News & Analysis as of

Wineries

Norris McLaughlin, P.A.

Beer and Pizza? Yes. Wine and Pizza? No. Home Delivery of Wine Practically Impossible for Restaurant Licensees Under Liquor Code

by Norris McLaughlin, P.A. on

Do you like wine with your pizza? There’s now an app that helps you choose the perfect bottle to match your toppings, but there’s a catch and the Pennsylvania Liquor Code is responsible for it. If you like beer with your...more

Dickenson Peatman & Fogarty P.C.

Monterey County Wines Subject to New Conjunctive Labeling Requirements

Are you planning on bottling and labeling any wines with the name of a Monterey County AVA in the new year? Then you’ll need to comply with a new conjunctive labeling requirement. See Cal. Business and Professions Code Sec....more

Norris McLaughlin, P.A.

New Opportunities for Liquor Licenses in Monmouth County

by Norris McLaughlin, P.A. on

On August 17, 2018, Governor Murphy signed an amendment to New Jersey’s Alcoholic Beverage Law that will expand the number of on-site retail consumption licenses available in Eatontown, Tinton Falls, and Oceanport – the three...more

McDermott Will & Emery

Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review

by McDermott Will & Emery on

The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers. Lebamoff Enterprises v....more

McDermott Will & Emery

US Supreme Court to Review State Residency Requirements

by McDermott Will & Emery on

The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about state powers under the 21st...more

Dickenson Peatman & Fogarty P.C.

Federal Court Rules in Favor of Wine Retailer DTC Shipments

Wine retailers received a double dose of good news last week. As we reported earlier, on Thursday, the U.S. Supreme Court agreed to hear an appeal by the Tennessee Wine and Spirits Retailer Association in a case...more

Dickenson Peatman & Fogarty P.C.

U.S. Supreme Court Decision May Open the Door (Or Slam it Shut!) On Direct to Consumer Shipping by Retailers

The Supreme Court of the United States has agreed to hear the appeal in a case that could drastically change the landscape for direct to consumer wine shipments by retailers in the United States. On Thursday September 27,...more

Dickenson Peatman & Fogarty P.C.

New Law on Winery Social Media Ads for Certain Retailer-Hosted Events

Governor Brown recently signed into law AB2452, a bill that grants wineries broader privileges in the use of social media to promote certain events held at retailer premises, such as winemaker dinners. The bill was introduced...more

Norris McLaughlin, P.A.

Do You Want to Sell a Martini at Your Brewery, Winery, or Distillery in Pennsylvania? The Vermouth and Other Alcoholic Mixers Must...

by Norris McLaughlin, P.A. on

We have been asked the following question numerous times from clients: if there is not a distillery in Pennsylvania that makes a certain spirit, can we use one from out-of-state? The answer is always no, because Pennsylvania...more

Farella Braun + Martel LLP

San Francisco Bay Regional Water Board Adopts General Permit for Vineyard Properties in the Napa River and Sonoma Creek Watersheds

Over the last several years, the Regional Water Quality Control Board, for the San Francisco Bay Region (Water Board), determined that adoption of Waste Discharge Requirements were needed to better protect the Napa River and...more

McDermott Will & Emery

Son of Granholm Inches Closer

by McDermott Will & Emery on

Two recent developments reinforce my expectation that the Supreme Court will need to clarify the scope of its 2005 Granholm v. Heald decision within the next few years. Granholm struck down state restrictions on the...more

Norris McLaughlin, P.A.

I’m an Out-Of-State Distributor and I’m Being Sued in New Jersey?

by Norris McLaughlin, P.A. on

In the recent case of Winebow, Inc. v. Rhode Island Distributing Co., LLC, a Rhode Island-based wine distributor found itself spending more time in the Garden State than it would have hoped. In that case, New Jersey-based...more

Dickenson Peatman & Fogarty P.C.

