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Considering A Dram Shop Case Against Nucky's Cocktail Bar? 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.

Nucky's Cocktail Bar is located in Kingsville, 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 two 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 Nucky's Cocktail Bar for possible criminal or administrative violations.

TABC Investigations of Nucky's Cocktail Bar Between 2018 and 2019


Kingsville - 1406 N 14Th Street

Allegations:

Law enforcement contacted the TABC on 12/31/2018, alleging that staff was drinking on the job and that a breach of the peace (typically a fight) occurred, which the bar failed to report (a separate violation in itself). 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.

Upon investigation, authorities were able to confirm that the bar failed to report a breach of the peace, which they classified as an administrative violation. After issuing the bar a written warning, the TABC concluded its work on the case on 02/09/2019.

A second law enforcement complaint came on 02/09/2019, accusing the bar of permitting staff to sell or possess drugs on the premises.

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 04/10/2019.

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.