Yes, because the bartender continued to serve alcohol to two intoxicated guests.Under the Texas Dram Shop statute, a business can be held liable for damages if it serves alcohol to a patron who is clearly a danger to self and others, and the intoxication is a proximate cause of damages suffered. Since Grace's intoxication is a proximate cause of Dezi's injuries, the Secret Garden is liable because Grace and Dezi would have been obviously intoxicated to any observer.

2. Yes. To use the Texas Safe Harbor affirmative defense, a business that sells alcohol must show that it requires its employees to attend training regarding over-service, and the employees have to keep their attendance current. In addition, the plaintiff must not be able to show direct or indirect encouragement of its employees to over-serve. Since the Secret Garden rewards its top-selling bartenders every year and they can give free samples, the Secret Patio does encourage employees to overserve patrons.

Hoe to cite the Texas Dram Shop statute and Texas Safe Harbor affirmative defense statute in those paragraphs?