In the argument between meat-eaters and health nuts about whether salads are a meal, California produce lovers thought they had won the debate over the decades through the spread of entrée salads, half salad / half sandwich combos, salad trios, and salad bars across all kinds of cuisines. But it turns out that those claiming rabbit food is not, in fact, a proper meal, have been right all along.
Read MoreDelivery Personnel Beware – The ABC is Coming for You and for the Licensees Hiring You to Deliver Alcoholic Beverages - This Time Its Justified
The ABC “Emergency Rules,” the Delivery Driver Minor Decoy Sting Program and Cocktails-To-Go
As regular readers of this blog are aware Hinman & Carmichael LLP has been defending licensees charged with selling alcohol to minors for well over 30 years. We have defended hundreds of cases and, when justified by regulatory or law enforcement overreach, have successfully taken cases as far as the California Supreme Court.
Read MoreLicensees Beware – the Harsh New ABC Enforcement Rules Are Effective Right Now
On Friday, June 5, 2020, the California Department of Alcoholic Beverage Control notified licensees that the onerous Emergency Regulations it proposed in May have now been “approved” by the California Office of Administrative Law (the “OAL”) for use through January 26, 2021. The new regulations, which now appear on the ABC’s website, raise as many questions as they answer.
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Part 2: LEGAL FAQS ON REOPENING CA RESTAURANTS, BREWPUBS, BARS AND TASTING ROOMS
The very next day after we published what is now Part 1: Legal FAQs for Reopening CA Restaurants, Brewpubs and Tasting Rooms (available here), the California ABC continued its updates. In this latest round, ABC:
1. Provided two updates to its First and Fourth Notices of Regulatory Relief (discussed below), and
2. Provided some additional FAQs on how California bars, wineries, breweries and distilleries can sell drink to-go in connection with meals utilizing the new Covid-19 Temporary Catering Authorization, which our post also discussed. These FAQs outline some technical updates to the application process (which we won’t address here), but we do want to summarize a few additional points we have been getting questions about:
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John Hinman’s May 22, 2020 interview with Wine Industry Advisor on the ABC COVID-19 Regulatory Relief initiatives and the ABC “emergency rule” proposals
On Friday May 22, 2020 John sat down with Kim Badenfort of the Wine Industry Advisor to discuss the firehose of information coming from the ABC over the last few weeks. John first observed there was so much coming at the industry from the ABC it was difficult for even the most attentive industry member to absorb the information; much less the implications of the proposals.
In summary, John observed:
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
- Passage of Title Based Sales – Is it Right for You?
- BARS AND NIGHTCLUBS BEWARE! THE DRUG TESTING REGIME STARTS ON JULY 1ST AND YOU MUST BE READY!
- Strategic Exit Planning: Positioning Your Alcohol Beverage Business for Successful Acquisition or Investment
- New California Alcohol Laws for 2024 – a Mixed Bag of Privileges, Punishments, Clarifications, and Politics
- TTB Speaks up on Social Media
- Alcohol Trade Practices Update
- President Biden just made a big cannabis announcement... what does it mean?
- The Uniform Law Commission – Encouraging Consistent State by State Definitions, Protocols and Procedures
- San Francisco to the Governor - Review the RBS Program and Delay Implementation. Problems must be Corrected.
- TTB and Consignment Sales – Is There a Disconnect Between Policy Development and Business Reality?
- RBS ADDENDUM – THE LATEST FROM THE ABC AS THE AGENCY PROVIDES MORE INFORMATION ON THE CALIFORNIA ABC’S MANDATORY RESPONSIBLE BEVERAGE SERVER PROGRAM
- THE STATE OF TO-GO BOOZE IN CALIFORNIA
- BOOZE RULES SPECIAL EDITION – THE RESPONSIBLE BEVERAGE SERVICE PROGRAM FACTS AND REQUIREMENTS
- Competition in the Beverage Alcohol Industry Continues Under the Microscope – Part 3
- Competition in the Beverage Alcohol Industry Under the Microscope – Part 2
- Competition in the Beverage Alcohol Industry Now Under the Microscope
- Alcohol Marketplaces 2.0 Part 5: Looking Ahead
- It’s Time for a Regulatory Check-Up: Privacy Policies for email marketing and websites
- Alcohol Marketplaces 2.0 Part 4: Who’s responsible for ensuring legal drinking age?
