Considering A Dram Shop Case Against Broadway 5050? Here's What You Need To Know
In the 30 years that I've been suing reckless bars for over-serving alcohol, I've handled hundreds of cases. My experience has shown me time and again just how many bars consistently fail to follow alcohol service regulations. While people might see or hear of a drunk driving accident now and then, it is less common for them to hear about the role that irresponsible bars play in those accidents. One of my goals is to increase the public's awareness of this issue. With that in mind, I dedicate some of my time to reviewing the Texas Alcoholic Beverage Commission's complaint records and reporting my findings here on my website. If you think you may have a dram shop (liquor liability) claim and have questions about how to proceed, please call me at (855) 326-0000.
Broadway 5050 is a bar and grill located in Alamo Heights, Texas. It has attracted a significant amount of attention not only for its menu (featuring a cheeseburger that was voted the best in the San Antonio area), but also for its popular weekly trivia and karaoke nights. In recent years, however, the TABC has also taken a strong interest in Broadway 5050 as a result of a number of complaints it received alleging liquor law violations. Between 2018 and 2019 alone, authorities conducted no fewer than six 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 cause 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 Broadway 5050 for possible criminal or administrative violations.
TABC Investigations of Broadway 505 Between 2018 and 2019
Alamo Heights - 5050 Broadway
Allegations:
Law enforcement reached out to the TABC on 03/08/2018 and alleged that the bar sold alcohol to an intoxicated person. Additionally, the complaint claimed that a breach of the peace (typically a fight) occurred, and that the bar failed to report it (itself a violation).
Authorities followed up soon thereafter with an investigation. 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. In this particular instance, authorities had neither. As a result, the case came to a close on 04/10/2018.
A second law enforcement complaint came on 08/15/2018, alleging again that a breach of the peace occurred and that the bar did not report it.
After over a month of investigation, authorities were able to prove that the bar failed to report a breach of the peace. After issuing a written warning, TABC agents ended their work on the case on 09/20/2018.
Yet another law enforcement complaint on 12/20/2018 claimed that the bar allowed a minor to possess or consume alcohol, sold alcohol to an intoxicated person, and that a breach of the peace occurred.
TABC agents looked into the matter, but failed to turn up any evidence of a criminal or administrative violation. With no other course of action available, investigators closed the case on 02/02/2019.
On 08/06/2019, a fourth law enforcement complaint reached the TABC, charging the bar with two breaches of the peace and failing to report them.
The subsequent investigation found evidence of six separate violations, including four counts of selling alcohol to an intoxicated person and two counts of public intoxication. However, it appears that the most punishment that the bar received was a written warning. On 10/15/2019, authorities closed this case.
The next complaint came on 09/04/2019, with a concerned citizen alleging that the bar sold alcohol to both a minor and a drunk patron.
An investigation followed and TABC agents uncovered evidence of four violations: two counts of public intoxication and two counts of serving alcohol to an intoxicated person. Once again, authorities handed down no penalty for the infractions. On 10/08/2019, the case came to a close.
Law enforcement contacted the TABC on 04/16/2019, alleging that the bar sold alcohol to a minor, allowed the minor to consume alcohol, and that a beach of the peace took place.
The investigation that followed lasted over a month, in which time authorities were able to prove that three violations took place: two counts of selling alcohol to a drunk person and one count of public intoxication. For the third time in a row, TABC agents chose not to punish the bar. The case then came to an end on 05/21/2019.
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.
