Wine Business Monthly explains, in an article written by John and published in the April 2018 edition, how to navigate the alcoholic beverage regulatory system. The article analyzes best practice route to market and marketing plans with an emphasis on advising new entrants to the business. The article is reprinted here for readers of Booze Rules.Read More
When we started our cannabis practice, we did not know where our clients would necessarily come from, but we knew we had to be a part of the end of prohibition, having missed the last one that shaped so much of our current alcohol practice. While we work with many independent cannabis cultivators, manufacturers, distributors, and retailers, much of our cannabis work also comes from our existing client base of winemakers and vineyard owners, brewers, distillers, restaurants, hotels, venues, private clubs, caterers, service providers, and investors, who want to diversify their investments. All eyes are on California cannabis; if it can be added onto existing alcohol and hospitality operations to serve the newly legalized consumer base, all the better.Read More
ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
By Robert M. Tobiassen, Compliance Consultant and former Chief Counsel, TTB
Forward by John Hinman: We asked Rob why TTB was structured the way it was, what we can expect to happen as the 2019 budget is implemented and what kind of TTB enforcement policies will be in place going forward. He responded with the history and status of the agency, and his prognosis for the future, based on his long experience in Washington DC. This article is must reading for every professional in the alcoholic beverage industry who interfaces with the TTB.
Disruption is the descriptive word du jour used by every industry experiencing change and challenges in its global supply chain, manufacturing models, distribution channels, and attracting and retaining consumers. The Trump Administration is similarly disrupting Executive Branch agencies through its political appointees, program change mandates, and budget reallocations. TTB is not exempt from this disruption and the fiscal year 2019 proposed budget foreshadows a possible second divorce for ATF and TTB that could alter the culture of TTB. Industry members and other stakeholders learned lessons from the first agency divorce in 2003, specifically about how criminal law enforcement agencies function. It behooves everyone today to pay heed to these lessons of history as the proposed budget moves forward.Read More
The ABC’s Strict Application of Penalties for Sales to Minors
By John Edwards and John Hinman
The Modern History of the Use of Decoys to buy Alcohol
Hinman & Carmichael has been representing licensees charged by the ABC with sales to minor decoy violations for over 30 years. We have defended hundreds of cases during that period. We appealed one particularly egregious minor decoy case in 1992 on a constitutional defense. Our grounds for appeal were that the program was entrapment, there were no standards of conduct of the program that made it fair and there was no statutory exception allowing the program to exist. Because of our appeal, the entire state-wide decoy program was suspended for almost two years before the California Supreme Court ruled in 1994 that law enforcement could use minor decoys provided there were standards. We ultimately prevailed to the extent that the industry, in Rule 141 in 1996, established required standards of law enforcement conduct when running minor decoy programs.Read More
By Erin Kelleher and Rob Tobiassen, Compliance Consultant and Former Chief Counsel (TTB)
On Friday, TTB issued an industry circular to help winery licensees struggling with an unintended consequence of the Tax Cuts and Jobs Act (the “Act”) - - which became effective on January 1 of this year. The “fix” to the problem described below is only temporary and expires on June 30, 2018. Hopefully that is enough time for a permanent solution to be adopted in a technical corrections bill, or by Rule change.Read More
- ROUTE TO MARKET AND MARKETING RESTRICTIONS - NAVIGATING REGULATORY SYSTEM CONSTRAINTS
- Alcohol and Cannabis Ventures: Top 5 Legal Considerations
- ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
- STRIKE 3 - YOU REALLY ARE OUT! THE ABC'S STRICT APPLICATION OF PENALTIES FOR SALES TO MINORS
- TTB Temporarily Fixes Problem with Fulfillment Warehouse Tax Credits - an “Alternate Procedure” for Paying Taxes & Reporting
- CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
- The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
- ‘Twas the week before New Year’s and the ABC is out in Force – Alerts for the Last Week of 2017, including the Limits on Free Rides
- Big Bottles, Caviar and a CA Wine Strong Silent Auction for the Holidays!
- The FDA and the Wine and Spirits Industry – Surprise inspections anyone?
- NORTHERN CALIFORNIA WILDFIRES: UPDATED REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
- NORTHERN CALIFORNIA WILDFIRES: REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
- Soon to come to your Local Supermarket– Instant Redeemable Coupons of the digital age!
- The License Piggyback Dilemma – If it Sounds Too Good to be True, it Probably is
- A timely message from our Florida colleagues on the tied house laws, the three-tier system and the need for reform
- ABC Declaratory Rulings – A Modest Proposal Whose Time has Come
- More on FDA Inspections - Breweries, Distilleries and Questions
- WHY THE FDA IS INSPECTING WINERIES
- Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees
- ABC Enforcement - Trends and Predictions
- The Corruption Chronicles – Volume One: A New Hope
- New Alcohol Delivery Oversight on the Horizon
- Michigan: Canary in the DtC Coal Mine?
- California ABC and Federal Credit Laws – Active Enforcement and Lots of Questions!
- Big Bottles For The Holidays - The Highest Calling Of The Winemaker's Art
- FINAL COMMENTS TO TTB NOTICE 160 DUE ON WEDNESDAY DECEMBER 7TH – WE ARE ASKING THE TTB TO EXTEND THE COMMENT PERIOD AGAIN TO ALLOW FOR INDUSTRY NEGOTIATION AND ALIGNMENT OF INTERESTS
- SONOMA COUNTY WINERY USE PERMITS, EVENT RESTICTIONS AND DTC
- New TTB Labeling Requirement Regulations: Out-of-State Bottling Is Not Created Equal and Consumers Right to Know Where the Grapes in their Wine Come from is Compromised
- Isn't A Written Agreement With A Distributor Worthless In A Franchise State?