- Alcohol Marketplaces 2.0 Part 3: Follow the Money
- BOOZE RULES 2021 – NEW CONTAINER SIZES APPROVED FOR ALCOHOLIC BEVERAGES: KEEPING TRACK OF THE TTB’S ATTEMPTS TO REGULATE CONTANER SIZES
- Alcohol Marketplaces 2.0 Part 2: Collect sales tax from marketplaces or comply with alcohol guidance?
- Alcohol Marketplaces 2.0 Part 1: Solicitation of sales by unlicensed third-party providers
- Federal Cannabis Legalization Fortune-Telling
- BOOZE RULES – THE DIRECT SHIPPING WARS
- California ABC provides additional Covid guidance on virtual events and charitable promotions
- Hot Topics for Alcohol Delivery 2020
- California Reopening Roadmap is Now a Blueprint for a Safer Economy
- The Hospitality Reopening Roadmap to Success
- Salads Not A Meal in California, Says ABC
- Delivery Personnel Beware – The ABC is Coming for You and for the Licensees Hiring You to Deliver Alcoholic Beverages - This Time Its Justified
- Licensees Beware – the Harsh New ABC Enforcement Rules Are Effective Right Now
- Part 2: LEGAL FAQS ON REOPENING CA RESTAURANTS, BREWPUBS, BARS AND TASTING ROOMS
- John Hinman’s May 22, 2020 interview with Wine Industry Advisor on the ABC COVID-19 Regulatory Relief initiatives and the ABC “emergency rule” proposals
- Booze Rules May 21 - The Latest on the ABC Emergency Rules
- Part 1: Legal FAQs on Reopening CA Restaurants, Brewpubs, Bars and Tasting Rooms
- The ABC’s Fourth Round of Regulatory Relief - Expanded License Footprints Through Temporary COVID-19 Catering Authorizations, and Expanded Privileges for Club Licensees
- BOOZE RULES – May 17, 2020 Special Edition
- ABC ENFORCEMENT - ALIVE, ACTIVE AND OUT IN THE COMMUNITY
- Frequently Asked Questions about ABC’s Guidance on Virtual Wine Tastings
- ABC Keeps California Hospitality Industry Essential
- ABC REGULATORY RELIEF – ROUND TWO – WHAT IT MEANS
- Essential Businesses Corona Virus Signage Requirement Every Essential Business in San Francisco Must Post Sign by Friday, April 3rd
- Promotions Compliance: Balancing Risk and Reward
- The March 25, 2020 ABC Guidance: Enforcement Continues; Charitable Giving Remains Subject to ABC Rules; and More – What Does it all Mean?
- Restaurant and Bar Best Practices – Surviving Covid 19, Stay at Home and Shelter in Place Under the New ABC Waivers
- 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!
- RESPONSIBLE BEVERAGE SERVICE ACT HEARING – OCTOBER 11TH IN SACRAMENTO – BE THERE!
- WHEN THE INVESTIGATOR COMES CALLING – BEST PRACTICES.
- RESPONSIBLE BEVERAGE SERVICE ACT PROPOSED ABC RULES 160 TO 173 – WHY THE RUSH?
- 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
- CBD: An Exciting New Fall Schedule… or Not?
- MISSISSIPPI RISING - A VICTORY FOR LEGAL RETAILER TO CONSUMER SALES, AND PASSAGE OF TITLE UNDER THE UNIFORM COMMERCIAL CODE
- California ABC's Cannabis Advisory - Not Just for Stoners
- NEW CALIFORNIA WARNINGS FOR ALCOHOLIC BEVERAGES AND CANNABIS PRODUCTS TAKE EFFECT AUGUST 30, 2018, NOW INCLUDING ADDENDUM REGARDING 2014 CONSENT AGREEMENT PARTIES AND PARTICIPANTS
- 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
- WHY THE FDA IS INSPECTING WINERIES
- Senate Bill 378—The Proposed Demise of Due Process for Alcohol Licensees
- ABC Enforcement - Trends and Predictions