"Confused...how is being inside a bar public, unless it is owned by the government."
The smoking bans have conveniently changed the definition of private property into public property. You can thank many FReepers for celebrating that change for this next logical step.
221 posted on
03/23/2006 5:30:37 AM PST by
CSM
(Lick a finger, politicize the wind, and place the finger into the wind. - EGPWS, 1/26/2006)
Inside a bar is considered a public place. If members of the public are allowed to go into an area, government representatives have the right to go into the area. For example, when I do fire code inspections, I have the legal right to enter, observe and cite any code violations in areas normally open to the public. I cannot enter the storage or office areas without the permission of the owner, though, without a warrant. On a practical basis, owners will not refuse permission. If they did, I would get a warrant. Judges will issue warrants for the purpose of fire inspection.
Additionally, selling liquor is not a "right" but a licensed activity, subject to regulation by the state. In order to get a permit to sell liquor, you must agree to abide by certain provisions. The entry of the TACB officers into the bar is not a constitutional issue (boy I'm going to get flamed for that). The issue is the absurdist way in which the law is being enforced.