On Wednesday morning, MPN published an article about a bar owner who was arrested by the Friendswood Police Department. The bar owner claims police harassment, today the City of Friendswood tells their side of the story.
A local Friendswood restaurant establishment is under investigation for overserving customers. The investigation was initiated after several documented cases of DWI arrests and a series of disturbances were attributable to patrons of the restaurant. Texas law requires alcohol retailers and their employees to be trained to identify intoxicated customers and to refuse to continue to serve them. However, not all establishments follow the law. It is critical for establishments that sell alcoholic beverages to take steps to avoid overserving for the safety of everyone who use public roadways. All of us have the right to be safe from the extreme dangers imposed upon motorists by intoxicated drivers. And, those who profit from the selling of alcoholic beverages are expected to exert the greatest effort to prevent drunk driving.
The Texas Alcoholic Beverage Code requires sellers and servers to refuse alcoholic beverage service to intoxicated persons and minors. These public safety violations may result in the cancellation or suspension of the establishment’s license or permit to sell alcoholic beverages. The establishment may also be held civilly liable for selling or serving alcoholic beverages to an individual if: (1) at the time the provision occurred it was apparent to the provider that the individual being sold, serviced, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient was the proximate cause of the damages suffered.
A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an intoxicated person. They could receive up to: $1,000 fine; and/or one year in jail.