Considering A Dram Shop Case Against Rowdy Beaver? Here's What You Need To Know
For three decades, I've been holding bars accountable for over-serving alcohol. In the hundreds of cases I've handled, I've seen just how widespread irresponsible alcohol service is, as well as the tragedies that often follow in its wake. While people might see or hear about drunk driving accidents from time to time, rarely do they hear about the role that reckless bars play in those accidents. In order to draw more attention to this issue, I dedicate a portion of my time to investigating the Texas Alcoholic Beverage Commission's complaint records and reporting my findings here on my website. If you believe you may have a dram shop claim, please call my office at (855) 326-0000.
Rowdy Beaver is a bar located in El Paso, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2019 and 2020 alone, authorities conducted three separate investigations into the bar's alcohol service practices.
In my experience, it's uncommon for a bar without a history of run-ins with the TABC to end up on the hook for contributing to a wrongful death or injury. Virtually every bar I have ever sued was already on the authorities' radar. That's why I pay close attention to bars with several recent complaints against them. The more investigations a bar has had, the greater my concern is that it could one day contribute to an accident.
Note: Investigations are not proof of wrongdoing. However, if authorities investigate and fail to find evidence of a violation, it doesn't necessarily mean an establishment is innocent, either. The purpose of this article is simply to relay publicly-available information about incidents where the TABC has investigated Rowdy Beaver for possible criminal or administrative violations.
TABC Investigations of Rowdy Beaver Between 2019 and 2020
El Paso - 9740 Dyer St Suite 103
Allegations:
On 06/27/2019, a concerned citizen filed a complaint with the TABC, alleging that the bar permitted a minor to possess or consume alcohol.
Authorities looked into the matter shortly thereafter. For most liquor law violations, the TABC requires either video footage of the incident or eyewitness testimony from one of its agents in order to take action. Having neither in this investigation, authorities decided to close the case on 10/08/2019.
Law enforcement contacted the TABC on 11/01/2019, claiming that staff was drinking on the job. This type of allegation is more serious than it might appear on the surface. Staff has a legal obligation to stop serving alcohol to patrons who exhibit signs of being dangerously intoxicated. If staff is drinking, its ability to judge when to cut off service is impaired.
Upon investigation, authorities found evidence that the bar had sold alcohol to an intoxicated patron, which they classified as both a criminal and administrative violation. After choosing not to hand down any punishment, the TABC closed the case on 11/13/2019.
The TABC received an anonymous complaint on 03/04/2020, alleging that a breach of the peace (typically a fight) occurred, which the bar failed to report (a separate violation in itself). Additionally, the complaint alleged that the bar sold alcohol to a drunk customer.
The ensuing investigation was only able to confirm that the bar failed to report a breach of the peace. After issuing the bar a written warning, the TABC concluded its work on the case on 04/28/2020.
Texas Law Says Accident Victims Can Sue Bad Bars
If you would like to learn more about Texas dram shop law (i.e. lawsuits against bars who play a role in injurious or fatal accidents), please visit our Texas Dram Shop Law Info Page.