Updated Groundwater Basin Priorities May Bring Regulation to North Bay Wine Counties

The 2014 Sustainable Groundwater Management Act (SGMA) requires every groundwater basin in California ranked medium and high priority to be managed by one of more Groundwater Sustainability Agencies (GSAs) pursuant to an...more

McDermott Will & Emery

TTB to Allow Proprietors to Request Alternating Premise Variances for Storage of Tax- and Non-Tax-Determined Commodities

by McDermott Will & Emery on

On May 16, 2018, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued Industry Circular 2018-3, allowing proprietors of distilled spirits plants (DSPs), bonded wine cellars (BWCs) and breweries to submit a request for a...more

K&L Gates LLP

Washington State Issues its First Winery General Permit

by K&L Gates LLP on

On May 17, 2018, Washington issued its first Winery General Permit (“Permit”) to regulate discharges of process wastewater from wineries to land, groundwater, and wastewater treatment plants under the authority of the State...more

McDermott Will & Emery

California Court of Appeal Holds That “Safe Harbor” Defense Precludes Suit Based on Presence of Inorganic Arsenic in Wines

by McDermott Will & Emery on

Last month, the Court of Appeal of California, Second Appellate District, Division Four, issued an opinion in Charles v. Sutter Home Winery, Inc. (2018 Cal. App. LEXIS 418*; 2018 WL 2126987). The court considered the...more

Downey Brand LLP

Winemakers Prevail in Arguing That Providing Current Safe Harbor Warning for Alcoholic Beverages Is Compliant with Prop 65

by Downey Brand LLP on

On May 9, 2018, the Second Appellate District held in Charles et al. v. Sutter Home Winery, Inc., et al. that several winemakers that provided general Proposition 65 safe harbor warnings for alcoholic beverages on their...more

McDermott Will & Emery

TTB Announces Extension of Tax Credits for Wines Stored at Bonded Wine Cellars and Bonded Wineries

by McDermott Will & Emery on

On May 17, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an Industry Circular, No. 2018-1A, clarifying that under the recently-enacted tax reform legislation (Tax Act), wineries may tax determine and tax pay wine...more

Davis Wright Tremaine LLP

Expansion of TTB Wine Excise Tax Credit “Alternate Procedure”

by Davis Wright Tremaine LLP on

This advisory is an update to DWT’s prior advisory on the Tax Cuts and Jobs Act of 2017 (the “Act”), dated March 7, 2018. On May 17, 2018 the TTB formally expanded the use of the “alternate procedure” or “transfer by...more

Dickenson Peatman & Fogarty P.C.

TTB Extends Alternate Procedure For Excise Taxes Credits through 2019

Yesterday, May 17, 2018, TTB announced in Industry Circular 2018-1A that it is extending until December 31, 2019 the ”Alternate Procedure” under which wine producers can tax pay wine stored at bonded tax wine cellars (“BWC”)...more

Stoel Rives - California Environmental Law

A Prop. 65 Win for Winemakers: No Separate Warning Required for Inorganic Arsenic

The California Court of Appeal recently handed a victory to winemakers, ruling that a specific Proposition 65 (“Prop. 65”) warning is not required regarding the presence of inorganic arsenic. The lawsuit, Charles et al. v....more

Lane Powell PC

Washington Wineries Facing Wastewater Permit Requirements

by Lane Powell PC on

Sustainability has been a growing trend among many businesses, as much for the economic benefit as a desire to lessen the environmental impact of a facility. Often the effort to reduce, reuse and recycle is voluntary, while...more

Farella Braun + Martel LLP

New California Laws Restrict Employer Access to Criminal and Pay Histories

If you are planning to hire new employees to work in your winery, you should be aware of two new employment laws that restrict employers from obtaining and relying upon certain information about job applicants. Originally...more

Smith Anderson

Draft North Carolina Tax Legislation Released

by Smith Anderson on

On April 11, 2018, the General Assembly’s Revenue Laws Study Committee released a draft tax bill for possible introduction in the legislative session that convenes May 16. This Alert provides a summary of the more important...more

Dickenson Peatman & Fogarty P.C.

Grapegrowing and FSMA Compliance

As of 2018, winegrape growers are now required to adhere to the burdensome requirements of the Food Safety Modernization Act (FSMA) Produce Safety Rule when selling winegrapes to wineries for processing. However, most...more

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Updated: May 25, 2018:

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