Category: Vineyard

6th Circuit hears oral argument in Ohio wine shipping case. Questions regarding implementing an out-of-state license and the evidentiary basis for factual assertions regarding public health and safety justifications for shipping prohibitions predominate.

Commerce Clause / Delivery and Shipping / Direct Shipping / Suits / Vineyard / Wine
May 24, 2023

The appeal results from a challenge in Ohio. An out-of-state wine retailer and an...

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Bars / Beer / Brewery / Brewpub / Chicago / Distillery / Distribution / Retailers / Statutes / Tavern / Vineyard / Wholesalers / Wine
April 19, 2023

Experience guides the law and the development of workable statutes is no exception to...

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

Beer / Beer Franchise Laws / Distribution / Franchise Laws / Statutes / Suits / Vineyard / Wholesalers
March 21, 2023

In addition to what we generally think of as the “regular” reasons for terminating...

amendments to Illinois liquor Control Act

Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.

Bars / Beer / Brewery / Brewing / Brewpub / Craft Beer / Craft Distiller / Delivery and Shipping / Distilled Spirits / Distillery / Distilling / Distribution / Regulations / Retailers / Sales / Statutes / Vineyard / Wine / Winemaking
November 8, 2021

The Governor’s signature brought Public Act 102-0442 to life on August 20. The Act...

Big Six generic for wine trademark illinois chicago liquor license lawyer attorney

Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.

Brewery / Distillery / Vineyard / Wine
January 5, 2021

The Vermont Department of Financial Regulation recently issued an ex parte cease-and-desist order to...

Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.

Illinois Liquor Control Commission / Taxes / Vineyard / Wine
December 8, 2020

The country-spanning impact of South Dakota v. Wayfair just hit the Illinois direct-to-consumer wine...

Farm wineries win as court declares Minnesota law mandating use of majority in-state wine ingredients in wines made by farm wineries facially unconstitutional in light of SCOTUS Dormant Commerce Clause jurisprudence. Bonus: we’ve got the briefs for you.

Commerce Clause / Licensing and Permits / Opinions / Statutes / Suits / Vineyard / Wine / Winemaking
September 2, 2020

A pair of farm wineries challenged a portion of Minnesota’s farm winery law that...

Heaven Hill Distilleries seizure of heavenhlll.com good lesson on how to protect your craft spirits, craft beer, cannabis and wine brand from typosquatting or cybersquatting

Advertising / Beer / Brewery / Brewpub / Cannabis / Cider / Craft Beer / Craft Distiller / Craft Growers / Distilled Spirits / Distillery / Opinions / Suits / Vineyard / Wine
July 2, 2020

Heaven Hill Distilleries recent win against a typosquatter holding heavenhlll.com provides a textbook example...

Illinois bars restaurants dispensaries breweries, wineries, distributors distilleries liability for COVID-19 related injury to employees under new Illinois workers' compensation law amendments

New Illinois workers’ compensation law means almost every “essential business” now faces liability to its employees. Some possible protection for emplacing COVID-19 cleaning, safety and health restrictions – Illinois’s breweries, wineries, distilleries, bars, distributors, dispensaries, and restaurants included.

Bars / Brewery / Brewpub / Cannabis / Craft Beer / Craft Growers / Cultivators / Dispensaries / Distillery / Illinois Cannabis / Retailers / Tavern / Vineyard / Wholesalers
June 5, 2020

The Illinois legislature has passed a bill that codifies the previously invalidated workers’ compensation...

Caymus Vineyards - California challenge to COVID-19 governor emergency stay at home order complaint

California winery challenges notion that it’s any different to have bars or taprooms without food open from restaurants or bars that serve food where state doesn’t require people to actually order food. Lawsuit is a road map for others looking to file similar challenges to unfounded restrictions.

Beer / COVID-19 Relief / Craft Beer / Distillery / Regulations / Suits / Vineyard
June 2, 2020

I had a call on Friday with an astute reporter that questioned what the...

Commerce Clause Challenge to wine importing laws liquor Laws residency requirement for liquor license Chicago Liquor license attorney

No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.

Beer / Brewery / Commerce Clause / Craft Beer / Delivery and Shipping / Direct Shipping / Distilled Spirits / Distillery / Distribution / Opinions / Suits / Vineyard / Wine
May 28, 2020

There are similar suits winding their way through different District and Appellate Courts at...

Here are the guidelines Illinois issued for bars and restaurants looking to re-open. Get familiar with them as a failure to meet these minimum standards could amount to trouble from regulators and grounds for liability from customers or employees that get sick.

Bars / Brewery / Brewpub / COVID-19 Relief / Craft Beer / Distillery / Retailers / Sales / Tavern / Vineyard
May 27, 2020

As part of Illinois’s path to re-opening those businesses shut-down or limited by Illinois’s...

Category: Vineyard

6th Circuit hears oral argument in Ohio wine shipping case. Questions regarding implementing an out-of-state license and the evidentiary basis for factual assertions regarding public health and safety justifications for shipping prohibitions predominate.

The Illinois Craft Brewers Guild “Beer Omnibus” bill contains some excellent advancements for bars, restaurants, wineries, distilleries and not-for-profits. With commentary.

Court finds winery and distributor continued discussions sufficient to show intent to extend timing under statute allowing transfer following brand acquisition by new owner.

Recent updates to the Illinois Liquor Control Act, Part 1 of 2, Definitions, Class 3 Brewers, Self-Distribution, Alternating Premises Tap Rooms and more.

Winery raising funds without allegedly disclosing that it hadn’t received licensure yet nets ex parte cease-and-desist order from state regulators. A cautionary lesson for wineries, breweries, and distilleries raising start-up capital.

Out-state Illinois Winery Shipper’s licensees’ must remit state and local taxes on direct-to-consumer wine sales come January 1. Note: collecting local taxes proves taxation is not a reason to argue against retailers’ interstate commerce in alcohol.

Farm wineries win as court declares Minnesota law mandating use of majority in-state wine ingredients in wines made by farm wineries facially unconstitutional in light of SCOTUS Dormant Commerce Clause jurisprudence. Bonus: we’ve got the briefs for you.

Heaven Hill Distilleries seizure of heavenhlll.com good lesson on how to protect your craft spirits, craft beer, cannabis and wine brand from typosquatting or cybersquatting

No rehearing for 6th Circuit out-of-state retailer alcoholic beverage shipping case. Other Federal Appellate Court Circuit cases continue.

Here are the guidelines Illinois issued for bars and restaurants looking to re-open. Get familiar with them as a failure to meet these minimum standards could amount to trouble from regulators and grounds for liability from customers or employees that get sick.

Liquor and Cannabis Law and News From @AshleyWBrandt

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