Texas Badge

Considering A Dram Shop Case Against Texas Rose? 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.

Texas Rose is a bar and restaurant located in Wilmer, Texas. While definitely a no-frills establishment, it offers its patrons a simple place to play pool or watch a sporting event over a drink and a meal. However, for such a small operation, Texas Rose has managed to attract a disproportionate amount of attention from the TABC. In just three years, it had a total of four investigations into its 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 Texas Rose for possible criminal or administrative violations.

TABC Investigations of Texas Rose Between 2015 and 2018


Wilmer - 4080 Ih 45N Suite A

Allegations:

On 05/02/2015, TABC received a complaint from law enforcement that alleged two violations occurred: a breach of the peace (typically a fight) and a failure to report a breach of the peace.

The ensuing investigation found sufficient evidence of administrative violations for authorities to take action. TABC issued the bar a written warning for possessing alcohol unfit for consumption, as well as an unspecified penalty for failing to report a breach of the peace. On 06/12/2015, investigators concluded their work on the case.

The very next month, on 06/18/2015, a concerned citizen filed a complaint that charged the bar with permitting a minor to possess or consume alcohol.

Investigators looked into the claim but could not find sufficient evidence of a violation. For most liquor law violations, TABC needs either video footage of the incident or eyewitness testimony from one of its agents in order to take action. Having neither in this particular instance, investigators closed the case the very next day.

TABC received another law enforcement complaint on 07/14/2017, this time alleging that the bar sold alcohol to an intoxicated patron.

Once again, TABC made an inquiry but failed to produce enough evidence of a violation to take action. Thus, on 09/10/2017, the case concluded.

A law enforcement complaint, filed 02/01/2018, charged that a member of staff was drinking on the job and that the bar sold alcohol during prohibited hours.

In spite of authorities' best efforts, neither of these allegations could be corroborated. As a result, TABC closed the investigation on 03/24/2018 without taking further action.

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.