Considering A Dram Shop Case Against Drink Texas Biergarten? Here's What You Need To Know
I've sued more reckless bars for failing to adhere to liquor laws than anyone else in the state of Texas. With three decades of experience and hundreds of cases behind me, I have seen just how frequently bars put profit before safety and over-serve alcohol, in spite of their legal obligation to serve responsibly. While people might see or hear of drunk driving accidents from time to time, they don't tend to hear as much about the role that irresponsible bars play in those accidents. In order to raise more awareness of this topic, I spend a portion of my time researching the Texas Alcoholic Beverage Commission's complaint database and writing about my findings here on my website. If you think you might have a dram shop (liquor liability) claim, don't hesitate to call my office at (855) 326-0000.
Drink Texas Biergarten is located in Boerne, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2016 and 2019, authorities conducted three separate investigations into the bar's alcohol service practices.
In my three decades of legal practice, rarely have I seen bar end up involved in a wrongful death or injury case that didn't have a history of complaints on file with TABC. Almost every bar I've ever sued was already on the authorities radar, so when I see a bar that has been investigated several times over a short period, it raises my concern that it could one day play a part in an accident.
Note: Investigations are not proof of wrongdoing. However, if authorities investigate and fail to find evidence, 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 Drink Texas Biergarten for possible criminal or administrative violations.
TABC Investigations of Drink Texas Biergarten Between 2016 and 2019
Boerne - 265 S Main Street
Law enforcement contacted the TABC on 08/25/2016, alleging that the bar sold alcohol to an intoxicated person and allowed a minor to possess or consume alcohol.
Authorities looked into the matter shortly thereafter. Even when the source of a complaint is a police officer, 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 10/18/2016.
On 06/04/2019, a concerned citizen filed a complaint with the TABC, claiming that the bar allowed the possession of an un-authorized alcoholic beverage on the premises and failed to report a breach of the peace (typically a fight).
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 06/17/2019.
A member of the Boerne community reached out to the TABC on 09/23/2019, accusing the bar of selling alcohol to a drunk customer.
TABC agents conducted an inquiry, but due to a lack of video evidence, they could not determine the veracity of the claim. As a result, investigators could not take any further action, leading to their decision to close the case on 10/19/2019.
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.