LEX VINI

TTB Approves San Luis Obispo Coast (SLO Coast) Viticultural Area

Last week was an exciting week for producers and consumers of California Central Coast wine. On Wednesday, March 9, the Alcohol and Tobacco Tax and Trade Bureau (the “TTB”) published a final rule establishing a new “San Luis Obispo Coast,” or “SLO Coast,” American Viticultural Area (“AVA”). The SLO Coast AVA (identified in orange below) […]

New Laws Expand Winery Off-Site Tasting Room Privileges and Manufacturer Charitable Donation Advertising

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 […]

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 […]

Federal Court Rules in Favor of Wine Retailer DTC Shipments

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 […]

Best Practices in Winery Operations Conference (Napa, 3/19 – 3/20)

  James W. Terry Director at Dickenson, Peatman & Fogarty and chair of the firm’s business practice group, will serve as as program co-chair at the annual “Best Practices in Winery Operations” conference hosted by The Seminar Group, to be held on March 19 and 20, 2015 at The River Terrace Inn in Napa, California.  The conference touches on many […]

Loeffelholz / Trinidad on Wine Labeling Legal and IP Issues

Wine Business Monthly recently published an article by DP&F attorneys Katja Loeffelholz and John Trinidad on wine labeling legal and intellectual property issues. You can access the article using the following link: “Avoiding Label Approval Issues” (Published with the permission of Wine Business Monthly).

FTC Criticizes Franchise Laws…in Automobile Industry

“Regulators should differentiate between regulations that truly protect consumers and those that protect the regulated.” So concluded the Federal Trade Commission in a recent blog post criticizing franchise laws in the automobile industry. Tesla Motors, a leading manufacturer of high-end electric cars, implemented a sales model to allow it to sell cars direct to consumers. […]

Tied House Laws: Alive and Kicking

The New York State Liquor Authority issued a stern reminder that tied house laws are not only still on the books, but will be strictly enforced. On Tuesday, March 25, the NYSLA accepted a plea offer from the numerous entities associated with restaurateur Joe Bastianich to pay $500,000 penalty, close down Manhattan-based wine store Eataly […]

New York State Liquor Authority Sets 4/23 Meeting re Internet Wine Sales

The New York State Liquor Authority has scheduled a special board meeting for April 23, 2014 to consider two requests for declaratory rulings related to internet wine sales. Both Lot 18 and Connoisseur Encounters Co., Inc (doing business as “The Wine Cellar at Rye Ridge”) have asked the NYSLA for guidance regarding their proposed business […]

Federal Court Dismisses Diageo’s Complaint in Franchise Law Case

Earlier this week, Missouri distributor Major Brands, Inc. won the most recent round in its year-long franchise law litigation with Diageo Americas, Inc. The federal district court in Connecticut has dismissed Diageo’s complaint, and the parties dispute appears to be gearing up for a trial in Missouri state court this summer. Last March, Diageo brought […]

Branding Strategies in Agricultural Commodities: Vineyard & Block Designates

By Katja Loeffelholz, Dickenson, Peatman & Fogarty The prominence of vineyard-designated wines is another lesson in value-added agricultural branding which presents both the winery and the vineyard owner or lessee with a number of marketing and legal issues. Recognizing the value of vineyard designated names, vineyards have long been designating blocks within their vineyards with […]

Annual “Best Practices in Winery Operations” Seminar (March 27-28, 2014)

Dickenson Peatman & Fogarty attorneys will be featured speakers during the upcoming “8th Annual Best Practices in Winery Operations: Risks and Rewards” to be held on March 27 & 28, 2014 in Napa. The seminar (which offers California CLE Credits) will cover the following: Legal and Regulatory Update County Audits and Compliance with Land Use […]

TTB Proposes New Oregon AVA, Cites Wine Blogs as Support

Winegrowers vying to become the 18th American Viticultural Area in Oregon have reached an important milestone. On February 26, 2014, a new notice of proposed rulemaking was published in the Federal Register, soliciting comments regarding the proposed “The Rocks District of Milton-Freewater” AVA. The comment period is open until April 28, 2014, and comments can […]

Napa County Winery Audits: What are the odds?

Each year Napa County sends out notices to 20 wineries that they have been selected to be subject to the annual winery audit for compliance with their individual use permits.  The County sent out its most recent notice on January 17, 2014 asking for information about annual production, visitation and custom crush activities.  The letter requests that […]

St. Helena City Council Rescinds Amendments to Small Winery Ordinance

St. Helena’s City Council unanimously voted to approve an emergency ordinance repealing recently passed amendments to the Small Winery Ordinance. We wrote about this matter earlier in the week. Tuesday’s vote prevents the amendments from being put on the November ballot as a referendum item, and effectively reopens debate regarding the proposed amendments.   A […]

St. Helena City Council Will Consider Rescinding Amendments to Small Winery Ordinance

St. Helena’s City Council will hold a hearing on Tuesday, February 11 to consider repealing amendments to the Small Winery Ordinance approved just a few weeks ago after a months-long process. From May – August 2013, the St. Helena Planning Commission held four hearings to consider amending provisions of the St. Helena Municipal Code that […]

Lot 18 Secures Brick & Mortar Retail License from NYSLA

Over the past year, the New York State Liquor Authority has wrestled with how to treat third party wine marketers like Lot 18.  As we discussed in an earlier blog post, the NYSLA questioned whether third party marketers were essentially operating as unlicensed alcohol beverage retail business. Although the NYSLA has promised to issue additional […]

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 […]

Sonoma Conjunctive Labeling Law Applies to Wines Bottled on or after Jan. 1, 2014

Producers using the name of an AVA entirely within Sonoma County on your wine labels take note: California law requires you to include a “Sonoma County” designation for all wine bottled on or after January 1, 2014. In 2010, the California legislature approved a new “conjunctive labeling” law that requires wines labeled with the name […]

Cal Bar CLE Event for Attorneys at Kendall-Jackson

2.0 units of general MCLE sponsored by LaRiviere, Grubman & Payne, Monterey,CA. Friday, December 6th, 9:30-2:30   The California State Bar Agribusiness Committee’s annual Winery Tour will start at Kendall-Jackson Wine Estate & Gardens in Santa Rosa, California and we will visit a nearby wine production facility and vineyard.  Following the tour, attendees will enjoy a […]

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