On Thursday, September 27, 2018, the Supreme Court granted cert to a new case involving Granholm-like issues for the alcohol beverage wholesale and retail tiers. See Certiorari Granted. The case, Tennessee Wine and Spirits vs. Byrd Clayton, stems from a Tennessee law which requires in-state retail license applicants to satisfy residency requirements. The law…
Category: Contemporary Wine Law Issues
Federal Compliance Update at the 2018 Eastern Winery Expo
Join Marybeth Williams of Williams Compliance and me at the 2018 Eastern Winery Expo in Lancaster, Pennsylvania March 6th through 8th for an update on federal winery compliance. A description of our event is provided below. “They want me to do WHAT!?!?” How to remain afloat in the winding river of…
TTB Opens Comment Period for Three Proposed Wine Rules
On Wednesday, October 11, 2017, TTB announced that it would reopen comment period for three relevant proposed rules for the wine industry. The proposed rules were originally published in the Federal Register in 2016. The following rules have their comment periods reopened: Notice No. 160, Proposed Revisions to Wine Labeling and…
Contemporary Wine Law Issues
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TTB Issues Temporary Rule Modifying Federal Regulations for Hard Cider
On January 23, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued a temporary rule (T.D. TTB–147) in the Federal Register that amends the federal regulations for hard cider. The temporary rule amends TTB regulations to implement changes made to the federal definition of “hard cider” in the Internal…
Empire Strikes Back: New Bill Appears in New York’s Senate and Assembly
Two new bills have been introduced to New York’s Senate and Assembly on May 12th and May 18th (respectively), sponsored by New York State Senator Phil Boyle and Assembly Member Philip Steck. The bills are very similar to the “Empire Wine Bill” that appeared in both the Senate and Assembly last…
Expanded Definition of Hard Cider for Taxation Purposes
On December 18, 2015, President Obama signed the Protecting Americans from Tax Hikes Act of 2015 (“the PATH Act”) into law. The PATH Act contains changes to certain statutory provisions which are administered by TTB, including applicable sections of the Internal Revenue Code (“IRC”) which apply to alcohol beverages. In particular, the…
Proposed Willcox Viticultural Area and Establishment of The Los Olivos District Viticultural Area
On January 21, 2016, TTB published a notice in the Federal Register proposing the establishment of the Willcox Viticultural Area, which is located in portions of Graham and Cochise Counties in Arizona (but is not currently located within, nor does it contain, any other established American Viticultural Area). The proposed Viticultural Area…
Empire Wine Bills Delivered to Governor Cuomo
On November 30, 2015, the two talked about bills, A05920 and S04446, in New York’s Assembly and Senate were delivered to Governor Cuomo. A05920 was introduced to the Assembly in March of this year by Assemblyman Phil Steck and proposes to amend New York State’s alcohol beverage laws. See Bill Supports Empire Wine Sales; Bill Would Curb…
Summary of Cuomo’s First Alcohol Beverage Industry Working Group Meeting
Last Thursday I attended the first open meeting of Governor Cuomo’s new alcohol beverage industry working group. The group, whose main mission is to modernize New York’s alcohol beverage laws by reviewing current statutory provisions, spent the entire meeting identifying a list of issues for further discussion and/or consideration. The first…
NYSLA Must Release Communications and Cuomo Announces Industry Working Group
Last week, as reported by the Times Union, a decision by Acting Supreme Court Justice Debra Young ruled against the New York State Liquor Authority (“NYSLA”) with respect to an ongoing legal battle with Colonie-based retailer Empire Wine. See In Empire Wine Case, SLA Must Release Communications With Illinois Officials. Empire originally sought production…