Posts Tagged ‘Legislation’

AB 1128: The “Serve a Minor” Felony Penalty Bill, or How to Lose a Winery in One Sale

by John Hinman 05.20.13

Welcome to your worst nightmare: You serve a customer at a winery tasting room (or at a party at a winery) who turns out to be younger than 21, and who later gets into an accident or commits a crime like assault where alcohol is a factor and you end up with a felony, which bars you from the wine industry for the foreseeable future. AB 1128 (currently on a fast track to pass through the California legislature) amends Business & Professions (“B&P”) Code Sec. 25658 and ups the potential penalty for sales to a minor (from a misdemeanor to a felony) when the minor causes an injury, death or damage to others. Civil damages for selling or furnishing alcohol to a minor who gets into an accident or causes harm is already part of the law and the potential consequences of a current incident include license revocation for a… Read more

Washington State: Down the Rabbit Hole of the Tied-House Laws

by John Hinman 05.17.12

Washington, as most people now know, is making the switch from being a solely state-run spirits distribution and retail system to having a fully privatized system. Initiative I-1183, which WA voters approved in November 2011 and which becomes effective in June 2012, created a new category of WA off-sale retail licenses (grocery stores, liquor stores) that will be available to private enterprise. The state is also closing all state-run liquor stores.  In addition to retail off-sale privileges, this new license gives privately owned stores the right to sell wine and spirits to on-premises licensees (restaurants, bars) in WA.  Unfortunately, this resale privilege triggers the tied-house laws in other states (including CA) for any WA off-premises retailers who are licensed in more than one state because the new law requires that retailers selling spirits to other retailers for resale must also hold a federal basic wholesaler’s permit. We are always concerned… Read more