Considering A Dram Shop Case Against J-peños Drive Thru? Here's What You Need To Know
My firm has handled more liquor liability (dram shop) cases than anyone else in Texas. With over 30 years of practice behind me, I can attest to just how many bars regularly fail to adhere to alcohol service laws, particularly when it comes to their obligation to refuse service to patrons who are already drunk. While the public might see or hear about a drunk driving accident from time to time, it is much less common for it to hear about the role that irresponsible bars play in those accidents. In order to increase people's awareness of this problem, I dedicate a portion of my time to researching the Texas Alcoholic Beverage Commission's complaint database 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.
J-peños Drive Thru is a beer store located in Odessa, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2016 and 2018, authorities conducted three separate investigations into the store'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 J-peños Drive Thru for possible criminal or administrative violations.
TABC Investigations of J-Peños Drive Thru Between 2016 and 2018
Odessa - 404 W Clements St
On 09/13/2016, a concerned citizen filed a complaint with the TABC, alleging that staff allowed a minor to possess or consume alcohol.
Upon investigation, authorities were able to confirm that staff sold alcohol to a minor, which they classified as both an administrative and criminal violation. After handing down an unspecified penalty, the TABC closed the case on 10/20/2016.
The TABC received an anonymous complaint on 01/11/2017, claiming that staff sold alcohol to a minor.
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 02/23/2017.
A member of the Odessa community reached out to the TABC on 03/27/2018, claiming that staff sold alcohol to an underage customer.
As mentioned in the previous investigation summary, the TABC relies heavily on video footage to back up most claims of wrongdoing. Since authorities had no such evidence in this investigation, they could not take any action, leading to their decision to close the case on 05/15/2018.
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.