When bars break the law, the TABC often punishes them.
Elsewhere on this site, we've covered extensively how Texas law allows drunk driving accident victims to sue bars and restaurants provided that the establishment served a patron who was "obviously intoxicated." Such lawsuits discourage bars from breaking the rules by taking the profit out of negligent alcohol service. However, this is not the only weapon in the arsenal against those bars who have no regard for the law. In particular, the Texas Alcoholic Beverage Commission (TABC) also has the authority to punish bars in several different ways.
In this article, we will discuss some of the legal consequences that bars, restaurants, and other alcohol providers can face if they break the law. These consequences have civil and criminal ramifications, which take the form of Texas Alcoholic Beverage Commission (TABC) fines, loss of the establishments's liquor license, or even time in prison for bartenders.
Questions answered on this page:
- What does the Texas Alcoholic Beverage Commission (TABC) do to punish bars?
- What happens if a bar violates TABC rules?
- Can I sue a bar if they served a drunk driver who hurt me or a loved one?
The TABC is the state agency that creates and enforces safe alcohol sales regulations. Think of them as the "alcohol cops" for establishments that sell beer and liqour. While they often perform random inspections of establishments that sell alcohol, they also investigate when they've received information that an establishment has been breaking the rules. Examples of situations they would investigate include:
- A patron was over-served and caused an accident
- A minor was able to purchase alcohol from a liquor store
- A minor was illegally served alcohol by a restaurant or bar
- A fight broke out at a bar and the police noticed that there was widespread intoxication
Our experience with TABC officers and investigators has generally been very favorable. In the car accident cases our firm handles, for instance, we review police reports on a regular basis, and we've found that it's more or less a 50-50 shot as to whether or not the cop who made the report did a good job. On the contrary, in the many dram shop lawsuits we've filed against bars, we've found that the overwhelming majority of TABC investigations are top notch. They really are good at investigating bar. Unfortunately, there's a catch. Their investigators only have a chance to investigate bars who show up on their radar. Often times, the awesome investigators of the TABC just never have a chance to do what they do best because no one ever tells them that a drunk person who caused an accident was drinking at a particular bar. But when they do go after a bar, it's a thing of beauty.
Ramifications After an Alcohol-Related Accident
If an establishment that serves alcohol was found to be in violation of any TABC rules and regulations during an inspection, TABC has the power to punish the businesses and/or people responsible for breaking the rules. TABC has three main remedies, or punishments, at their disposal that can be applied to those who disregard the law.
The three main TABC remedies are:
- Fines. The Texas Alcoholic Beverage Commission will often levy fines against drinking establishments who violate TABC code violations, such as the over-service of alcohol. These fines tend to range from small, "slap-on-the-wrist" penalties, to severe fines large enough to send a bar, restaurant, or night club out of business. The threat of such fines (as well as the potential loss of a liquor license) serves as a deterrent to breaking the rules. But alcohol providers often view these TABC fines from a cost-benefit perspective, deciding that the risk of large fines is worth the additional revenue gained by serving more alcohol. Further, it's customary for bars to negligently oversell alcohol for years and years until they're caught, if ever. For these reasons, it should be clear that a fine by itself is not always enough to motivate alcohol servers to do the right thing.
- Liquor license revocation. Alternatively, the TABC can revoke a bar or restaurant's liquor license. Should the TABC's investigation uncover violations of Texas' liquor liability laws, they will generally take punitive action against the drinking establishment. But quite often, the length of a liquor license suspension is too short: rather than fully punishing a negligent drinking establishment, the lax license-suspension policy frequently lets establishments continue to sell alcohol. Sometimes, even when sanctions are applied, the sanctions imposed on a bar only go so far as probation for a few months, meaning that all the bar will do is head back to its greedy, over-serving ways once that time is up. Even with all of these efforts to regulate the service of alcohol, bars still continue to skirt by, "trading off" liquor licenses with friends and family members so that the institution can keep earning money - all under the TABC's nose.
- Jail time. For egregious violations, bartenders can be put in jail. For example, if the bartender served someone who was already intoxicated, they may face up to a year in jail and a personal fine of $1,000. In their initial training, bartenders are more than made aware that they can be placed in jail if they flout these rules. Still, we've been practicing Dram Shop and drunk driving accident law for decades, and we can count the times we've seen this happen on one hand. For whatever reason, prosecutors and the TABC don't like putting negligent bartenders in jail and hardly ever pursue criminal charges.
Grossman Law Offices Can Help If You Were Injured By A Drunk Driver
While the TABC does a good job punishing bars, their job is to represent the state of Texas, not you individually. If you need money for medical bills, lost wages, and pain and suffering, only an experienced Dram Shop attorney can get that for you. We need to file suit, and we need to do so quickly before the defendant bar and servers have a chance to destroy the evidence your case needs.
If you or a loved one has been injured in a drunk driving or other alcohol-related accident, call Grossman Law Offices, based in Dallas, TX, at (855) 326-0000 for a free consultation.
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