Category archives for “Alcohol law”

California Alcoholic Beverage Legislative Update

December 08, 2017

With the close of the 2017 legislative session, Governor Brown signed several new alcoholic beverage bills into law, which will become effective on January 1, 2018. Two of the more controversial bills failed to make it through the legislative process – SB 254 would have further regulated alcohol delivery services and SB 384 (renamed) would have allowed on-sale licensees to apply to the ABC to extend hours of sale and service to 4 am. While dead in the water at the close of this session, these closely watched bills are expected to surface again in upcoming legislative sessions.

Joint Tasting Room for Beer and Wine Manufacturers

AB 997 provides an exception to the restriction that prohibits a licensee from having alcoholic beverages on its licensed premises other than the type that the licensee is authorized to sell. Business and Professions Code Section 25607 is amended to allow a licensed winegrower (Type 02) and a licensed small beer manufacturer (Type 23) to share a joint tasting room, so long as it is adjacent to the area where both of the licensees hold production licenses. The privilege is not extended to holders of large beer manufacturer licenses (Type 01), nor does it apply to branch office locations (duplicate licenses).

Mandatory Server Training

AB 1221 establishes the Responsible Beverage Service (RBS) Training Program Act of 2017 and requires the ABC to “develop, implement, and administer a curriculum for an RBS training program” by January 1, 2020. Beginning July 1, 2021, all alcohol servers will be required to complete an RBS training program. Alcohol servers include employees of on-sale licensees who serve alcoholic beverages, any person who supervises or manages such an employee, and a designee for alcoholic beverage sales and service pursuant to a temporary license. The training will include instruction on state laws and regulations relating to alcoholic beverage control and driving under the influence, the social and physical impacts of alcohol, and intervention techniques to prevent sales to underage and intoxicated persons. Training may be provided by the ABC for a maximum fee of $15 or through an accredited agency as approved by the ABC. The provisions of the RBS Training Program will be found in newly added Business and Professions Code Sections 25680 – 25686.

Beer Manufacturers May Provide Free or Discounted Rides

AB 711 amends Business and Professions Code Section 25600 to allow beer manufacturers to provide free or discounted rides to consumers for the purposes of furthering public safety. Such free or discounted rides, so long as not conditioned on the purchase of an alcoholic beverage, provide an exception to the prohibition on giving any premium, gift or free goods in connection with
the sale or distribution of alcoholic beverages. Beer and wine wholesalers are prohibited from participating and beer manufacturers are prohibited from providing a gift or anything of value directly or indirectly to a licensed retailer.

For more information about the recent changes to California’s alcohol laws, contact an attorney at Strike & Techel.


Strike & Techel is hiring!

March 27, 2015

Strike & Techel LLP, a law firm specializing in alcoholic beverage law, is seeking an associate attorney with 2-5 years of law firm experience and enthusiasm for the alcoholic beverage field. The firm represents a broad range of clients, including producers (wineries, breweries and distilleries), importers, retailers, advertising/promotional agencies, and other related beverage industry businesses. S&T provides comprehensive counsel on a variety of topics relevant to our clients. We handle alcohol-specific matters such as regulatory compliance, dealings with state and federal alcohol agencies, and alcohol licensing, as well as general legal matters such as trademark registrations, contract drafting and review, purchase and sale transactions, etc. For more information about the firm, visit www.strikeandtechel.com.

Alcohol beverage law experience is highly desirable but not mandatory. The selected attorney will be responsible primarily for corporate matters and alcohol licensing projects. Strong corporate/transactional skills are essential, and familiarity with entity structuring and operating agreements/bylaws, commercial leases, and conditional use permits is preferred. The ideal applicant will have strong analytical, writing and communication skills, an engaging personality and a sense of humor.

If you think that you’d be a great fit with us, please send us your resume, a short sample blog post (modeled on the ones on our website) about a current alcoholic beverage issue that has caught your attention, a cover letter, references and salary requirements. In the cover letter, please tell us why you chose the issue in your sample blog post and why you are interested in alcoholic beverage law. We
will be accepting resumes through the end of April at .(JavaScript must be enabled to view this email address).


