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Considering A Dram Shop Case Against Lola Lolita Cantina Moderna? Here's What You Need To Know

I've been suing irresponsible bars for over-serving alcohol for 30 years. My experience handling hundreds of cases has repeatedly shown me just how many bars fail to follow alcohol service regulations, as well as the tragedies that all too often result. 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 reckless bars play in those accidents. In order to call more attention to this issue, I dedicate a portion of my time to reviewing the Texas Alcoholic Beverage Commission's 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, don't hesitate to call me at (855) 326-0000.

Lola Lolita Cantina Moderna is a bar located in El Paso, Texas. In recent years, it has attracted the attention of the TABC on multiple occasions due to allegations of liquor law violations. Between 2016 and 2019, authorities conducted four separate investigations into the bar's alcohol service practices.

In my experience, it is 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 cause 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 Lola Lolita Cantina Moderna or possible criminal or administrative violations.

TABC Investigations of Lola Lolita Cantina Moderna Between 2016 and 2019


El Paso - 1441 N Zaragoza Road Suite A 1&2

Allegations:

On 07/28/2016, a staff member filed a complaint with the TABC, alleging that a breach of the peace (typically a fight) occurred and that the bar failed to report it (a separate violation in itself). While it might seem strange that a staff member would be the source of a TABC complaint, employees have a legal obligation to report any violations they see in the workplace.

TABC agents launched an inquiry into the allegations, but after nearly two months of work, they still had not managed to uncover any evidence of a criminal or administrative violation. Unable to take any action, they decided to close the case on 09/19/2016.

Law enforcement contacted the TABC on 10/25/2017, alleging again that a breach of the peace took place and went unreported.

Authorities investigated, but even when a police officer is the source of a complaint, the TABC still requires corroborating evidence before taking action. As investigators had none on this occasion, they were left with no choice but to close the case, which they did on 11/06/2017.

A second complaint from staff came on 05/04/2018, alleging that a breach of the peace occurred.

The investigation that followed lasted only five days, which is far shorter than the normal length of a month or two. After failing to find any evidence of wrongdoing, authorities decided to close the case without further action on 05/09/2018.

A concerned citizen filed a complaint with the TABC on 12/17/2019, claiming that the bar allowed a minor to both purchase and consume alcohol.

As in all of the previous investigations, authorities could not take any action due to a lack of video evidence to back up the allegations. With no other option available, they shut the case on 02/18/2020.

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.