Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law
On March 25, 2014, the New York State Liquor Authority (SLA) accepted a conditional no contest offer from Empire Merchants LLC., a New York wholesaler, for selling products at deep discounts to select retailers. The SLA stated, “the Alcoholic Beverage Control law requires that wholesalers of wine and spirits post their prices monthly with the SLA in order to ensure…
The brewers association recently released its list of the Top 50 US craft breweries. The top spot goes to Boston Beer Co. Rounding out the top five are Sierra Nevada, New Belgium Brewing, Gambrinus, and Lagunitas. To see the complete list follow this link: http://www.brewersassociation.org/attachments/0001/4525/CBP13_Top_50.pdf
Celebrity chef Mario Batali will temporarily close the wine store at his Italian market, Eataly, for six months and pay a $500,000 fine to the New York State Liquor Authority (“SLA”) as part of a settlement with the SLA. Some of Batali’s business partners in this and other SLA licensed locations also own an interest in an Italian winery. It…
I. The Alcohol and Tobacco Tax and Trade Bureau (“TTB”) announced it will publish a final rule in the Federal Register amending the regulations in 27 CFR part 73 to allow industry members to submit certain forms electronically rather than submitting originals. Original forms and other records must still be retained by the industry member. This amendment now allows applying…
The TTB ‘s Alcohol Beverage Sampling Program is TTB’s survey of products in the marketplace. In short, the TTB purchases product from retailers and tests them to be sure the products inside the bottles match the claims displayed on the labels. The results of the sampling program over the past few years, according to TTB, “show that proofing and gauging…
Nevada’s Attorney General, Catherine Mastro, sent out an open letter to alcohol beverage retailers, wholesalers and suppliers. The TTB settlement of just two years ago should still be fresh in the industry’s mind, but this open letter eliminates the grey area and lists 14 requirements that all the tiers must follow: – No Loans from Wholesaler to Retailer – No…
Currently, Florida law requires retailers to operate a separate store if they want to sell spirits. At Costco and Publix, for instance, there are liquor stores adjacent to the markets with a separate entrance. Beer and wine, meanwhile, is sold inside the market. Bills now in the Florida House and Senate (HB 877, SB 804) may undo that requirement. “It’s…
The U.S. Supreme Court declined to review a trademark dispute over Stolichnaya vodka. The lower court’s decision remains, which held that a Russian state-owned company lacked standing to challenge use of the mark in the U.S. As reported by Law 360, Federal Treasury Enterprise Sojuzplodoimport (“FTE”), “a government company that under Russian law has some authority over the vodka’s trademark,…
The New York State Liquor Authority (“SLA”) prohibits specials for an unlimited number of drinks during any set period of time for a fixed price. It is also prohibited to create drink specials which, in the judgment of the SLA, are an attempt to circumvent the law. For instance, offerings of free drinks, or multiple drinks for free or for…
The Tax Foundation recently released its latest maps of state tax rates on beer, wine and spirits. Taxes vary widely across the country. For instance, beer taxes range from $.02 per gallon in Wyoming to $1.17 per gallon in Tennessee; $3.56 per gallon of wine in Kentucky to $.11 in Louisiana; and $35.22 per gallon of spirits in Washington to…
