Articles by: Bahaneh Hobel

DP&F’s Alcohol Beverage Partner to Speak at Spirited International Spirits Trade Tasting & Show

Bahaneh Hobel will be one of the panelists of “Next Steps: ‘Start Me Up,’” an informative discussion on how to start or grow a distilled spirits brand. The topic will be discussed at the Spirited International Spirits Trade Tastings & Show to be held at the Sonoma County Fairgrounds, California on February 27, 2018.  This […]

Governor Signs Executive Order Granting Some Relief to Licensees Affected by Fires

Yesterday, the Governor signed an Executive Order that could provide some relief to alcohol beverage licensees whose premises were damaged or destroyed by the recent fires in Napa and Sonoma Counties. The California ABC Act typically allows alcohol beverage licensees whose premises have been destroyed as a result of fire or other causes to temporarily […]

Taking Advantage of the New Law Allowing Service of Beer and Wine by Salons & Barbershops

As of January 1, 2017, California beauty salons and barber shops in good standing with the State Board of Barbering and Cosmetology are permitted to serve their customers, where local zoning permits,  no more than 12 ounces of beer or 6 ounces of wine by the glass for no charge. Many of our winery, brewery […]

Don’t Forget – Starting January 1, Eligible Licensees Can Amend TTB Permits To Eliminate Bonds

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 […]

CEB Wine Law Forum (Nov. 3-4 in Santa Barbara)

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 […]

ABC Provides Guidance on Passport Events

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 […]

TTB Provides Guidance on Category Management Practices

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, […]

Avoid Penalty Flags from the ABC During Super Bowl 50

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 […]

New Alcohol Beverage Regulations Give Licensees Expanded Rights and Privileges in the New Year

Beginning on January 1, 2016, new provisions of the California ABC Act will go into effect that will, among other things, provide industry members with additional rights and privileges related to marketing, events and promotions, and will also create a new Craft Distiller License.   A summary of a few of these important new statutory provisions […]

5 Tips for Alcohol Beverage Suppliers Participating in Events & Festivals

Festival season approaches, and many promoters reach out to supplier-side licensees (including wineries and breweries) asking them to participate in or sponsor such events.  Here are five important tips to keep in mind when participating in, or deciding whether to participate in, such events held in California: 1) Make sure your sponsorship is legal. Who?  California ABC […]

Updates to Massachusetts Direct to Consumer Shipper License Application

As most wine industry members are aware, licensed wineries now have the option to ship directly to consumers in Massachusetts if they obtain a Direct Wine Shipper License from the Massachusetts Alcoholic Beverages Control Commission (the “ABCC”). The ABCC  has recently revised the application for the Direct Wine Shipper License.  The revised application allows wineries […]

It’s Time to Renew Your FDA Food Facility Registration

Just a reminder that it’s time for wineries, breweries and distilleries required to register with the FDA to renew their FDA Food Facility Registration. Beginning on October 1, 2014 through December 31, 2014, food facilities that are required to register with FDA (which includes most alcohol beverage producers, even those operating as alternating proprietors) must […]

TTB Reduces Regulatory Burden on Small Brewers

Small brewers (i.e., those with excise tax liability reasonably expected to be not more than $50,000 in a given calendar year and who were liable for not more than $50,000 in such taxes during the preceding calendar year) will soon be getting a break from the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). TTB […]

TTB Announces Expansion of List of Changes for Prior Approved Labels

Today, the Alcohol Tobacco Tax and Trade Bureau (“TTB”) announced that it has further expanded the list of changes that may be made to approved labels (or COLAs) without requiring those labels to be resubmitted to TTB for review. Currently, industry members are permitted to make certain changes to approved alcohol beverage labels without applying […]

Consignment Sales – Don’t Do Them!

As a friendly reminder to all alcoholic beverage industry members, consignment sales of alcoholic beverages are illegal under both California and Federal law. Consignment sales are transactions where title to the alcoholic beverages in question is retained by the seller or where the licensee receiving the alcoholic beverages has the right at any time to […]

Five Key Points for Alcohol Beverage Distribution Agreements

Recently, Bahaneh Hobel, Senior Alcohol Beverage Attorney from Dickenson, Peatman & Fogarty, provided the Beverage Trade Network with some insights on the “5 Key Points You Must Cover in Your Distribution Agreements.”  To review her article and learn more about important issues to consider in drafting distribution agreements.  View Article For more information or assistance […]

The NYSLA Ruling – What it Really Means to Licensees and Third Party Marketers

We have received several questions from clients regarding the New York State Liquor Authority’s ruling on April 9, 2013 regarding the “legality of internet advertising platforms.” The ruling, which addresses the relationship between a New York state wholesaler, a New York state retailer, a third party internet marketer and ShipCompliant, is narrow and specifically applies […]

TTB Rule Changes for Documentation Supporting Organic Claims

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced changes to the supporting documentation required for claims that alcohol products are “100% Organic,” “Organic” and/or “Made with Organic” ingredients.  Currently, industry members submitting a Certificate of Label Approval (COLA) application for alcohol products that include such organic claims must submit: (1) the organic […]

New Laws Impacting the Wine Industry for 2012

Members of Dickenson, Peatman & Fogarty’s alcohol beverage and labor and employment departments recently teamed up for an article in the North Bay Business Journal titled “Important Legal Changes for Wine, Alcohol in 2012.”  You can find a link to the article by clicking here. The article summarizes new laws and regulations coming into effect in the new […]

TTB Issues Guidance on Changes to Personalized Labels, Just in Time for The Holidays!

Producers that create personalized labels for consumers (as opposed to labels made for retail or wholesale customers other than the ultimate consumers) have now been provided with guidance from the TTB regarding what changes to the COLAs for such personalized labels require approval from the TTB.  For personalized labels, TTB had previously permitted the holder […]

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