What Victims Should Know About Dram Shop Lawsuits Against Bombshells
Having litigated more Dram Shop lawsuits than any other firm in the state of Texas, we're no stranger to egregious negligence on the part of licensed providers. Despite this, the consistent pattern of careless service at Bombshells locations still stands out. In the interest of ensuring the public is well-informed about the chain's behavior, I decided to dig into the TABC's files of complaints and investigations and publish what I found. If you would like to talk about a possible Dram Shop case involving Bombshells, please call (855) 326-0000 to find out how our attorneys can help.
It is no secret that both Texas in general and Houston in particular, have serious problems with drunk driving. Now, perhaps one could argue that that is because we are more strict regarding our enforcement of driving under the influence laws. But, it still is an issue that seems to be prevalent, even with strict enforcement. When the TABC gets involved, it usually for one of two reasons: an incident occurred and a law enforcement agency contacts them, or a responsible private citizen notices a possible infraction and takes it upon themselves to bring it to the TABC's attention.
Bombshells is a chain of sports bars that has been in the headlines lately, especially in Houston, for playing fast and loose with alcohol service guidelines. So much so that Harris County District Attorney Kim Ogg filed a civil lawsuit against one Bombshells location in order to shut it down. She dubbed the bar a "crime factory" because of the pattern of behavior linked to the over-service of alcohol at that location.
The lack of accountability shows a pattern of irresponsible alcohol service and at times, has led to people being injured or killed. This is why we will run down the list of alleged violations that have occurred during the last two years. We want to give Texans an idea as to what may or may not be happening at a Bombshells location near them.
The Texas Alcoholic Beverage Commission has conducted investigations into allegations of various marketing violations. In some cases, there are multiple allegations at one location.
Simply because a Bombshells location was investigated, it does not mean that they are a location that displays a pattern of violating TABC code. Conversely, if a location has been investigated and investigators determine that they are not in violation of TABC code, that does not mean that the alleged violation did not take place. At times, sufficient evidence required to prove that either criminal or administrative violations occurred is hard to come by. We are simply reporting the locations that were put on the TABC's radar for one reason or another by concerned citizens and law enforcement agencies.
Bombshells Locations Investigated by the TABC Since 2017
Houston - 12810 Gulf Fwy Suite A
Allegation:
On 07/02/2018, this store was alleged to have sold alcohol to a person under the age of 21.
Later, on 07/09/2018, TABC investigators closed the investigation with no further action taken.
The issues continued when a law enforcement agency alleged that this same location had sold alcohol to a person under the age of 21.
The violation was dismissed without prejudice on 4/6/2017.
It was alleged that this store had sold alcohol to a minor on 02/05/2018.
After roughly two weeks, the investigation was closed on 2/18/2018 with no further action taken.
On 5/2/2017 it was alleged that this location had served a drunk minor.
After a few weeks, the investigation was closed on 5/23/2017 with no further action taken.
Then, on 05/16/2017, it was alleged by a member of the Houston community that this location had refilled alcohol. In this situation, instead of replacing an empty bottle with a brand new bottle of the same liquor, the business will simply refill the old bottle, compromising quality and health safety.
The matter was investigated on 6/21/2017 and no further action was taken against this Bombshells location.
Houston - 14191 NW Freeway
Allegation:
On 05/30/2017, this location was alleged to have sold alcohol to a minor.
Later, on 07/01/2017, TABC investigators closed the investigation with no further action taken.
Houston - 12810 Gulf Fwy Suite A
Allegation:
On 08/04/2017, this location was alleged to have sold alcohol to an intoxicated minor.
TABC investigators closed their investigation of the matter on 08/21/2017.
Houston - 14191 NW Freeway
Allegation:
A Houston resident alleged that a minor was sold alcohol on 12/06/2017.
TABC investigators decided to close the investigation on 12/28/2017 with no further action taken.
Spring - 21005 Ih 45 North
Allegation:
On 12/11/2017, it was alleged that this location had sold alcohol to a minor.
The investigation was closed on 01/30/2018 with no further action taken.
Houston - 12810 Gulf Fwy Suite A
Allegation:
On 02/06/2018, this location was alleged to have committed marketing violations.
On 03/30/2018, investigators closed the case with no further action.
Wichita Falls - 411 N Scott Avenue
Allegation:
On 02/9/2018, this location was alleged to have sold alcohol to an intoxicated person during prohibited hours.
On 03/31/2018, investigators closed the case with no further action.
Austin - 15119 Ih 35N Building
Allegation:
On 04/26/2018, this location was alleged by a law enforcement agency to have sold alcohol to a minor.
On 06/09/2018, investigators found criminal and administrative violations, however, the disposition was not available.
Houston - 12810 Gulf Fwy Suite A
Allegation:
On 05/16/2018, a law enforcement agency alleged that there had been sales to an intoxicated person who was under the age of 21.
After a look at the evidence, TABC officials closed down the investigation on 6/9/2018 after failing to find enough evidence to pursue the matter further.
Roughly a week later, on 5/22/2018, it was alleged by a law enforcement agency that this location had sold alcohol to an intoxicated person.
Astonishingly, it seems after so many previous complaints and allegations by law enforcement, the investigation was closed with no further action taken on the same day.
Finally, this same location was alleged to have sold alcohol, again, to an intoxicated person on July 2nd of 2018.
TABC investigators looked into allegations of serving an intoxicated person, and again we see that there is no disposition regarding any criminal or administrative violations found. As you can see here with this Gulf Freeway location in Houston, there is a pattern emerging.
There are times, of course, that a bar or restaurant that sells alcohol may have issues with management that may be too liberal with their alcohol service policies. That happens. However, when a pattern emerges where one Bombshells location is constantly on the radar of local law enforcement and is under investigation multiple times, within a short period of time, one must begin to wonder if there is a culture of willful disregard for TABC guidelines.
Texas Law Says Accident Victims Can Sue Bad Bars
If you would like to learn more about Texas "dram shop" law (i.e. liqour liability law / lawsuits against bars who play a role in injurious or fatal accidents), please visit our Texas Dram Shop Law Info Page.
