News:

On Tuesday, October 22nd, the New York State Liquor Authority held a meeting for attorneys and representatives of alcohol beverage licensees to discuss internal changes, the addition of staff, increased application processing times, and common application mistakes that result in application deficiencies. Highlights of the meeting included:   Increased Application Processing Times: Application processing times have increased from 21 weeks to 26 weeks, but the filing receipt time has decreased to 2 1/2-3 weeks. Self certified applications process about 30 days sooner than non-certified applications. Brand label application processing times are up to 30 days from receipt of application.   Ways in which licensees and their representatives can avoid unnecessary delays: Licensing receives about 300 emails per day. When possible, avoid sending emails to the general licensing inbox. If you have a question regarding wholesale trade practice matters, brand label registrations, or price posting, you should email the wholesale bureau at Wholesale.Bureau@sla.ny.gov. If you have questions specific to craft licenses, you should email craftbev@sla.ny.gov. The SLA is seeing many deficiencies in applications for mistakes that can easily be avoided. For example, diagrams should be basic and easy to understand. Do not use architectural drawings as this will slow down the time it takes to review your application and may result in a deficiency. Floors of buildings should be clearly labeled and it is recommended that each floor within a licensed premises have its own diagram for clarity. All leases provided to the SLA should include a default clause. Be sure that bank statements provided to the SLA…

The Craft Beverage Modernization and Tax Reform Act (CBMTRA) has no doubt benefited those in the alcohol beverage industry. The tax relief under the CBMTRA is set to expire at the 2019. Industry members, including the American Craft Sprits Association (ACSA), are working hard to extend the tax benefits under the CBMTRA indefinitely. If you want to learn about the following: Outlook of the current status of tax legislation and extension efforts; Possible impact to your clients on December 31, 2019; If and how other issues, like the impeachment proceedings, could impact the Congressional agenda. Then please join ACSA’s public policy counsel, James Hyland of the Pennsylvania Avenue Group, on October 16th at 3pm EST for a complimentary webinar.

Posted in ACSA, alcohol beverage law, Craft Spirits, Distribution, TTB | Tagged ACSA, CMBA, Taxes | Comments Off

By way of update on the possibility of the United States Postal Service shipping alcohol and the USPS Shipping Equity Act, which would allow the USPS to ship alcoholic beverages directly from licensed producers and licensed retailers to consumers over the age of 21.  Shipments under the Act would still have to comply with all state and local laws regarding licensing and delivery requirements.  According to Rep. Speier, last year direct-to-consumer shipments totaled over $3 billion nationally.  Allowing USPS to participate will increase competition and access for both shippers and consumers. After consultation, additional language is proposed, below: NO PREEMPTION OF STATE, LOCAL, OR TRIBAL LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR SALES. Nothing in this section, the amendments made by this section, or any regulation promulgated under this section or the amendments made by this section, shall be construed to preempt, supersede, or otherwise limit or restrict any State, local, or tribal law that prohibits or regulates the delivery, shipment, or sale of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act (27 U.S.C. 211)). LIABILITY OF THE UNITED STATES POSTAL SERVICE. The United States District Courts shall have jurisdiction to render judgment upon any claim brought by a State, local, or tribal government against the United States Postal Service of a violation of State, local, or tribal law regarding the sale, mailing, transportation, or importation of alcoholic beverages into any State, territory, or district of the United States. The…

Posted in alcohol beverage law, Three Tier System, TTB | Tagged DTC, shipping, USPS | Comments Off