LEX VINI

CA ABC and TTB Provide Guidance to Wineries on Virtual Tastings

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 […]

CA ABC Provides Additional Coronavirus Regulatory Relief; CA ABC and TTB Postpone Due Dates for Certain Payments and Filings

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 […]

CA ABC Loosens Regulations for Alcohol Beverage Retailers and Delivery

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 […]

Additional Guidance For Wineries in Light of Recent Government Actions

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 […]

TTB Allows Returns of Products Purchased for Events Cancelled due to CORONAVIRUS

Today, TTB announced that it would permit returns of alcoholic beverages that were originally purchased for events that have been canceled due to Coronavirus. As TTB stated:  “Given the unexpected and widespread nature of the concerns involving COVID-19, TTB will not consider returns of alcohol beverage products purchased to sell during such cancelled events to […]

Governor Issues Guidance / Directive on Closure of CA Bars, Clubs, Winery Tasting Rooms, On-Premise Retailers

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 […]

Supreme Court Decision is a Victory for Alcohol Beverage Retailers

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 […]

A Bridge too Far for Granholm? Florida Importer Challenges California Three-Tier System

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 […]

Monterey County Wines Subject to New Conjunctive Labeling Requirements

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 […]

International Wine Law Conference Comes to Napa

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 […]

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