Opener
On January 1, 2024, the federal Corporate Transparency Act (CTA) took effect. This is a new law intended to combat the use of shell companies for laundering money, financing terrorism, and other bad acts by requiring that certain businesses file specific reports with the Treasury Department identifying the businesses owners and management with particularity. Below […]
A recent $5.5 million settlement payment from one of the country’s largest alcoholic beverage wholesalers serves as a good reminder that California law restricts the amount of late fees and interest that can be charged in connection with the purchase and sale of alcoholic beverages to retailers. Cal. Bus. & Prof. Code § 25509 provides […]
This week, Governor Gavin Newsom signed three bills that expand certain winery off-site tasting room privileges and grant alcohol beverage manufacturers the right to advertise and promote charitable donations in connection with the sale of alcohol. The laws will become effective on January 1, 2022. We have summarized the new bills and how they amend […]
In light of the wide-spread shut-downs and disruptions resulting from the Covid-19 pandemic, both the California Department of Alcoholic Beverage Control and the Alcohol and Tobacco Tax and Trade Bureau have recently provided guidance to wineries that are now venturing into the new world of “virtual” wine tastings that occur online. ABC’s latest Notice of […]
Over the past forty-eight hours, the California Department of Alcoholic Beverage Control (“CA ABC”) has provided additional regulatory relief to licensees, including information relevant to industry members engaged in fundraising in connection with Coronavirus-related charities. In addition, CA ABC and the Alcohol Tobacco Tax and Trade Bureau (”TTB”) announced that industry members will be permitted […]
The California Department of Alcoholic Beverage Control issued a notice on March 19, 2020 temporarily loosening certain regulations during the current state of affairs. While primarily focused on retailers, there are some potentially helpful provisions that impact alcohol beverage producers, too. A few things to keep in mind. First, local regulations and restrictions may also […]
Since the Governor’s announcement on Sunday recommending the temporary suspension of on-premise alcoholic beverage businesses, including winery tasting rooms, certain cities and counties have instituted “Shelter-in-Place” ordinances, and both the California ABC and the California Wine Institute have issued additional guidance on the operation of alcohol beverage licensed premises, including wineries. Given the various orders […]
On Sunday, March 15, 2020, Governor Gavin Newsom announced that due to efforts to reduce the potential spread of the novel coronavirus, he was directing the closure of “all bars, nightclubs, wineries, brewpubs, and the like.” Restaurants, however, are not directed to close at this time, but are subject to reduction of occupancy and social […]
Alcohol beverage retailers won a significant victory before the U.S. Supreme Court this morning. The Court held in Tennessee Wine & Spirits Retailers Association v. Thomas that Tennessee’s two-year durational-residency requirement applicable to retail liquor store license applicants violates the Commerce Clause and is not saved by the Twenty-First Amendment. In doing so, the Court […]
The U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) recently announced upcoming changes to the Certificate of Label Approval (“COLA”) application review process. Specifically, TTB will be adding a new “Conditionally Approved” status allowing applicants to fix minor errors in their COLA applications without having to go to the back […]
The annual Unified Wine and Grape Symposium takes place next week, and Dickenson, Peatman & Fogarty attorneys will be on hand to meet our Lex Vini readers. Reception We are hosting our annual reception at Ella Dining Room & Bar on Wednesday, January 29th from 5:00pm-7:00pm and would love to have you join us! Panels […]
The current federal government shutdown has put a halt to TTB’s regular operations and that has had a ripple effect on the alcohol beverage industry. Wine producers and importers must obtain a Certificate of Label Approval (COLA) for wines they sell in interstate commerce. While the online system for submitting COLA applications is still operational, […]
The California Senate Select Committee on California’s Wine Industry and Committee on Governmental Organization and the California Assembly’s Select Committee on Wine and Committee on Governmental Organization held a joint hearing in San Diego on Thursday, November 29, 2018. Jacob Appelsmith, the Director of the California Department of Alcohol & Beverage Control (“ABC”), and other […]
The recent news of lawsuits filed against New York wineries has caused industry members to ask if they face any litigation risk if their websites are not accessible to people with disabilities under the Americans with Disabilities Act (“ADA”). The answer is “maybe.” There is considerable ambiguity in the law as to which companies are […]
A Florida-based wine importer is hoping to shake up the California three-tier system. If successful, any importer or wholesaler in the U.S. may be permitted to sell directly to California retailers. Earlier this year, Orion Wine Imports, LLC filed a lawsuit against the director of the California Department of Alcoholic Beverage Control arguing that licensed […]
Are you planning on bottling and labeling any wines with the name of a Monterey County AVA in the new year? Then you’ll need to comply with a new conjunctive labeling requirement. See Cal. Business and Professions Code Sec. 25247. In 2015, the state legislature passed a law requiring wine labeled with the name of an […]
DPF’s Richard Mendelson and Scott Gerien presented at the International Wine Law Association‘s annual conference held in Napa this past week. During the two day conference, wine law experts from around the world addressed key issues that impact the wine industry, including climate change, regulatory enforcement, international trade barriers, and mergers and acquisitions (click here for […]
Wine retailers received a double dose of good news last week. As we reported earlier, on Thursday, the U.S. Supreme Court agreed to hear an appeal by the Tennessee Wine and Spirits Retailer Association in a case challenging Tennessee’s state residency requirement for persons or entities that hold a state alcohol beverage retail license. Tennessee Wine […]
Governor Brown recently signed into law AB2452, a bill that grants wineries broader privileges in the use of social media to promote certain events held at retailer premises, such as winemaker dinners. The bill was introduced by Assembly member Cecilia Aguilar Curry, co-authored by State Senator Bill Dodd, and sponsored by the Napa Valley Vintners. […]
Popular culinary publication Bon Appétit recently published a story that shines a bright light on certain alleged “pay to play” schemes in New York. In “Bribes, Backdoor Deals, and Pay to Play: How Bad Rosé Took Over,” writer and sommelier Victoria James describes certain actions allegedly taken by wine suppliers (wineries and wholesalers) in order […]