Wine Business Monthly explains, in an article written by John and published in the April 2018 edition, how to navigate the alcoholic beverage regulatory system. The article analyzes best practice route to market and marketing plans with an emphasis on advising new entrants to the business. The article is reprinted here for readers of Booze Rules.
Read MoreAlcohol and Cannabis Ventures: Top 5 Legal Considerations
When we started our cannabis practice, we did not know where our clients would necessarily come from, but we knew we had to be a part of the end of prohibition, having missed the last one that shaped so much of our current alcohol practice. While we work with many independent cannabis cultivators, manufacturers, distributors, and retailers, much of our cannabis work also comes from our existing client base of winemakers and vineyard owners, brewers, distillers, restaurants, hotels, venues, private clubs, caterers, service providers, and investors, who want to diversify their investments. All eyes are on California cannabis; if it can be added onto existing alcohol and hospitality operations to serve the newly legalized consumer base, all the better.
Read MoreATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
By Robert M. Tobiassen, Compliance Consultant and former Chief Counsel, TTB
Forward by John Hinman: We asked Rob why TTB was structured the way it was, what we can expect to happen as the 2019 budget is implemented and what kind of TTB enforcement policies will be in place going forward. He responded with the history and status of the agency, and his prognosis for the future, based on his long experience in Washington DC. This article is must reading for every professional in the alcoholic beverage industry who interfaces with the TTB.
Introduction
Disruption is the descriptive word du jour used by every industry experiencing change and challenges in its global supply chain, manufacturing models, distribution channels, and attracting and retaining consumers. The Trump Administration is similarly disrupting Executive Branch agencies through its political appointees, program change mandates, and budget reallocations. TTB is not exempt from this disruption and the fiscal year 2019 proposed budget foreshadows a possible second divorce for ATF and TTB that could alter the culture of TTB. Industry members and other stakeholders learned lessons from the first agency divorce in 2003, specifically about how criminal law enforcement agencies function. It behooves everyone today to pay heed to these lessons of history as the proposed budget moves forward.
Read MoreSTRIKE 3 - YOU REALLY ARE OUT! THE ABC'S STRICT APPLICATION OF PENALTIES FOR SALES TO MINORS
The ABC’s Strict Application of Penalties for Sales to Minors
By John Edwards and John Hinman
The Modern History of the Use of Decoys to buy Alcohol
Hinman & Carmichael has been representing licensees charged by the ABC with sales to minor decoy violations for over 30 years. We have defended hundreds of cases during that period. We appealed one particularly egregious minor decoy case in 1992 on a constitutional defense. Our grounds for appeal were that the program was entrapment, there were no standards of conduct of the program that made it fair and there was no statutory exception allowing the program to exist. Because of our appeal, the entire state-wide decoy program was suspended for almost two years before the California Supreme Court ruled in 1994 that law enforcement could use minor decoys provided there were standards. We ultimately prevailed to the extent that the industry, in Rule 141 in 1996, established required standards of law enforcement conduct when running minor decoy programs.
Read MoreTTB Temporarily Fixes Problem with Fulfillment Warehouse Tax Credits - an “Alternate Procedure” for Paying Taxes & Reporting
By Erin Kelleher and Rob Tobiassen, Compliance Consultant and Former Chief Counsel (TTB)
On Friday, TTB issued an industry circular to help winery licensees struggling with an unintended consequence of the Tax Cuts and Jobs Act (the “Act”) - - which became effective on January 1 of this year. The “fix” to the problem described below is only temporary and expires on June 30, 2018. Hopefully that is enough time for a permanent solution to be adopted in a technical corrections bill, or by Rule change.
Read More- The California Cash and Credit Laws: Moving to Mandatory Electronic Fund Transfers Between Wholesalers and Retailers on January 1, 2026 – Cash is no longer Legal Tender
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- Economically Surviving the Covid Crisis and the Shelter in Place Orders: A Primer on Regulatory interpretations and Options
- Booze Rules – Hinman & Carmichael LLP and the Corona Virus
- Booze Rules: 2020 and the Decade to Come – Great Expectations (with apologies to Charles Dickens)
- The RBS Chronicles: If Your Business serves Alcoholic Beverages YOU NEED TO READ THIS AND TAKE ACTION!
