine only package store permit, or package store permit may allow the sale or offer for sale firearms at the licensed or permitted 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-Premises Possession of Firearms. Firearms may be possessed on premises licensed for on-premises consumption if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption only if:
  (1) the firearm is lawfully in the possession of the permittee/licensee or another person controlling the premises;
  (2) the firearm is:
    (A) possessed for ceremonial and/or display purposes;
    (B) disabled from use as a firearm while on the licensed premises;
    (C) is possessed on the licensed premises in connection with charitable fundraising; and
    (D) remains in the possession, control, or supervision of person or persons acting on behalf of the charitable organization sponsoring the fundraising activity;
  (3) firearms are used in a historical reenactment pursuant to §11.61(i) of the Texas Alcoholic Beverage Code and:
    (A) the firearms are of the type, caliber, or gauge common to the era and event being reenacted;
    (B) 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;
    (C) 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;
    (D) such firearms are handled in a safe manner so as to present no threat of injury to audience members or others because of discharge or other use;
    (E) persons engaged in reenactments 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;
    (F) the permittee adopts safety rules to be employed during the reenactment and such rules are read and signed by all employees of the permit holder involved in the reenactment prior to the beginning of the event; and
    (G) the permittee provides the relevant Commission Regional Office notice of the reenactment at least three business days before the event.

Source Note: The provisions of this §35.4 adopted to be effective June 6, 2022, 47 TexReg 3244