Agents with the Texas Alcoholic Beverage Commission (TABC) served an order to a popular bar on Tuesday, forcing its closure due to a fatal motorcycle crash involving a patron of the bar.
Major Mark Menn, TABC District Supervisor for Enforcement, explained that the order follows an investigation into the wreck, which yielded that alcohol had been a contributing factor to the crash and death of 36-year-old Christopher Perez.
Perez had just left the Little River Club at approximately 1:15 a.m. on May 10 on his 2001 Harley Davidson motorcycle, when he lost control in the 4100 block of W. Loop 306, struck a guardrail and was ejected.
He was pronounced dead at the scene by Justice of the Peace Kay Longest, and a police investigation yielded that speed was also a contributing factor.
Major Menn explained that as the investigation proceeded, agents learned that Perez had just left the Little River Club and was under the influence of alcohol. Anytime a fatality wreck occurs and the driver has been consuming alcohol at a licensed establishment, an investigation ensues, he said.
In order for the TABC to be able to take action against the liquor license holder in a case like this, agents must prove elements of what hapened while Perez was still at the bar.
"We would have to show that that licensed location, that one of the employees observed that they were intoxicated and continued to serve them," Menn said. In order to do this, agents take witness statements, determine how long he was at the bar, look at receipts and even surveillance footage.
When there’s a fatality, TABC initiates what they refer to as a “source investigation”. The maximum penalty if violations are found is revocation of the alcohol permit.
Menn said that at the time of the crash, Little River Club's permit was issued to Phillip Wade Wilson. The permit was officially cancelled on Monday, and on Tuesday evening, TABC agents served the order, Menn said.
The permit holder could have asked for a hearing on the order and he would have been able to operate until the hearing. Menn said that in this case the owner chose not to pursue a hearing. He also noted a series of violations from the club in the past, that included narcotics issues, over serving patrons and fights.
Since the closing, Shane Luther has applied for a new permit to re-open The Little River Club.
TABC said that their procedures are to conduct a check of any new applicants. In the investigation, they will determine if there is any indirect connection to the previous owner. The reason is, TABC doesn’t want the previous licensee to have anything to do with the day-to-day operations of the establishment, or any other control over the business, Menn said.
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The drunk driver was driving a Harley Davidson motorcycle. So, why not go after Harley Davidson for selling a vehicle to someone who "might" one day decide to drink and drive??? I mean, if they hadn't sold him that motorcycle maybe he would still be alive. And, while we're going out on the "ridiculous" limb...Go after the Department Of Motor Vehicles who had the audacity to issue this man a driver's license! Maybe, if he hadn't been legally licensed, he wouldn't have died. Right? What's next??? People, no matter how stupid or narcissistic they are, NEED to take responsibility for their own actions. UGH!!!
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PermalinkTABC law clearly states that it is illegal to serve alcohol to an obviously drunk patron. If someone is clearly drunk, and you serve him anyway, you've broken that law, and you lose your license.
Yeah, the bar didn't make him come in, but the bar certainly didn't stop serving him when it was clear that he had consumed too much. Yes, the bar is at fault here. It's real easy to cut someone off and call for a taxi, I've done it countless times in all the years I was a bartender.
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PermalinkYou can't tell me that the employees/bartenders aren't incompetent when some of them previously worked at another establishment, not too far from this one, that was shut down for the same reason... I completely agree, it was idiotic for this person to leave in the state he was in but you can't place blame on one and not the other. The bar is responsible for over serving him and he's responsible for riding in the state he was in when there were other means whether it was a taxi or staying at the hotel in the same parking lot.
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PermalinkIn all reality a good bartender knows when someone has had enough but how can you really blame the establishment? A woman that weighs 110 pounds drinks two glasses of wine and gets pulled over on her way home from happy hour with her friends, she submits to a breathalyzer, blows over the legal limit of .08 and goes to jail for DWI. Was she over served? The fact is that a small person that only consumes a couple of drinks will be legally over the limit, so where do you draw the line TABC? If the report comes out and this guy was served ten shots and ten beers then yes there was definitely a level of irresponsibility with the bartenders but there are a lot of factors involved. Also ask any bartender how many times they have had to cut a person off and call them a cab only to have that patron refuse a taxi and drive anyway, it happens. TABC wants every establishment that maintains a mixed beverage license to send them daily reports on all incidents that are alcohol related in their bar or restaurant. That means everything from a walked tab to cutting someone off and calling them a cab to an all out brawl, stabbing or gunshots. You tell me one bar owner that wants to be on TABC's radar like that....not one. There is just that small percentage of people that act like idiots when they drink and don't know when to say when. I didn't know this young man who lost his life and I really feel for his family but drinking and driving (especially a motorcycle) don't mix. The problem here is a lack of personal responsibility by patrons and the fact that people lose their jobs and businesses because of it .
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PermalinkGood post Volitan Sends...to many factors involved and how does someone automatically blame the bartender when not everyone sits at the bar and orders drinks. You have to hold all the waitresses up for the responsibility to babysit everyone they serve a drink to. Not everyone is a sloppy drunk. How do you know who is driving? How do you know who is leaving the bar and who got up to go call for a cab or go to the restroom? People don't turn over their car keys when they arrive and blow a breathalyzer to get them back. I am not saying there is never a need to investigate a situation resulting in a death but to close down a business while you investigate can lead to a business going out of business. Business owners are having tough enough times already.
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Permalinkhe drove his motorcycle to a bar to drink who's to blame?
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