Practice area

Hospitality Law Attorneys in Texas

7 min read

  • 3 firms listed
  • 4 questions answered

Restaurants, bars, hotels, and entertainment venues carry legal risk every night they are open. A patron who was over-served can lead to a dram shop lawsuit. Staff bring employment and wage issues. Health inspections, local permits, franchise and management agreements, and hotel occupancy taxes all add obligations. Hospitality attorneys focus on the operating and liability side of the business, and work alongside TABC licensing counsel on alcohol permits.

Liability for serving alcohol is the area where a single incident can cost the most, and it is governed by a specific Texas statute with defined elements and a training safe harbor. Understanding those rules before an incident is the cheapest form of protection.

What Hospitality Attorneys Handle

Dram Shop Defense and Prevention

Under the Texas dram shop statute, a provider is liable for the actions of a customer only if, at the time of service, it was apparent to the provider that the customer was obviously intoxicated to the extent that he presented a clear danger to himself and others, and the intoxication was a proximate cause of the damages suffered (Alcoholic Beverage Code § 2.02(b)). For customers 18 and older, that chapter is the exclusive cause of action against a provider for their intoxication (§ 2.03). The statute’s separate provision on minors, § 2.02(c), addresses adults 21 and older who knowingly provide alcohol to someone under 18, not licensed businesses. Attorneys defend dram shop claims, work with insurers, and help build service policies, refusal documentation, and incident response procedures.

Seller Training Safe Harbor

An employer is not held responsible for an employee’s sale or service to a minor or an intoxicated person if the employer requires its employees to attend a TABC-approved seller training program, the employee actually attended, and the employer did not directly or indirectly encourage the violation (Alcoholic Beverage Code § 106.14). Attorneys help operators set up and document training so the safe harbor is available when it matters.

Alcohol Permits and Hemp Product Rules

Selling alcohol requires the right TABC permit for the business model, such as a Mixed Beverage Permit or a Wine and Malt Beverage Retailer’s Permit, along with any local approvals. Since January 21, 2026, TABC permit holders that sell consumable hemp products must verify that every buyer is 21 or older (a buyer’s being 40 or older is a defense to an ID-check enforcement action under 16 TAC § 35.6(c), but it does not remove the duty to check ID), and a violation can lead to suspension or cancellation of the alcohol permit. Permit applications, violation cases, emergency suspensions, and hemp rules are covered in more detail in the guide to alcohol and TABC licensing attorneys in Texas.

Restaurant and Food Service Compliance

Restaurants deal with food establishment permits and inspections by local health departments or the Texas Department of State Health Services, depending on the location. Attorneys help with permits, respond to inspection findings, and represent businesses in hearings and appeals.

Hotels and Lodging

Hotels face franchise and management agreement disputes, guest and premises liability claims, and employment issues in round-the-clock operations. Texas imposes a state hotel occupancy tax of six percent of the price paid for a room (Tax Code § 156.052), and cities and counties can add local hotel taxes. Attorneys negotiate franchise and management agreements, handle guest disputes and premises claims, and advise on tax compliance.

How to Choose a Hospitality Attorney

Industry experience. Ask how many restaurant, bar, or hotel clients the attorney represents and what kinds of matters they handle.

Dram shop experience. Ask about defending dram shop claims and working with liquor liability insurers.

TABC experience. Attorneys who regularly handle TABC applications, protests, and administrative cases know the agency’s procedures and timelines.

Local knowledge. Wet and dry status, local option elections, and city permits vary across Texas.

Availability. Inspections and incidents happen at night and on weekends. Ask how the firm handles urgent calls.

Texas Hospitality Attorneys

Monshaugen & Van Huff, P.C.

Location: Houston, Texas (serves statewide)

Website: https://texasliquorlaw.com

Phone: 713-523-5500

Monshaugen & Van Huff has established connections with TABC district offices and headquarters, the Attorney General’s office, and municipal agencies across Texas. Attorneys have over 20 years of hospitality industry experience. The practice includes TABC licensing and permitting, administrative case defense including emergency suspensions, dram shop defense and expert witness services, criminal liquor code violation defense, and compliance counseling. The firm represents restaurants, bars, nightclubs, hotels, and resorts throughout Texas.

Practice Focus:

  • TABC licensing and permits
  • Administrative case defense
  • Dram shop litigation defense
  • Criminal liquor code defense
  • Multi-agency audit representation

Martin Frost & Hill

Location: Austin, Texas

Website: https://www.mfhliquorlaw.com

Phone: 512-494-6200

Martin Frost & Hill focuses exclusively on alcoholic beverage permitting and compliance. Attorneys have worked at TABC, the Texas Capitol, and in the industry itself. The firm represents retailers, distilleries, wineries, breweries, and importers throughout Texas and nationally. Services include TABC retail permits for restaurants, convenience stores, hotels, bars, brewpubs, private clubs, package stores, entertainment venues, and temporary events. The practice also covers advertising and marketing compliance, tied house regulations, and legislative advocacy.

Practice Focus:

  • TABC retail and manufacturing permits
  • Compliance counseling
  • Advertising and marketing law
  • Regulatory advocacy
  • Multi-state expansion

Location: Dallas, Texas

Website: https://www.wilsonlegalgroup.com

Phone: 214-612-9308

Wilson Legal Group represents hospitality companies including department stores, grocery stores, restaurants, event venues, hotels, resorts, and spas. The practice assists with TABC permitting, health department permits, trademark protection, supplier and vendor agreements, employment matters, and dispute resolution. Attorneys handle TABC citations that can jeopardize licenses and cause economic hardship. The firm also assists with federal TTB permitting and related licenses such as tobacco retailer permits and lottery licenses.

Practice Focus:

  • TABC and TTB licensing
  • Health and restaurant permitting
  • Hospitality transactions
  • TABC citation defense
  • Trademark and intellectual property

Costs and Fees

Routine permit and licensing work is often handled for flat fees, separate from TABC’s own permit fees. Contested applications, violation cases, and hearings are usually billed hourly. Dram shop defense is often paid by the operator’s liquor liability insurer, which may appoint or approve defense counsel, so check the policy first. Many hospitality clients use a retainer for ongoing advice. Ask for a written fee agreement.

Frequently Asked Questions

What is dram shop liability?

It is a provider’s civil liability for harm caused by a customer it served. In Texas, liability requires that it was apparent at the time of service that the customer was obviously intoxicated to the extent of presenting a clear danger to himself and others, and that the intoxication was a proximate cause of the damages (Alcoholic Beverage Code § 2.02(b)). For customers 18 and older, this statute is the exclusive basis of a provider’s liability (§ 2.03). Under § 106.14, an employer that requires TABC-approved seller training, whose employee attended it, and that did not encourage the violation is not held responsible for that employee’s sale to a minor or intoxicated person.

How long does it take to get a TABC permit?

It depends on the permit type, local certification, and whether anyone protests the application. Check current processing times with TABC when you apply; protests and background issues add time. Plan well ahead of an opening date.

What happens if I get a TABC citation?

A violation can lead to a civil penalty, suspension, or cancellation, depending on the violation and the business’s history, and the case can settle or go to a hearing at the State Office of Administrative Hearings. Deadlines to respond are short, so contact counsel promptly. The TABC licensing guide linked above covers the process in detail.

Do hotels in Texas pay a state occupancy tax?

Yes. The state hotel occupancy tax is six percent of the price paid for a room (Tax Code § 156.052), and local hotel taxes can apply on top of it.

Sources

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.