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Considering A Dram Shop Case Against Come and Take It Bar and Grill? Here's What You Should 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.

Come and Take It Bar and Grill is located in Gonzales, Texas. Though the majority of its visitors are locals who come to catch a game or to have a brick-oven pizza, the TABC has also paid a number of visits recently due to allegations of liquor law violations. Over just a two-year period, authorities have conducted three investigations into alcohol service practices at Come and Take It Bar and Grill.

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 Come and Take It Bar and Grill for possible criminal or administrative violations.

TABC Investigations of Come and Take It Bar and Grill Between 2018 and 2019


Gonzales - 401 Saint George Street

Allegations:

A concerned citizen reached out to the TABC on 03/07/2018 and alleged that the bar permitted a minor to consume alcohol, sold alcohol to a minor, and that staff was drinking on the job. The last allegation is more serious than it might appear at first glance. Staff has a legal obligation to stop serving alcohol to patrons who exhibit signs of being dangerously intoxicated. If staff itself is intoxicated, its ability to judge when to stop serving is impaired. 

Authorities followed up with an investigation soon 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. In this particular instance, authorities had neither. As a result, the case came to a close on 04/28/2018.

On 11/14/2018, a member of the Gonzales community contacted the TABC, claiming that the bar sold alcohol to a drunk person and that staff was drinking on the job.

The ensuing investigation failed to find any hard proof of a criminal or administrative violation. With no other course of action available, authorities decided to wrap up their work on the case on 01/05/2019.

Just over two weeks after receiving the previous complaint, the TABC received yet another on 11/29/2018. This time, it alleged a litany of offenses, including selling alcohol to a minor, a breach of the peace (typically a fight), failure to report a breach of the peace, permitting the possession of drugs on the premises, selling alcohol to an intoxicated person, and staff drinking on the job.

As mentioned previously, the TABC relies heavily on video evidence to establish the veracity of most allegations. In this case, it had none. Consequently, authorities could not take any action and decided to wrap up the investigation on 01/17/2019.

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.