DP&F to Host 11/1 Town Hall Meeting in Napa on Wildfire Legal Issues
Residents, business owners and community members affected by the Santa Rosa, Napa, Sonoma and Calistoga wildfires are encouraged to attend an Informational Town Hall meeting this coming Wednesday, November 1, 2017 at the Silverado Country Club in Napa. Sponsored by Dickenson, Peatman & Fogarty, the meeting is intended to serve as a resource for wildfire victims seeking guidance on any questions they may have as well as serve as an opportunity to discuss upcoming challenges facing our communities.
Topics for discussion will include insurance issues – how and when to make a claim, what to do about your mortgage if your home was destroyed as a result of fire, concerns of erosion and landslides when the rains return to our region, and possible recovery of uninsured losses.
- When: 5:00 p.m., Wednesday, November 1, 2017
- Where: Silverado Country Club, Main Ballroom (1600 Atlas Peak Rd, Napa, CA 94558)
- Parking: On site
To date, the Wine Country Fires have burned more than 250,000 acres, claimed the lives of 42 people and destroyed more than 5,700 homes, businesses and structures in our communities.
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 relocate their business operations for a period up to 6 months to a location within 500 feet of their premises, while their premises is being repaired or rebuilt.
Pursuant to Executive Order B-43-17, the ABC now has the discretion to waive the 500 foot limitation and 180-day time period described above for any businesses that have been forced to relocate as a result of the wildfires. The ABC also have the discretion to waive transfer fees beyond the time limitations set forth in the ABC Act related to such transfers.
Note that because this Executive Order only deals with California licenses, in practice, it will only allow the relocation of premises such as tasting rooms or offices, where a federal permit is not required at the premises. Thus, moving winery production facilities would not be possible under this Executive Order, since such operations would require that the licensee hold a federal winery permit at any facility where production was occurring.
For questions or more information on how to relocate your licensed operations as a result of damage from the fires, please contact Bahaneh Hobel.
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 of an AVA that falls entirely within the boundaries of Sonoma County (Russian River Valley, Sonoma Coast, etc.) to also carry a “Sonoma County” designation. Although the law, Cal. Bus & Prof. Code Sec. 25246, became effective on January 1, 2011, it only applies to wines that are bottled on or after January 1, 2014. In other words, there is no need for wineries to re-label wines already bottled, labeled, and in inventory prior to January 1, 2014. A full text of the Sonoma County conjunctive labeling law is found below:
CAL BUS & PROF. CODE SEC. 25246
(a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations, that is located entirely within a county of the 19th class, shall bear the designation “Sonoma County” on the label in a type size not smaller than two millimeters on containers of more than 187 milliliters or smaller than one millimeter on containers of 187 milliliters or less.
(b) The department may suspend or revoke the license of any person who violates this section.
(c) This section shall not apply to any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations when the name of the appellation includes the term “Sonoma County.”
(d) This section shall apply to wines bottled on or after January 1, 2014.
For more information or assistance on alcohol beverage labeling, contact John Trinidad ([email protected]).
This post is made available for general informational purposes only and none of the information provided should be considered to constitute legal advice