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Considering A Dram Shop Case Against Frisky Brewery? Here's What You Need To 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.

Frisky Brewery is a brewpub located in Odessa, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2018 and 2019 alone, authorities conducted three separate investigations into the pub'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 Frisky Brewery for criminal or administrative violations.

TABC Investigations of Frisky Brewery Between 2018 and 2019


Odessa - 7050 Tres Hermanas Blvd

Allegations:

On 10/23/2018, a concerned citizen filed a complaint with the TABC, alleging that the pub employed a person under the age of 18 to sell alcohol.

Upon investigation, authorities were able to confirm the allegation, which they classified as an administrative violation. After issuing a written warning, the TABC closed the case on 11/13/2018.

A member of the Odessa community reached out to the TABC on 10/23/2018, claiming that staff was drinking on the job and that the bar failed to report a breach of the peace (typically a fight). The first allegation is more serious than it might appear on the surface. Staff has a legal obligation to stop serving alcohol to patrons who exhibit signs of being dangerously intoxicated. If staff is drinking, its ability to judge when to cut off service is impaired.

The ensuing investigation uncovered sufficient evidence for authorities to determine the veracity of the claims, both of which they classified as administrative violations. After issuing two written warnings, the TABC concluded its work on the case on 12/22/2018.

The TABC received another citizen complaint on 07/02/2019, accusing the bar of selling alcohol to an intoxicated person.

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 08/15/2019.

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.