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Hinman & Carmichael LLP

260 CALIFORNIA ST., STE 700
SAN FRANCISCO, CA 94111
TELEPHONE: (415) 362-1215 / FAX: (415) 362-1494
Legal Services for the Alcoholic Beverage, Hospitality and Cannabis Industries

Hinman & Carmichael LLP

  • Our Firm
  • In The News
  • People
  • Clients
    • Retailers
    • Third-Party Service Providers & Industry Groups
    • Suppliers, Producers and Distributors
    • Hotels, Restaurants, Nightclubs & Bars
  • Blogs
    • Booze Rules
    • Booze Rules Archive
    • Czar's Blog
    • Czar's Blog Archive
  • Services
    • Distribution Relationships and Commercial Transactions
    • Alternative Routes to Market and Third Party Providers
    • Licensing and License Transactions
    • Marketing, Promotions and Events
    • Protests, Accusations and Regulatory Representation
    • Trade Practices and Compliance
    • Cannabis Practice
  • Events
  • Industry Links
  • Publications
john.jpg

JOHN A. HINMAN 

Founder and Partner 
jhinman@beveragelaw.com
Tel: 415-362-1215, Ext. 101 
Fax: 415-362-1494


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Education & Experience Presentations Publications Recognition

John is a founding partner (1991) of Hinman & Carmichael, LLP. John has been advising and representing alcoholic beverage industry clients (producer, importer, wholesaler, and retail) since 1984 in all phases of industry regulation, including trade practice, distribution and importation, product fulfillment, retail licensing and production. Prior to that (and after his graduation from Columbia Law School in 1974) John was the General Counsel of Sonoma Vineyards, a publicly traded winery with multiple production facilities and over 2,000 acres of vineyards operating in three states. John is a specialist in alcohol regulation in California, and throughout the United States, is a regular speaker and panelist at alcoholic beverage industry conferences throughout the US and the world (John is a member of the Board of Directors of AIDV, the international wine lawyer’s association) and has provided testimony in legislative and administrative proceedings in California, New York, New Jersey, and Tennessee.  John represents clients before the TTB, the California ABC and the counterpart agencies of other states. 

John is also a seasoned administrative hearing practitioner who has defended over 200 administrative accusations and hearings (both TTB and ABC) during the last 25 plus years and has taken industry cases as far as the California Supreme Court and the Ninth Circuit Court of Appeal.  The subject matter of the cases includes sales to minors (including aggravated cases, and second and third strike cases), disorderly houses and law enforcement problem premises, entertainment violations and First Amendment cases, tied house violations, protests of new on-sale and off-sale licenses and violation of condition cases. John, through a network of co-counsel, also manages distributor and other industry litigation (including direct to consumer challenges) throughout the US for clients of the firm.


EDUCATION

  • University of California, Santa Barbara, B.A., cum laude, 1971

  • Columbia University School of Law, J.D. 1974

  • College of Advocacy, Hastings College of the Law, University of California, 1980


ADMITTED TO BAR:

  • 1975, California, U.S. District Court, Northern District of California, and U.S. Court of Appeals, Ninth Circuit.

  • 2005, Supreme Court of the United States of America

  • Pro Hac Vice Admissions: Tennessee, Illinois, Florida, Ohio, Mississippi, Wisconsin, Missouri, and Massachusetts


INDUSTRY ASSOCIATION BOARD MEMBERSHIPS

  • Wine Institute of California: Associate Member

  • Wine & Spirits Wholesalers of America: Associate Member

  • Family Winemakers of California: Associate Member

  • Wine America [formerly American Vintners Association]: Associate Member

  • Mendocino Winegrowers Association: Associate Member

  • Monterey Winegrowers Association: Associate Member

  • Sonoma County Wineries Association: Associate Member

  • Amador County Wineries Association: Associate Member

  • Zinfandel Advocates and Producers: Associate Member and Counsel

  • Rhone Rangers: Associate Member and Counsel

  • National Conference of State Liquor Administrators: Associate Member

  • National Alcoholic Beverage Control Association: Associate Member

  • California Restaurant Association: Associate Member

  • Golden Gate Restaurant Association: Associate Member

  • Wine Market Council: Associate Member

  • National Association of Alcoholic Beverage Licensing Attorneys: Sustaining Member

  • National Wine Distributors Association: General Counsel and Member, Board of Directors (1987 – 1997)

  • American Wine Alliance for Research and Education:  General Counsel, and Member, Board of Directors (1988 to current).

  • Coalition for Free Trade: Founding General Counsel (1995 to 1998)

  • Coalition for Truth and Balance: General Counsel (1992 to current)

  • Member: International Wine Law Association (AIDV)

  • General Counsel/Board Member: Specialty Wine Retailers Association (2005 to 2012)

  • General Counsel/Board Member: National Association of Wine Retailers (2012 to current)

  • General Counsel/Board Member: California Music and Culture Association (2010 to current)

  • Vice-President, Chief Legal Officer and General Counsel: Sonoma Vineyards (multiple division public company operating three wineries’ in two states – California and New York) (1978 to 1984). Sonoma Vineyards, through its Windsor Vineyards division, was the nation’s pioneer in establishing direct marketing and direct sales of wine as a viable channel of trade.