- Crowd Funding for Alcohol Producers and Retailers – Down the Rabbit Hole with the Tied House laws
- Everything you ever wanted to know about the BPA Warning Statement but were afraid to ask
- AB 2082 - A Hunting License for Police and a Lethal Weapon for Politicians that Deprives Licensees of Currently Available Due Process Rights
- “Better Late Than Never”-- Judge in Illinois Dismisses 201 Sales Tax Cases against Retailers
- The Day the Music Almost Died: The Story of the BottleRock ABC Accusations, the ABC Appeals Board and a Victory for a Common Sense Interpretation of the Tied House Laws
- The Arsenic in Wine Class Action Dismissal – what it means
- Counterfeit or Artisanal Mexican Spirits? Pick your Poison, or your lime wedge
- Warning - CA ABC enforcement teams are on the prowl this weekend!
- RELIEF AT LAST! ILLINOIS MOVES TO FIX THE SALES TAX LAWSUITS AGAINST OUT-OF-STATE SELLERS BUT PROPOSES TO PENALIZE WINERIES AND RETAILERS THAT SHIP WITHOUT PERMITS
- The TTB Speaks on Category Management or, be Careful What you Ask for Because you might Get it!
- Hinman & Carmichael LLP Announces the Addition of Jeremy Siegel to its team of top beverage law lawyers
- 2016 LEGISLATIVE UPDATES: Part IV
- 2016 LEGISLATIVE UPDATES: Part III
- 2016 LEGISLATIVE UPDATES: Part II
- 2016 LEGISLATIVE UPDATES: Part I
- Hinman & Carmichael LLP is Hiring!
- John Hinman Presents NBI Webinar on Basics of Alcohol Beverage Law
- ABC DISMISSES SAVE MART GRAPE ESCAPE ACCUSATION BUT REFUSES TO ADOPT JUDGE’S DECISION FINDING NO STRICT LIABILITY FOR ABC VIOLATIONS
- Speakeasies are still with us, and proliferating!
- The War for the Soul of Sonoma County – the Winery Working Group Battle
- Santa Claus isn’t the only one coming to town this Christmas!
- Arizona's Direct to Consumer Shipping Rules - An Exercise in Complexity
- AB 780 - Social Media and the ABC: The California Legislative “Fix” that Fails
- Illinois Finally Offers Certainty and Relief for Victims of Sales Tax Lawsuits, but Prompt Action is Required in Pending Cases
- A Modest Proposal – Adopt the federal rule on Tied-House liability in California
- The Grapes Escaped - Why the First Amendment Matters
- Appellate Court Ruling Strikes Blow Against State’s Arbitrary Beer Label Ban
- Illinois Attorney General's Office Announces Intention to Dismiss False Claims Act Against Liquor Retailers
- Commercial Speech And Alcoholic Beverages - Part III
- Commercial Speech And Alcoholic Beverages - Part II
- Craft Beverages: Social Media Marketing the Effective and Compliant Way
- Commercial Speech And Alcoholic Beverages - Part I
- A LAYPERSON LOOKS AT ARSENIC IN WINE
- The Biggest Retailer in the World vs. the TABC
- Rebecca Stamey-White presents Emerging Issues in Wine Law
- Top Beverage Alcohol Law Firm Adds and Elevates Partners
- Illinois Qui Tam Lawsuits—Private Enforcement Of a State Claim: A Bonanza For A Plaintiff’s Lawyer And A Rip-Off Of Retailers
- BOOZE RULES OF SOCIAL MEDIA: The Retailer Right to Pay Exception
- LIONS AND TIGERS AND TWEETS, OH MY!
- AB 2004: Brewer's Incremental Parity with Wine Makers
- Expanding, Proud Of It, and Wanting to Tell the World
- DC Weighs in Strongly on Third Party Marketer Delivery Services
- “Visual Links” between Beer, Wine and Spirits Labels and Retailers Ruled Unlawful in California — the tied house laws run amok
- Hard Cider Legislative Update
- New Marketing Model for New York – Lot 18 and the NYSLA
- Sweeping Changes in Proposed NYSLA Bill Include Expansion for Craft
- Minimum Resale Price Policies - How to Control Price-Cutters
- AB 2130 – Gloves Off?
- “Gluten-Free” Labels for Wine, Beer and Distilled Spirits. We’re Still Waiting.
- AB 1252: Sanitation Overkill?
- Growlers: Not Just for Beer Anymore
- California Legislative Roundup 2014
- Build It and They Will Come: Craft Products Get New Privileges in CA and TX
- AB 1128: Veto of the “Serve a Minor” Felony Penalty Bill, or How to Lose a Winery in One Sale
- California Grocers Association v. ABC, Part 2: California Appeals Court Vacates ABC’s Adoption of a Trade Advisory That Correctly Guided Licensee Conduct
- California Grocers Association v. ABC, Part 1: California Appeals Court Prohibits Alcohol Sales at Self-Check Out Stands
- AB 1128: The “Serve a Minor” Felony Penalty Bill, or How to Lose a Winery in One Sale
- The New York SLA and Online Wine Sales: A Work in Progress
- California SB 635: What the 4am Bill Really Means for California Communities
- Electronic Invoices in California: Welcome to the 19th Century
- The History of Amazon and Wine: What Has Changed?
- Third Party Marketing Checklist
- BOOZE RULES – PROMOTIONAL APPEARANCES AND AUTOGRAPHS
- Washington State: Down the Rabbit Hole of the Tied-House Laws