$show['member'] gets set to true if a member is logged in, and it'll be false if it's a guest viewing the page. So you can use it in a template condition to change what guests see vs. members.
That probably is a better way to go in general, unless you actually wanted to know if the notice was displayed or not (as opposed to whether or not the user is a guest). But I think if the notice is persistent it amounts to the same thing (oh..ah, unless it's dismissible).
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