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Considering A Dram Shop Case Against Agave Private Club? Here's What You Need To Know

Over the last 30 years, I've worked to hold reckless bars accountable for over-serving alcohol. My experience handling hundreds of cases has opened my eyes to just how many bars consistently fail to follow alcohol service regulations. While people might see or hear about a drunk driving accident from time to time, they don't tend to hear about the role that irresponsible bars play in those accidents. Since most people don't do what I do for a living, I make an effort to share my insights in hopes of calling more attention to this issue. One way I do this is by periodically reviewing Texas Alcoholic Beverage Commission 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.

Agave Private Club is a bar located in Odem, Texas. Though a small establishment, it has managed to attract a substantial amount of TABC attention in recent years due to a number of complaints alleging liquor law violations. Between 2018 and 2019, authorities conducted three separate investigations into alcohol service practices at Agave Private Club.

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 Agave Private Club for possible criminal or administrative violations.

TABC Investigations of Agave Private Club Between 2018 & 2019


Odem - 1501 Voss Avenue

Allegations:

On 10/30/2018, the TABC received a complaint from a concerned citizen, alleging that the bar sold alcohol to a minor.

TABC agents looked into the matter and found sufficient evidence to confirm that both a criminal and administrative violation took place. After handing down an unspecified penalty, investigators closed the case on 11/03/2018.

A member of the Odem community reached out to the TABC on 02/21/2019, claiming that the bar both employed a person under the age of 18 to handle alcohol and sold alcohol to an intoxicated patron.

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, investigators had neither. As a result, the case came to a close on 03/01/2019.

Law enforcement contacted the TABC on 11/12/2019, charging the bar with selling alcohol to an underage patron.

The ensuing investigation was able to corroborate the allegation, which the TABC classified as an administrative violation. For some reason, authorities decided not to hand down any punishment, instead closing the case without further action on 11/14/2019.

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.