Opener
As of January 1, 2017, if you are currently licensed with TTB as a brewery, distilled spirits plant or winery and owed less than $50,000 in excise taxes in 2016, and expect to owe less than $50,000 in 2017, you will no longer be required to hold a bond. This is great news for all […]
TTB’s attempt to put an end to an inherently misleading labeling practice and protect the AVA wine origin labeling rules has garnered significant reaction from certain commentators and some in the industry. In order to shed some light on the proposed amendments to federal labeling rules and why Napa Valley Vintners, the Wine Institute, over […]
The California Department of Alcoholic Beverage Control has issued a warning that licensees are being targeted by a possible scam. Apparently, licensees have been receiving calls from someone claiming that, as a result of an ABC violation, the licensee must pay a fine. In short, the ABC does not operate in this manner, and if […]
20 years after pioneering the medical marijuana movement Californians have again spoken out for their right to use marijuana. With the passage of proposition 64, marijuana is now treated very similar to alcohol in the State of California. Essentially anyone in the state over the age of 21 may grow, purchase, possess and use marijuana […]
Thursday and Friday, November 3rd and 4th Santa Barbara, California The annual CEB Wine Law Forum,™ will take place on November 3rd and 4th in Santa Barbara, California. The Forum, sponsored by the International Wine Law Association, will address Events, Festivals & Social Media, Direct-To-Consumer Sales and Franchise Laws and the Balancing of Local Concerns […]
The U.S. Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has proposed amendments to federal wine labeling laws that protect the integrity of the appellation of origin labeling system in its Notice of Proposed Rulemaking No. 160 (NPRM 160). If adopted, the proposed amendments would close off a loophole that allows certain […]
This past week the Trademark Trial and Appeals Board of the U.S. Patent and Trademark Office issued a blow to cannabis businesses attempting to protect their brands. In a precedential decision, In re Morgan Brown (click here for full decision), the Board affirmed the refusal to register the mark HERBAL ACCESS for “retail store services featuring […]
Today, the Fresno County Superior Court denied Nisei Farmers League’s request for a preliminary injunction staying the enforcement of AB 1513’s affirmative defense deadlines. AB 1513 is recent legislation specifying how nonproductive time should be compensated for employees paid by piece-rate. The new deadline to file with the DIR is July 28, 2016. Under AB […]
Nisei Farmers League filed a lawsuit on June 27, 2016 in Fresno Superior Court challenging the legal validity of certain provisions of AB 1513 governing payment for nonproductive time for employees compensated by piece rate. The extension of time to file for safe harbor protections with the California Labor Commissioner was extended in order to provide […]
As of this writing, CNN is reporting that there is no possibility that the “remain” proponents will prevail in UK’s Brexit vote. By now we all know that “Brexit” refers to Britain’s vote to exit membership in the EU. And now it appears the Brexit will occur. In a February 2016 report, Wine Institute United […]
On May 18, 2016 the United States Department of Labor (“DOL”) released its final updated regulations governing overtime exemptions. The DOL’s Wage and Hour Fact Sheet detailing the changes can be found here. Although it does not go as far as the proposed rules, the new regulations dramatically expand the number of workers eligible for […]
It’s decision-making time under AB 1513 for employers of piece-rate workers in California. More specifically, if you employ piece-rate workers in California, you must give notice to the state’s Department of Industrial Relations by July 1, 2016 if you want to avail yourself of the safe harbor under the statute and secure the complete affirmative […]
The Illinois Joint Committee on Administrative Rules has solved the more important question, namely, is a winery responsible for paying sales tax on shipping charges. The Joint Committee has approved amendments to the Illinois law, which will be retroactive back to November 19, 2009, creating unambiguous safe harbors, including clarity that shipping charges are not […]
Earlier this month, the Napa County Board of Supervisors completed their review of the Agricultural Protection Advisory Committee’s (APAC) recommendations to improve agricultural protection, primarily by imposing new restrictions and limitations on wineries (See approved list of Board actions on APAC recommendations). One of the recommendations approved by the Board was to implement a phased, […]
On March 4, 2016, the California Department of Alcoholic Beverage Control (“ABC”) published an Industry Advisory providing guidance to licensees, marketing companies and winegrower associations participating in “passport” marketing events. Most passport events have the same format – consumers purchase an identifiable event glass, wrist band, passport or punch card from a marketing company or […]
The following is a guest post from the attorneys at Downey Brand On January 8, 2016, Fox Ortega Enterprises, Inc. filed for Chapter 7 bankruptcy in the Northern District of California. The debtor, operating under the name Premier Cru, was a seller of fine wines in Berkeley, California, and well known for selling rare and […]
On February 11th, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a new ruling regarding the extent to which “category management” practices are permissible under federal tied-house laws. The “tied-house” laws promulgated under the Federal Alcohol Administration Act (the “FAA Act”) generally prohibit industry members from giving “things of value” such as supplies, […]
New York based Brooklyn Brewery brought an action to enjoin the Fresno County Black Ops Brewery from any continued use of “Black Ops” on or related to beer products. The Court granted the injunction January 6, 2016. Brooklyn Brewery produces a single bottle Russian Stout (with a champagne cork) under the name “Brooklyn Black Ops,” […]
In anticipation of Super Bowl 50 on Sunday, February 7 in the Bay Area, and given the large number of both retail and supplier-side licensees that are participating at the Super Bowl, and in events and promotions in the week leading up to the game, the California Department of Alcoholic Beverage Control has issued an […]