Presentations

  • “International Bulk Wine & Spirits Show - SF” - (November 2021)

  • “Routes to Market” Webinar - ShopCompliant (October 2018)

  • "Marijuana Malpractice" - NABCA Legal Symposium (2016)

  • "Liquor Law" - National Business Institute (January 2015)

  • "Private and Control Label Legal Issues" - NABCA Legal Symposium (2015)

  • Rock Stars, Ragu Kings and Retailers: Whats Possible Through Licensing Agreements, Production Deals and the World of Private Labels (Upcoming, March 2105)

  • “Winery and Vineyard Law Program” – National Business Institute (October 2014)

  • UC Davis’ Wine and Spirits Law Academy (September 2014)

  • “Marijuana and IP: Lessons from the Development of the Self-Regulatory Structure for the Alcoholic Beverage Industry” – CLE Presentation (July 2014)

  • "Regulation in the U.S. Wine Industry” – American Association of Wine Economists Annual Conference (June 2014)

  • “The Evolution of Couponing” – National Alcoholic Beverage Control Association National Legal Seminar (March 2014)

  • “The FAA Act – Origins of Exclusivity and Consideration of the Tied House Laws” – National Alcoholic Beverage Control Association National Legal Seminar (March 2013)

  • “Santa Barbara Wineries – Challenges and Opportunities” – Presentation with the UCSB Economics Department (January 2013)

  • “Advertising and Selling Wine Through Social Media Outlets” – Monterey County Vintners and Growers Association Marketing Seminar (March 2012)

  • “Lessons Learned from Alcohol” – Cobalt Academy’s IP Rights in Medical Marijuana Workshop, Berkeley (March 2011)

  • “Social Media and Third Party Marketing” – ShipCompliant Users Conference (June 2011)

  • “Legal and Privacy Issues with Social Media” – Unified Wine and Grapes Growers Symposium (January 2011)

  • “Opportunities for Liquor Law Reform” – New Jersey Food Council (October 2010)

  • “Implications of Consolidation and Regulatory Development in the U.S. Wine Distribution System” – Sonoma County Wineries (December 2009)

  • “Internet Wine Marketing and Cyber Wine Merchants” – National Conference of State Liquor Administrators (June 2009)

  • “Understanding ABC Conditions and Underground Regulations” – California Grocers Association (March 2009)

  • “Collins Lecture on the U.S. Wine Market” – University of California Santa Barbara (April 2008)

  • “21st Amendment Legal Development Timeline” – CEO Forum (May 2005)

  • “Understanding TTB Audits and Best Practice Recordkeeping – Presentation with Grant Thornton(December 2004)

  • “Selling Wine in California” – Sonoma State University Wine Business Program (February 2004)

  • “Wine Industry Symposium on Financing, Strategic Planning and TTB Issues” – Silicon Valley Bank Wine Industry Symposium (June 2003)

  • “Internet Rules of the Road of Advertising, marketing and Transmitting Orders Online for Licensed Beverage Products” – San Francisco Bar Association CLE Program (October 2001)

PUBLICATIONS


ROUTE TO MARKET AND MARKETING
Wine Business Monthly
By John Hinman
April 2018

THE CORRUPTION CHRONICLES, PART 1
Spirited Magazine
By John Hinman
March 2017

HOW WINE SELLERS RISK LICENSES BY USING THIRD-PARTY PROVIDERS
North Bay Business Journal
By Kay Philippakis and John Hinman
January 2017

THE PERFECT STORM PART IV: PREDICTING TRENDS & OPPORTUNITIES
By Deborah Steinthal, John Hinman and Suzanne DeGalan
July 2011

THE PERFECT STORM 2010
By John Hinman, Deborah Steinthal, and Erica Valentine
January 2010

THE PERFECT STORM, REVISITED: PREDICTING FUTURE TRENDS AND OPPORTUNITIES
By John Hinman and Deborah Steinthal
December 2007

INTERNET RULES OF THE ROAD OF ADVERTISING, MARKETING AND TRANSMITTING ORDERS ONLINE FOR LICENSED BEVERAGE PRODUCTS
By John Hinman and Deborah Steinthal
November 2005

U.S. WINE MARKET LIBERALIZATION BY 2015: PERFECT STORM FORMING
By John Hinman and Deborah Steinthal
November 2005

FREE COMMERCE IN WINE: TRAPPED IN A LEGAL WEB
By John Hinman and Robert T. Wright, Jr.
June 2000

