News & Analysis as of

Pennsylvania Liquor Control Board Releases Guidance for Licensees Looking to Sell Wine-to-Go

Recently, the Pennsylvania Liquor Control Board released the “Licensee Guide for Wine-to-Go Sales” that can be found here. The guide provides information on licensing and permits, product selection, assortment/demand...more

OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)

The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address...more

RAMP Under Act 39 of 2016: Who is Required to Complete Server/Seller Training

As you may be aware, Act 39 of 2016 (“Act 39”) took effect on August 8, 2016, and it brought with it much confusion with regard to the many aspects of the Liquor Code. One area that has brought the most confusion is with Act...more

Uncorked: Act 39 of 2016 Expands Wine Sales in Pennsylvania

Pennsylvania wine enthusiasts rejoiced when, on June 8, 2016, Governor Tom Wolf signed into law PA House Bill 1690, now known as Act 39 of 2016 ("Act 39"). Act 39 made sweeping changes to Pennsylvania's Liquor Code, loosening...more

Convenience Stores and Grocery Markets: Are You Ready to Sell Wine To Go?

As many Pennsylvania residents are now aware, on June 8, Governor Tom Wolf signed House Bill 1690 into law. More commonly known as Act 39, it becomes effective just days away – on August 8....more

Liquor Control Board Weighs in on Alcohol Law Changes in Pennsylvania

Of particular interest to Pennsylvania residents and those doing business in the Commonwealth is the focus on expanding the location and availability of alcohol beyond traditional licensees. A month after Act 39 of 2016...more

What You Need to Know About the New Liquor Law

The law removes certain restrictions on the hours during which Pennsylvania Liquor Stores can sell alcohol, instead giving the Board the discretion to determine the appropriate hours for retail sales. For example,...more

Pennsylvania Revisits its Age-Old Liquor Laws

On June 8, 2016, Pennsylvania Gov. Tom Wolf signed a bill into law that will broaden the liquor laws in the state. Scheduled to go into effect in early August 2016, the bill contains something for a broad range of...more

Less Whine, More Wine: HB 1690 Loosens Restrictions on Direct to Consumer Shipping for Wineries

On June 13, 2016, Governor Wolf signed into law House Bill 1690, which is considered one of the more significant liquor reform bills in Pennsylvania since Prohibition. Today’s blog is a continuation of our series that...more

New Pennsylvania HB 1690: The Cidery Dilemma

As promised, I will continue to outline nuances of the new changes to the Pennsylvania Liquor Code and choices that consumers, manufacturers, wholesalers and retailers can make. HB 1690 will become effective in early August...more

Big Changes Coming to Pennsylvania's Alcoholic Beverage Market

On June 8, Pennsylvania Governor Tom Wolf signed into law the first major overhaul of the Commonwealth’s Liquor Code since the end of Prohibition. Wolf heralded the measure as enhancing customer convenience while providing...more

Proposed New North Carolina Law Would Allow Distilleries to Sell Direct to Consumers Outside the State at the Distiller’s Price

North Carolina House Bill 169, the Regulatory Reduction Act of 2016, proposes to authorize North Carolina distilleries to “better complete nationally and internationally” through two important changes: (1) increasing the cap...more

Christmas Comes Early for the Pennsylvania Liquor Industry: Governor Wolf Signs Liquor Modernization Bill into Law

Christmas has come early in 2016 for the Pennsylvania wine, liquor and malt or brewed beverage industry: on June 8, Governor Tom Wolf signed House Bill 1690 in law. While the bill does not provide for the privatization of the...more

Worth Another Look: Liquor Reform

Much to the frustration of Pennsylvania liquor consumers, wine and spirits are only available for purchase at state-run liquor stores. The system, often described as irritating, antiquated and inconvenient, has been at the...more

Cook County Circuit Court Dismisses 201 False Claims Act Lawsuits

At a hearing yesterday, Cook County Circuit Judge James Snyder granted the State of Illinois’ (State) Motion to Dismiss 201 Illinois False Claims Act (FCA) cases filed by the law firm of Stephen B. Diamond, PC (Relator)...more

Discounting Alcoholic Beverages

Happy hours, daily drink specials, and promotions are popular incentives used by retail licensees to attract business, remain competitive, and satisfy their customers’ expectations. In implementing these practices, however,...more

A Signed Declaration Of Age Card Is Not The Only Defense To Prosecution For Selling Alcoholic Beverages To A Minor

The verification process of having purchasers complete a declaration of age card is overly burdensome on the licensee, especially at busy nightclubs, taverns, and restaurants. The licensee must weigh valid customer demands...more

Closing Time: Liquor License Considerations in Hospitality Transactions

In today’s increasingly competitive hospitality market, the closing timeframe of sophisticated hospitality transactions has become a significant point of negotiation between sellers and purchasers. One factor that frequently...more

Consumer Class Actions Against Liquor Producers Follow Familiar Path

Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more

Week in Review - January 2015

Committee deadlines for the 2015 session were established this week: - March 20, committees must act favorably on bills in the house of origin; - March 27, committees must act favorably on bills, or companion...more

The Sober Truth of New Jersey’s BYOB Law and the Acquisition of a Liquor License

New Jersey became home to America’s first commercial distillery when, in 1780, an immigrant from Scotland established an Applejack production facility in what is now Colts Neck. Since that time, New Jerseyhas become the...more

Open-Carriers Pose a Threat to Restaurants with Liquor Licenses

Regardless of their personal stance on any hot-button social issue, most business owners do not want their place of business to be the focus of demonstrations on that issue – wisely so, because rarely does being the focus of...more

Illinois Supreme Court Rejects Due Process Challenge to Liquor License Revocation

When a liquor licensee’s former manager is convicted of conspiring to violate the federal Money Laundering Act, can the licensee be summarily stripped of its liquor license, based upon the criminal trial transcript, a...more

So A Man Walks Out of a Bar . . . Applying the Liquor Liability Exclusion to a Drunken Pedestrian

In State Automobile Mutual Ins. Co. v. Lucchesi, ___ Fed. Appx. ___, 2014 WL 1395690 (3d Cir. Apr. 11, 2014), the U.S. Court of Appeals for the Third Circuit upheld summary judgment for State Auto and concluded that a liquor...more

Sixth Circuit Holds Liquor Liability Exclusion Inapplicable to Dram Shop Case

In its recent decision in Mid-Continent Ins. Co. v. Coder, 2014 FED App. 0295N (6th Cir. Apr. 21, 2014), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider the application of...more

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