Texas TABC-Certified Dram Shop Expert Witness, Deposed Twice in Texas

Last reviewed September 2026

Bars, restaurants, nightclubs and the rest of the trade these matters come from

Alcohol-liability claims arise out of a small number of venue types, and they are the same types in every state: a bar or tavern, a restaurant with a bar, a nightclub, a gentlemen’s club, a casino floor, a concert or music venue, and a special event served under a temporary permit. Preston Rideout has poured, managed or consulted in all of them. What changes from one to the next is which records hold the answer, and that is what he establishes first.

Bars and taverns. Operations running on one or a few terminals, where the point-of-sale timeline, the inventory record and the bartender’s own account of the shift carry the file. Preston asks for sales at transaction level by terminal and by hour, the schedule for the night, and the written service policy set against what staff could describe under oath.

Restaurants with a bar. Service divided between a bartender and a table server, with a bar period ahead of the meal and a check that may be opened, transferred and closed by different people. He asks for bar-to-table transfers by name, because a standard sales export does not carry them, and for the interval between arrival and seating from the reservation system.

Nightclubs. Door, capacity, security and bottle or table service, often with several bars under one roof and a guest who may be served at more than one. He asks for sales by terminal, the door and capacity count, the security roster hour by hour, and any protocol by which a refusal at one bar reached the others.

Gentlemen’s clubs. Private rooms and hosted service running alongside the main floor, where a drink may be charged to a room, to a host or to a card rather than to the guest who drank it. He asks for the room and host billing records as well as the bar tickets, and for the floor-management roster.

Casinos. Comped floor service charged to a player account rather than rung to a tab, which puts the consumption record outside the bar system entirely. He asks for the player-account beverage record, the cocktail-server section assignments, and the beverage-supervisor roster for the shift.

Concert and music venues. Concession and roaming-vendor sales, a service cut-off set by the event rather than by the clock, and an audience arriving across a short window. He asks for sales by stand, the cut-off as it was actually operated, and the staffing plan set against the attendance.

Special events and temporary bars. Service under an event permit or a license extension, with staff engaged for the occasion and records that end when the event does. He asks the permitting authority for the permit and any conditions attached to it, and the operator for the induction record against payroll start dates.

TABC certification, and a Texas operating role

Preston holds Alcohol Awareness Certification Experts, Techniques of Alcohol Management (TAM), Alcohol Beverage Commission (TABC) and Responsible Beverage Training (TABC) for Texas. Two of those are Texas Alcoholic Beverage Commission programs, so for Texas he completed the state’s own seller-server training rather than a national substitute.

The course comes from one of the schools the commission has approved rather than from the employer, which is why the provider named on a certificate is checkable.

A certificate is valid for two years from the date it is issued, so the question in any Texas file is not whether a certificate exists but which dates it covered.

From 2014 to 2016 he was Director of Bar Operations for Luke’s Icehouse in Texas, responsible for how those bars were staffed, trained and run. In a Texas matter that means he has held the management role a licensee’s own leadership held.

Texas seller-server training and the employer’s position

Texas itself does not oblige a seller or server to hold it — the commission’s own answer to whether certification is required is “No. There is no requirement to be certified under state law, but many employers require certification for employment.”

The commission puts the employer’s interest plainly: “Many alcoholic beverage retailers will only hire sales and service staff that are TABC-certified because it may protect the employer from certain liabilities under the Alcoholic Beverage Code.”

Whether the training requirement was real, whether every server on duty held a current certificate, and what management’s own practices were are operational questions answered from the venue’s records rather than from the certificates alone.

What Preston asks for in a Texas file

Early in a matter, and before he forms any opinion, Preston sends retaining counsel a written document request. He asks for each item as the venue’s own system produces it — a transaction-level export rather than a daily total, an hour-by-hour roster rather than a shift summary — because that is the level at which service can be reconstructed.

• Point-of-sale and tab data at transaction level, by terminal, by server and by hour — not a daily or venue-level total.
• Surveillance video covering the service points and the entrance, with the retention policy and the date the footage was preserved.
• The staffing schedule and the manager roster for the night, hour by hour rather than by shift.
• Server and manager training records, with issue and expiration dates, for everyone who served or supervised that night.
• The written alcohol-service policy in force on the date, and any refusal, cut-off or incident log kept under it.
• Inventory counts and supplier invoices for the period, which bound how much alcohol left the building independently of what was rung.
• The licensee’s regulatory history with the state authority, including any prior administrative action.

Where a record does not exist, its absence is a finding in itself, and Preston’s report says which conclusions the surviving records support and which they do not.

Preston’s Texas record

Two Texas matters, both depositions, both for plaintiffs, alongside a Texas multi-unit operating role. Courts, retaining counsel and dates are itemized on his prior testimony list.

• Frenrick Lamont Cathey, Jessaciah A. Peres, and Daniel Tharp v. Mario Eduardo Martinez Buenrostro and Kalahari Resorts
  District Court of Travis County, Texas · retained by Nicholas Kotonias for the plaintiff · deposition, September 11, 2023
• Eloise Sandoz, Individually and as Next Friend of Joe Palacios, v. Mathew Martinez
  District Court, 345th Judicial District, Bexar County, Texas · retained by Tim Maloney for the plaintiff · deposition, August 11, 2025

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