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- The TTB Crusade Against Small Producers and the “Consignment Sale” Business Model
- TTB Protocols, Procedures, and Investigations
- Wine in a 250 ML can – the Mystery of the TTB packaging Regulations and Solving the Problem by Amending the Regulations
- The Passing of John Manfreda of the TTB: a Tragedy for his family and a Tragedy for the Industry he so Faithfully Served for so Long.
- Pride in a Job Well-done, or Blood Money? The Cost of Learning the Truth from the TTB about the Benefits to Investigators from Making Cases Against Industry Members
- How ADA Website Compliance Works – The Steps You Can Take to Protect Yourself, Your Website and Your Social Media from Liability
- Supplier and Distributor Promotional “Banks,” Third Party Promotion Companies and Inconsistent TTB Enforcement, Oh My!
- “A Wrong Without a Remedy – Not in My America” – The TTB Death Penalty for Not Reporting Deaths
- Is a 1935 Alcohol Beverage Federal Trade Practice Law Stifling Innovation?
- Decoding the BCC’s Guidance on Commercial Cannabis Activity.
- Prop 65 - Escaping a "Notice of Violation"
- TTB Consignment Sales Investigations - What is Behind the Curtain of the TTB Press Releases?
- Heads Up! The ABC Is Stepping Up Enforcement Against Licensees Located Near Universities
- Coming Soon: New Mandatory Training Requirements for over One Million “Alcohol Servers” In California – September 1, 2021 will be here quickly
- 2019 Legislative Changes for California Alcohol Producers – a Blessing or a Curse?
- A Picture (On Instagram) Is Worth A Thousand Words
- Playing by the Rules: California Cannabis Final Regulations Takeaways
- Hinman & Carmichael LLP Names Erin Kelleher Partner and Welcomes Gillian Garrett and Tsion “Sunshine” Lencho to the Firm
- Congress Makes History and Changes the CBD Game for Good
- Pernicious Practices (stuff we see that will get folks in trouble!) Today’s Rant – Bill & Hold
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- National Conference of State Liquor Administrators – The Alcohol Industry gathers in Hawaii to figure out how to enforce the US “Highly Archaic Regulatory Scheme.”
- Founder John Hinman Honored with the Raphael House Community Impact Award
- ROUTE TO MARKET AND MARKETING RESTRICTIONS - NAVIGATING REGULATORY SYSTEM CONSTRAINTS
- Alcohol and Cannabis Ventures: Top 5 Legal Considerations
- ATF and TTB: Is Another Divorce on the Horizon? What’s Going on with the Agency?
- STRIKE 3 - YOU REALLY ARE OUT! THE ABC'S STRICT APPLICATION OF PENALTIES FOR SALES TO MINORS
- TTB Temporarily Fixes Problem with Fulfillment Warehouse Tax Credits - an “Alternate Procedure” for Paying Taxes & Reporting
- CUSTOMERS WHO HAVE HAD ONE TOO MANY - THE FREE TRANSPORTATION DILEMMA
- The Renaissance of Federal Unfair Trade Practices - Current Issues and Strategies
- ‘Twas the week before New Year’s and the ABC is out in Force – Alerts for the Last Week of 2017, including the Limits on Free Rides
- Big Bottles, Caviar and a CA Wine Strong Silent Auction for the Holidays!
- The FDA and the Wine and Spirits Industry – Surprise inspections anyone?
- NORTHERN CALIFORNIA WILDFIRES: UPDATED REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
- NORTHERN CALIFORNIA WILDFIRES: REGULATORY AGENCY DISASTER RELIEF RESOURCES AT A GLANCE
- Soon to come to your Local Supermarket– Instant Redeemable Coupons of the digital age!
- The License Piggyback Dilemma – If it Sounds Too Good to be True, it Probably is
- A timely message from our Florida colleagues on the tied house laws, the three-tier system and the need for reform
- ABC Declaratory Rulings – A Modest Proposal Whose Time has Come
- More on FDA Inspections - Breweries, Distilleries and Questions
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- Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees
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