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 Alcohol and Tobacco Tax & Trade Bureau (TTB) continues to make its presence known in the unfair trade practice arena. The TTB has accepted a $900,000 offer in compromise from Warsteiner Importers Agency Inc. for alleged violations of the trade practice provisions of the Federal Alcohol Administration (FAA) Act. The allegations include violations of 27 U.S.C. 205(a) (Exclusive Outlet), 27 U.S.C. 205 (b)(Tied House), 27 U.S.C. 205 (c) (Commercial Bribery), and 27 U.S.C. 205 (d) (Consignment Sales). With the increased resources allocated to the TTB, it’s evident that enforcement of the unfair trade practice provisions remain a top priority. For basics on pay-to-play violations, see this article.

Posted in alcohol beverage law, TTB | Tagged tied house, TTB | Comments Off