Breweries

News & Analysis as of

"Roll Out the Barrels" and the "Brunch Bill": Proposed North Carolina Legislation of Interest to the Alcohol Industry and...

There are two bills pending in the North Carolina General Assembly this legislative session that may impact North Carolina breweries, distilleries, retailers, and consumers...more

New Beer Reporting Requirement Form Released

With the passage of Act 166 of 2016, effective January 17, 2017, Pennsylvania licensed breweries must now report to the Pa.L.C.B. the volume of malt or brewed beverages sold at their premises to consumers and...more

What’s On Tap: How to Start a Brewery in Michigan

Before you can serve up that first cold brew to a customer, there are several key regulations you need to know about in order to build a successful brewing company. Some of these local, state, and federal regulations are...more

As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage...more

Georgia Weekly Legislative Update - March 2017 #2

The General Assembly listed through a brief period of calm last week, a resetting of sorts after the drama of Crossover Day. Most of the legislation that advanced, either in committee or on the floor, did so on broad...more

PBI Presentation Recap: Key Features of Beer Distribution Agreements

Theodore J. Zeller III, a Member of Norris McLaughlin & Marcus, P.A., and Chair of its Liquor Law Department, recently presented on “Alcohol Distribution and Franchise Law” at the Pennsylvania Bar Institute’s Alcohol Law...more

New PA Beer Reporting Requirements Still Fluid

Under Act 166 of 2016, which became effective on January 17, 2017, breweries and wholesalers are required to report to the Pa.L.C.B. the volume of malt or brewed beverages sold either at wholesale or at retail on a monthly...more

Fairfax County Paves the Way for Craft Breweries, Wineries, and Distilleries

Fairfax County has jumped into the craft beverage game by creating new zoning rules that make it more attractive for craft beverage production establishments, including breweries, wineries, and distilleries, to operate in the...more

The Importance of Brand Identity and Trademark Protection for Breweries and Wineries

Too often, small startups, including brewery and winery businesses, only consider protection of their brands and other intellectual property as an afterthought. With hundreds of new wineries and craft breweries developing...more

Direct Sales to Consumers Exempt From Beer Franchise Laws?  Pa.L.C.B. Opines on Contract Brewing Arrangement Providing Beer to...

Recently, the Pa.L.C.B. published a legal opinion on the use of contract brewed beer by a couplet. A couplet is a manufacturing license (such as a G license for a brewery) that is used in conjunction with a brew pub (GP)...more

You Down with OPP? Pa.L.C.B. Opines on Manufacturers’ 50% Limitation for On-Premises Sales of Other People’s Products

Under Acts 39 and 166 of 2016, Pennsylvania-licensed manufacturers are now permitted to sell products made by other Pennsylvania-licensed manufacturers (such as Pennsylvania breweries, limited wineries, distilleries, and...more

The Force Strikes Back: Pa.L.C.B. Now Approves of the Planogram

We previously published a blog post covering the problems with planograms, titled “Planograms – The Future of Bad Beer.” In that post, we cited Pa.L.C.B. Legal Advisory Opinion No. 16-112, which prohibited a distributor from...more

Trademarking Your Name Can Drive You To Drink: The Risks and Benefits of Naming a Beer After Yourself

You have worked hard, you are proud of your beer, and you want the market, if not the world, to know that it is your product. At the end of the creative process, like any other artist or craftsperson, you have the urge to...more

TTB Licenses and Regulations: How a Craft Brewery Lawyer Can Help

Craft brewers applying for a permit/license or other approval from the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) can minimize delays, complication and confusion by working closely with a...more

Causing a Brouhaha: Trade Secrets Disputes in the Craft Beer Industry

In recent years, the craft beer craze has taken ahold of the country and has resulted in an explosion of new microbreweries and enthusiasts. Several websites, like BeerSmith, allow users to share recipes with others; other...more

BoozeLaw: Automated Service of Beer and Wine Available to Michigan Licensees

Fifty years in the future, historians will likely consider this decade (incidentally, there should be a more a creative moniker for this period than the "20-10s" or "10s") as the advent of true automation. Following...more

Free Beer? Think Again: Liability Considerations for Brewers with “Free Beer” Policies for Employees

One of our blog posts last month — Last Call: Labatt Phases Out Retiree Perk of “Free Beer For Life” — discussed the fallout from Labatt’s recently announced decision to phase out its longtime practice of providing “free beer...more

Craft Breweries Settle Beer Trademark Dispute

This month, Orange County-based Bootlegger’s Brewery, LLC (“Bootlegger’s”) settled its beer trademark dispute and federal lawsuit with Louisiana’s Abita Brewing Company, Inc. (“Abita”). How can a craft brewery protect...more

Pa.L.C.B. Opinion Allows Brewery Storage Locations to Sell Wine and Spirits and More

With the passage of Act 166 of 2016, which went into effect Tuesday, and Act 39 of 2016, G license holders may now sell beer and cider produced by other Pennsylvania breweries, wine produced by Pennsylvania limited wineries,...more

“Pardon Me, PORTON,” says PATRON, “But We Heard You”

Pisco is a light-colored brandy traditionally produced in portions of Peru and Chile.  One brand that offers this product in the United States is PISCO PORTÓN (the later word meaning “gate” in Spanish)....more

Another Round! – Second Set of Changes to Liquor Code Take Effect on January 16, 2017

Although short of complete liquor privatization in Pennsylvania, 2016 saw some of the most significant changes to the Commonwealth’s liquor laws in decades. In June of 2016, House Bill 1690 went from a bill that was dead in...more

Boozelaw: TTB Adopts Changes Designed to Benefit Startup Brewers, Winemakers and Distillers

For certain brewers, wine makers and distillers, the gift-giving season did not necessarily end in December. The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently announced it has adopted changes that may impact the tax...more

DC Council Passes Amendments to Alcohol Beverage Code

In early December 2016, the Council of the District of Columbia (the Council) unanimously passed the Omnibus Alcoholic Beverage Regulation Amendment Act of 2016 (the Act). The Act amends a number of provisions of DC’s alcohol...more

Craft brewery startups: Early stage IP considerations

By all accounts, as we head into 2017, the craft beer industry will continue to experience tremendous growth. This is due to primarily to increasing consumer demand. Also, favorable legislation in some states should help fuel...more

Last Call: Labatt Phases Out Retiree Perk of “Free Beer For Life”

In a major blow to its retired workers, Labatt, one of Canada’s largest breweries, has recently announced the end of a decades-long practice of providing “free beer for life” to retirees from the brewery. Since the 1970s,...more

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