Handle Legal Issues in the Alcoholic Beverage Business
Starting an alcoholic beverage business presents the aspiring brewer, distiller or winemaker with an enormous challenge. From obtaining licenses and permits, to financing facilities and expensive equipment, to navigating complex state and federal rules and regulations, each decision must be made with care. Do you have the information you need to help your clients get their small businesses off the ground? Our experienced faculty will equip you with the tools you need to navigate the most common legal issues alcoholic beverage producers will encounter. Explore the essentials of alcoholic beverage law - order today!
- Review the regulatory framework of alcohol law and identify key federal and state agencies.
- Learn how to obtain the necessary licenses and approvals from the TTB and other regulators.
- Avoid costly mistakes related to alcoholic beverage labeling and trademarks.
- Gain insight into how to overcome unique financing challenges faced by breweries, distilleries and vineyards.
- Handle distribution challenges and negotiate agreements with wholesalers and other retailers.
10:00 am to 5:00 pm Eastern Standard Time
- Alcohol Law Regulatory Framework
10:00 - 11:00, D. Taylor Harper
- How the Regulatory Framework Came to be
- Key Federal Agencies and State Equivalents
- The Three-Tier System Deciphered
- Alcoholic Beverage Taxes Demystified
- Making Sense of Tied House Regulations
- Alcoholic Beverage Labeling, Licensing and Trademarks
- Case Law and Legislative Update
- How to Start a Brewery
11:15 - 12:15, D. Taylor Harper
- Transitioning From Home Brewer to Brewery: Legal Issues
- Obtaining Financing for Breweries and Brewing Equipment
- Business Entity Selection for Breweries
- Obtaining Licenses From the TTB
- Getting Licenses and Approvals from Other Regulators
- Breweries vs. Brewpubs
- How to Start a Distillery
12:45 - 1:45, Peter H. Schelstraete
- Can Distillers Practice Before They Get a License?
- Financing the Purchase of Stills, Aging Casks and Storage Facilities
- Key Issues When Selecting a Production Plant Site
- Distilled Spirits Licensing Procedures
- Complying with Reporting, Inspection and Safety Requirements
- Tasting Room Rules and Regulations
- How to Start a Winery
1:45 - 2:45, Jeffrey C. O'Brien
- Navigating Land Use and Zoning Laws
- Environmental Compliance Issues in Wine Production
- FSMA and FDA Regulations for Wineries
- Wine-Specific TTB Labeling Requirements
- Do I Need Crop Insurance?
- Legal Issues with On- and Off-Premise Sales of Wine
- Bringing Alcoholic Beverages to Market: Distribution Agreements and More
3:00 - 4:00, Jeffrey C. O'Brien
- Licensing States vs. Control States
- When Do You Need a Distributer? 3-Tier System Exceptions
- When Do You Need a Distribution Agreement?
- Negotiating Wholesaler Agreements to Minimize Future Litigation
- Allowing for Price Changes, Termination, etc.
- Other Must-Have Provisions
- Example Distribution Agreements
- Walking the Ethical Line
4:00 - 5:00, Peter H. Schelstraete
- Ethical Standards and Civil Liability
- The Role of the Attorney as Advisor in Entity formation
- Conflicts of Interest
- Fees and Charges
This program is designed for attorneys. Accountants and paralegals may also benefit.