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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
  • 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
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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
October 7, 2019
WHEN THE INVESTIGATOR COMES CALLING – BEST PRACTICES.
October 7, 2019

This “best practices” post is intended to inform licensees, and their employees, of their basic rights and responsibilities when responding to law enforcement investigations and law enforcement interrogations. While this is not intended to be legal advice, many practical questions have been posed to us asking what to do when the investigator comes calling:

Read more →
October 7, 2019
September 20, 2019
RESPONSIBLE BEVERAGE SERVICE ACT PROPOSED ABC RULES 160 TO 173 – WHY THE RUSH?
September 20, 2019

A proposal is in the works to create a massive ABC bureaucracy collecting personal data on every person in California who works in the alcohol sector of the hospitality industry.

The new rules will require scientific training of every server before being allowed to pour a glass of wine, and mandates hundreds of changes to current industry customer service practices. 

These rules, 45 days after being proposed, will be adopted without discussion unless the industry asks: “why the rush”?

Read more →
September 20, 2019
September 11, 2019
The TTB Crusade Against Small Producers and the “Consignment Sale” Business Model
September 11, 2019

By now most of the industry knows about the TTB’s crusade against small wineries in California, Oregon and elsewhere that use extended payment terms to provide wine to wholesalers in out-of-state markets, such as to Angels’ Share Wine – a wholesaler in New York.  

Read more →
September 11, 2019
June 6, 2019
TTB Protocols, Procedures, and Investigations
June 6, 2019

By now most of the industry knows about the TTB’s crusade against small wineries in California, Oregon and elsewhere that use extended payment terms to provide wine to wholesalers in out-of-state markets, such as to Angels’ Share Wine – a wholesaler in New York.  

Read more →
June 6, 2019
June 3, 2019
Wine in a 250 ML can – the Mystery of the TTB packaging Regulations and Solving the Problem by Amending the Regulations
June 3, 2019

We are committed to rational regulation and, even though we occasionally criticize the regulators for overzealous enforcement of vague regulations, we nonetheless well understand that agency discretion is limited by the enabling regulations. Today we are encouraging the TTB to exercise their discretion (via the rule-making process) and authorize wine in a 250 ml can – the most popular size for single serve wine in use in the world today. Not a day goes by that doesn’t surface a success story about marketing wine in a can.

Read more →
June 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

John Joseph Manfreda was a gracious gentleman, wise mentor, fierce and yet fair challenger, and a truly magnanimous person.  He will be missed.

There are so many stories to tell about John it is hard to know where to start.

Read more →
May 28, 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
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

The Federal Government has very extensive and well-funded bonus and award programs.  Good work gets financial awards.  These run the gamut of monetary awards from special act awards, spot awards, quality step increase awards for salary adjustments, senior executive service bonuses ranging up to 20 percent of base salary, to time off awards. TTB holds in-house award ceremonies in the Historic Cash Room in the Main Building of the Treasury Department next to the White House to distinguish the recipients of these awards.  It is a time of honor and respect for solid public service.  Or at least, that is what it is supposed to be.

Read more →
May 16, 2019
Supplier and Distributor Promotional “Banks,” Third Party Promotion Companies and Inconsistent TTB Enforcement, Oh My!
May 6, 2019
Supplier and Distributor Promotional “Banks,” Third Party Promotion Companies and Inconsistent TTB Enforcement, Oh My!
May 6, 2019

Targeting without Education – Deja Vu All Over Again

Listening to the TTB officials presenting at the kick-off 2019 TTB Trade Practice Seminar last week in New York City was deja vu to the seminars given last year.  Then the Trade Investigations Division (TID) Director gave his synopsis of the current trade practice investigation trends…always an interesting topic. 

Read more →
May 6, 2019
“A Wrong Without a Remedy – Not in My America” – The TTB Death Penalty for Not Reporting Deaths
April 29, 2019
“A Wrong Without a Remedy – Not in My America” – The TTB Death Penalty for Not Reporting Deaths
April 29, 2019

Death and Taxes – the American Reality.

American history teaches us that death and taxes are the only certain things in this world. Only second to hearing TTB talk about the Whiskey Rebellion in the late 1700’s as its heritage, we frequently are reminded that TTB is the third largest revenue source for the Federal Government following the Internal Revenue Service (IRS) and the Customs and Border Protection Bureau (CPB). 

Read more →
April 29, 2019
Is a 1935 Alcohol Beverage Federal Trade Practice Law Stifling Innovation?
April 22, 2019
Is a 1935 Alcohol Beverage Federal Trade Practice Law Stifling Innovation?
April 22, 2019

The Temperance Fountain, Prohibition and Rule-Making

The memory still remains.Around 1980 during a TTB trade practice investigation, the Washington Post’s editorial page published an item by a private attorney representing the industry member who remarked about the Temperance Fountain in the above photograph.This water fountain sits today at Seventh Street and Pennsylvania Avenue, NW in Washington, DC.

Read more →
April 22, 2019
Prop 65 - Escaping a "Notice of Violation"
March 25, 2019
Prop 65 - Escaping a "Notice of Violation"
March 25, 2019

Why do Proposition 65 notices matter?  Every business – wherever located - that sells or ships a product with a chemical on the Proposition 65 list (over 1,000) to a California resident, must comply with the mandatory warnings .