BLOG POSTS


Featured
Oct 7, 2019
WHEN THE INVESTIGATOR COMES CALLING – BEST PRACTICES.
Oct 7, 2019
Oct 7, 2019
Sep 20, 2019
RESPONSIBLE BEVERAGE SERVICE ACT PROPOSED ABC RULES 160 TO 173 – WHY THE RUSH?
Sep 20, 2019
Sep 20, 2019
Sep 11, 2019
The TTB Crusade Against Small Producers and the “Consignment Sale” Business Model
Sep 11, 2019
Sep 11, 2019
Jun 6, 2019
TTB Protocols, Procedures, and Investigations
Jun 6, 2019
Jun 6, 2019
Jun 3, 2019
Wine in a 250 ML can – the Mystery of the TTB packaging Regulations and Solving the Problem by Amending the Regulations
Jun 3, 2019
Jun 3, 2019
May 28, 2019
The Passing of John Manfreda of the TTB: a Tragedy for his family and a Tragedy for the Industry he so Faithfully Served for so Long.
May 28, 2019
May 28, 2019
May 16, 2019
Pride in a Job Well-done, or Blood Money? The Cost of Learning the Truth from the TTB about the Benefits to Investigators from Making Cases Against Industry Members
May 16, 2019
May 16, 2019
May 6, 2019
Supplier and Distributor Promotional “Banks,” Third Party Promotion Companies and Inconsistent TTB Enforcement, Oh My!
May 6, 2019
May 6, 2019
Apr 29, 2019
“A Wrong Without a Remedy – Not in My America” – The TTB Death Penalty for Not Reporting Deaths
Apr 29, 2019
Apr 29, 2019
Apr 22, 2019
Is a 1935 Alcohol Beverage Federal Trade Practice Law Stifling Innovation?
Apr 22, 2019
Apr 22, 2019
Mar 25, 2019
Prop 65 - Escaping a "Notice of Violation"
Mar 25, 2019
Mar 25, 2019
Mar 12, 2019
TTB Consignment Sales Investigations - What is Behind the Curtain of the TTB Press Releases?
Mar 12, 2019
Mar 12, 2019
Nov 6, 2018
Pernicious Practices (stuff we see that will get folks in trouble!) Today’s Rant – Bill & Hold
Nov 6, 2018
Nov 6, 2018
Aug 28, 2018
MISSISSIPPI RISING - A VICTORY FOR LEGAL RETAILER TO CONSUMER SALES, AND PASSAGE OF TITLE UNDER THE UNIFORM COMMERCIAL CODE
Aug 28, 2018
Aug 28, 2018
May 10, 2018
Founder John Hinman Honored with the Raphael House Community Impact Award
May 10, 2018
May 10, 2018
Apr 2, 2018
ROUTE TO MARKET AND MARKETING RESTRICTIONS - NAVIGATING REGULATORY SYSTEM CONSTRAINTS
Apr 2, 2018
Apr 2, 2018
Mar 14, 2018
ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
Mar 14, 2018
Mar 14, 2018
Jan 31, 2018
CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
Jan 31, 2018
Jan 31, 2018
Jan 29, 2018
The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
Jan 29, 2018
Jan 29, 2018
Dec 15, 2017
The FDA and the Wine and Spirits Industry – Surprise inspections anyone?
Dec 15, 2017
Dec 15, 2017
Jun 19, 2017
ABC Declaratory Rulings – A Modest Proposal Whose Time has Come
Jun 19, 2017
Jun 19, 2017
May 30, 2017
More on FDA Inspections - Breweries, Distilleries and Questions
May 30, 2017
May 30, 2017
May 1, 2017
Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees
May 1, 2017
May 1, 2017
Apr 3, 2017
ABC Enforcement - Trends and Predictions
Apr 3, 2017
Apr 3, 2017
Dec 5, 2016
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
Dec 5, 2016
Dec 5, 2016
Aug 15, 2016
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
Aug 15, 2016
Aug 15, 2016
Jul 22, 2016
Crowd Funding for Alcohol Producers and Retailers – Down the Rabbit Hole with the Tied House laws
Jul 22, 2016
Jul 22, 2016
Jul 18, 2016
Everything you ever wanted to know about the BPA Warning Statement but were afraid to ask
Jul 18, 2016
Jul 18, 2016
Jun 6, 2016
AB 2082 - A Hunting License for Police and a Lethal Weapon for Politicians that Deprives Licensees of Currently Available Due Process Rights
Jun 6, 2016
Jun 6, 2016
Jun 2, 2016
“Better Late Than Never”-- Judge in Illinois Dismisses 201 Sales Tax Cases against Retailers
Jun 2, 2016
Jun 2, 2016

Recognition

  • Lawyer International - Legal 100 2025 Award

  • Best Attorneys in America 2024

  • Chambers USA Guide Senior Statesperson Ranking: 2023

  • Martindale-Hubbell AV Preeminent Rating: 2022, 2023 and 2024

  • Northern California Super Lawyer: 2020 - 2025

  • Wine Industry Leaders 2020

  • International Advisory Experts Award Recipient 2020

  • Martindale-Hubbell AV Preeminent Rating 2017

  • Listed in Best Lawyers 2014, 2016 and 2017

  • Best Attorneys in California 2015 and 2016

  • Best Attorneys in America 2014

  • Top Attorneys in Northern California in 2013, 2014, 2015 and 2018

  • Top 100 Most Influential People in the U.S. Wine Industry 2013

  • Best California Attorneys 2012 and 2013

260 CALIFORNIA ST., STE 700, SAN FRANCISCO, CA, 94111

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