The state is investigating whether Josh Brent was overserved the night he is accused of driving drunk then crashing and killing his Dallas Cowboys teammate Jerry Brown.
The Texas Alcoholic Beverage Commission said it found "sufficient evidence" Beamers Private Club sold alcoholic beverages to an intoxicated person and conducted "practices that promote excessive consumption by patrons."
TABC officials said in a statement it would not take any actions against the club until after Brent's trial.
A representative of the club emailed a statement to FOX4 saying the safety of the club's guests and employees is "our number one priority."
"Our establishment promotes responsible drinking. Every staff member who sells and serves alcoholic beverages to our guests has been certified by the Texas Alcoholic and Beverage Commission and has undergone additional training through our in-house policies and procedures. We sell and serve responsibly," said club HR manager Joe Beamer in a statement. "Due to pending litigation it is not fair or appropriate for us to comment further."
TABC's regional director says bottle service may be to blame for all of the intoxication. Many bars and nightclubs, including Privae which is a part of Beamer's Night Club, offer bottle service. Large bottles of alcohol are sold directly to tables of people at premium prices.
"Bottle service creates an environment where patrons are easily allowed into states of intoxication because an environment is created to consume alcoholic beverages without the supervision of the employees," said TABC Regional Director Major Marc Decatur.
Under state law, a club and its employees are responsible for customers' safety. It's up to them to watch if someone gets drunk and not to serve them anymore if they are.
Investigators won't discuss who Josh Brent and teammate Jerry Brown, Jr. were with inside Privae the night of the deadly December automobile wreck. Brent, 25, faces trial in September for his friends death.
"We are alleging that an alcoholic beverage was sold to an intoxicated person and that the business, based on its place and manner of operation, is violating the on-premise promotions rule," said TABC Regional Director Major Marc Decatur.
Authorities believe Brent had been drinking and driving when he crashed his car, killing his friend and teammate. His blood alcohol levels were more than twice the legal limit. An autopsy reveals Jerry Brown Jr.'s alcohol level was only .05. The legal limit is .08.
Brent's attorney is seeking to have the blood alcohol level tests thrown out for his upcoming trial.
Since Beamer's got its license in 2009, the club has received four warnings. Most of them were for administrative issues. One is for not reporting a fight inside the club.
A second unreported fight resulted in a $600.
KDFW FOX 4
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