Read more →
March 25, 2019
TTB Consignment Sales Investigations - What is Behind the Curtain of the TTB Press Releases?
March 12, 2019
TTB Consignment Sales Investigations - What is Behind the Curtain of the TTB Press Releases?
March 12, 2019
Read more →
March 12, 2019
Pernicious Practices (stuff we see that will get folks in trouble!)  Today’s Rant – Bill & Hold
November 6, 2018
Pernicious Practices (stuff we see that will get folks in trouble!) Today’s Rant – Bill & Hold
November 6, 2018

The current intense TTB and ABC enforcement climate is grabbing the attention of the wine, spirits and beer industries. We are seeing regulatory attacks on allegedly unlawful promotions to the trade and to consumers, illegal consignment sales and other allegedly unlawful distribution and business practices involving retailers and suppliers engaging in what would be normal commercial practices for any industry other than alcohol. 

Read more →
November 6, 2018
MISSISSIPPI RISING - A VICTORY FOR LEGAL RETAILER TO CONSUMER SALES, AND PASSAGE OF TITLE UNDER THE UNIFORM COMMERCIAL CODE
August 28, 2018
MISSISSIPPI RISING - A VICTORY FOR LEGAL RETAILER TO CONSUMER SALES, AND PASSAGE OF TITLE UNDER THE UNIFORM COMMERCIAL CODE
August 28, 2018

On Monday, August 27th the Chancery court in Mississippi upheld “passage of title” terms of sale, dismissing a case brought by the Mississippi Attorney General alleging illegal shipments of wine into the state by retailers. Where the terms of sale, and the transaction documentation, clearly articulate that title passes in the home state of the licensed merchant, the court did not have jurisdiction over the defendants. This case was about consumer rights to buy wine in any state, and personal importation. The case isn’t over, but the victory is important. Read on for more details.

Read more →
August 28, 2018
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May 10, 2018
Founder John Hinman Honored with the Raphael House Community Impact Award
May 10, 2018

Last Saturday night, in front of over 600 people at the black-tie Raphael House Annual Gala, John Hinman was honored with the Raphael House Community Impact Award.

Read more →
May 10, 2018
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April 2, 2018
ROUTE TO MARKET AND MARKETING RESTRICTIONS - NAVIGATING REGULATORY SYSTEM CONSTRAINTS
April 2, 2018

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 →
April 2, 2018
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March 14, 2018
ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
March 14, 2018

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.

Introduction

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 →
March 14, 2018
CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
January 31, 2018
CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
January 31, 2018

By:  Barbara Snider, Senior Counsel, and John Hinman, Senior Partner

Welcome to the insanely complicated world of alcohol regulation! 

New legislative changes have now clarified that it’s a crime for almost all licensees to provide free transportation home from events and evenings out.

Unbeknown to most, California ABC law has consistently prohibited almost all alcoholic beverage licensees from providing free rides to customers because “free rides” are considered by the ABC an impermissible “thing of value,” and are considered by the anti-alcohol forces an inducement to consumption.  While this prohibition has seldom (if ever) been enforced, it places responsible licensees who want to make sure that their customers are getting home safely in a very difficult spot – do they violate the law by providing a free ride home, or do they potentially endanger the community by allowing an inebriated customer to drive (or get) home on their own?

Read more →
January 31, 2018
The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
January 29, 2018
The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
January 29, 2018

TTB is making its presence known in the unfair trade practice arena.  In July 2017, it announced a joint investigation by TTB and Florida State Authorities in the Miami area and then in September it followed with a joint investigation by TTB and Illinois State Authorities in Chicago, the Quad Cities, and Peoria.  Both press releases from TTB emphasize these investigations are focusing on “pay to play” schemes. 

Read more →
January 29, 2018
December 15, 2017
The FDA and the Wine and Spirits Industry – Surprise inspections anyone?
December 15, 2017
Read more →
December 15, 2017
June 19, 2017
ABC Declaratory Rulings – A Modest Proposal Whose Time has Come
June 19, 2017
Read more →
June 19, 2017
May 30, 2017
More on FDA Inspections - Breweries, Distilleries and Questions
May 30, 2017
Read more →
May 30, 2017
May 1, 2017
Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees
May 1, 2017
Read more →
May 1, 2017
April 3, 2017
ABC Enforcement - Trends and Predictions
April 3, 2017
Read more →
April 3, 2017
December 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
December 5, 2016
Read more →
December 5, 2016
August 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
August 15, 2016
Read more →
August 15, 2016
July 22, 2016
Crowd Funding for Alcohol Producers and Retailers – Down the Rabbit Hole with the Tied House laws
July 22, 2016
Read more →
July 22, 2016
July 18, 2016
Everything you ever wanted to know about the BPA Warning Statement but were afraid to ask
July 18, 2016
Read more →
July 18, 2016
June 6, 2016
AB 2082 - A Hunting License for Police and a Lethal Weapon for Politicians that Deprives Licensees of Currently Available Due Process Rights
June 6, 2016
Read more →
June 6, 2016
June 2, 2016
“Better Late Than Never”-- Judge in Illinois Dismisses 201 Sales Tax Cases against Retailers
June 2, 2016
Read more →
June 2, 2016

Recognition

  • Northern California Super Lawyer: 2026

  • Martindale-Hubbell AV Preeminent Rating: 2026

  • Best Attorneys in America 2024 and 2026

  • Lawyer International - Legal 100 2025 Award

  • 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

CONTACT@BEVERAGELAW.COM

TELEPHONE: (415) 362-1215/ FAX: (415) 362-1494

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