New California ABC Advisory on Merchandising Services by Suppliers

January 07, 2015

In December 2014, the California ABC posted a new Industry Advisory about merchandising services. Free services provided by suppliers to retail licensees, such as stocking shelves, pricing inventory, rotating stock, etc., are prohibited things-of-value under California Business & Professions Code sections 25500 and 25502. However, a number of permitted exceptions are separately provided for in Section 25503.2. The Advisory was posted in response to inquiries and complaints about the scope of permissible activity. When ABC receives multiple complaints about impermissible conduct, investigations and license accusations may well follow, so it would be prudent for suppliers to review the scope of permissible merchandising activities.

Permitted activity varies depending on the type of retailer and the products involved so we created a simple chart below to help keep it straight.

Note that in all cases, any merchandising activities can only be done with the retailer’s permission. In no case can a supplier move the inventory of another supplier, except for “incidental touching” to access the space allocated to the licensee providing the merchandising service.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2015 · All Rights Reserved ·


New Jersey to Vote on Winery Direct Shipping

December 14, 2011

The New Jersey Senate will vote on a direct shipping bill this Thursday, December 15, 2011, called S-3172 in its current form. If passed into law, New Jersey Farm Wineries, New Jersey Plenary Wineries that produce 250,000 gallons or less of wine a year, and out-of-state wineries that produce 250,000 gallons of wine or less each year and that obtain an out-of-state shipping license would be able to ship up to 12 cases of wine per year to any New Jersey consumer. With passage of the bill, New Jersey would join the 38 states that currently allow direct wine shipping to consumers in some form, including Maryland and New Mexico as of earlier this year. However, the “capacity cap” for out-of-state wineries of 250,000 gallons per year remains a point of contention, as that limit would preclude the majority of California wineries from shipping to New Jersey consumers. Stay tuned to find out how the New Jersey Senate votes!

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2011 · All Rights Reserved ·


We’ve Moved!

July 27, 2011

Strike & Techel has moved offices. We’re still here for all your legal questions about the alcoholic beverage industry, but now you can find us at 556 Commercial Street, San Francisco, CA 94111.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010-2011 · All Rights Reserved ·


Spirits Tastings Approved In Tennessee

June 27, 2011

Earlier this month, Tennessee became the 35th state to allow spirits tastings, with the passage of Senate Bill 1224, which will permit restaurants, bars, and liquor stores to offer limited alcohol sampling. The bill, which was signed into law on June 10thand is codified at Tennessee Code Annotated Section 57-3-404(h)(2), will allow spirits retailers to conduct tastings for “sales, education, and promotional purposes.” Similar to tasting laws in most other states, spirits wholesalers may not take part in the events, and are specifically precluded from directly or indirectly providing any “products, funding, labor, support or reimbursements to a retailer.” The Tennessee Alcoholic Beverage Commission will be establishing rules specifying how tastings must be conducted.

Tennessee is among a growing list of states that have authorized limited tastings since 2009, joining California, Maine, Michigan, New Jersey, Vermont, Virginia, and Washington.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010-2011 · All Rights Reserved ·


Supreme Court Denies Certiorari for Wine Country Gift Baskets.com Case

March 07, 2011

As we mentioned last Monday, the Supreme Court was toying with the decision to grant certiorari to Wine Country Gift Baskets.com, et. al., v. John T. Steen Jr., et. al., a case that dealt with Commerce Clause and Twenty-First Amendment issues as they pertain to wine retailers inside and outside the state of Texas. The Supreme Court Justices took the case to conference three times and today finally issued their order denying certiorari. No reasoning for the certiorari denial was given, although such explanations by the Court are often not provided. This means that the Fifth Circuit decision, which upheld Texas’ law prohibiting out-of-state wine retailers from shipping wine directly to Texas consumers while allowing in-state wine retailers to ship wine directly to Texas consumers, will remain the final decision on the case. If you are interested in reading the Fifth Circuit’s opinion for the case, it can be found here.

Imbiblog is published for general informational purposes only and is not intended as legal advice. Copyright © 2010-2011 · All Rights Reserved ·


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