Food & Beverage Law

4.5

Distillery, Brewery, and Winery Start-Up Legal Toolkit

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
Idaho CLE Upon Request 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Washington CLE Approved 6 Total
OnDemand
5 hours 53 minutes
Tracy Jong
D. Taylor Harper
With Tracy P. Jong from Evans & Fox LLP + 1 other
Recorded October 23, 2023
Product ID 97317

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Overview

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 - register 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.

Abbreviated Agenda

  1. Alcohol Law Regulatory Framework
  2. How to Start a Brewery
  3. How to Start a Distillery
  4. How to Start a Winery
  5. Bringing Alcoholic Beverages to Market: Distribution Agreements and More
  6. Walking the Ethical Line

Related Topics

Product ID 97317

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
Idaho CLE Upon Request 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Washington CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Alcohol Law Regulatory Framework

    1. How the Regulatory Framework Came to be
    2. Key Federal Agencies and State Equivalents
    3. The Three-Tier System Deciphered
    4. Alcoholic Beverage Taxes Demystified
    5. Making Sense of Tied House Regulations
    6. Alcoholic Beverage Labeling, Licensing, and Trademarks
    7. Case Law and Legislative Update

  2. How to Start a Brewery

    1. Transitioning From Home Brewer to Brewery: Legal Issues
    2. Obtaining Financing for Breweries and Brewing Equipment
    3. Business Entity Selection for Breweries
    4. Obtaining Licenses From the TTB
    5. Getting Licenses and Approvals From Other Regulators
    6. Breweries vs. Brewpubs

  3. How to Start a Distillery

    1. Can Distillers Practice Before They Get a License?
    2. Financing the Purchase of Stills, Aging Casks, and Storage Facilities
    3. Key Issues When Selecting a Production Plant Site
    4. Distilled Spirits Licensing Procedures
    5. Complying With Reporting, Inspection, and Safety Requirements
    6. Tasting Room Rules and Regulations

  4. How to Start a Winery

    1. Navigating Land Use and Zoning Laws
    2. Environmental Compliance Issues in Wine Production
    3. FSMA and FDA Regulations for Wineries
    4. Wine-Specific TTB Labeling Requirements
    5. Do I Need Crop Insurance?
    6. Legal Issues With On- and Off-Premise Sales of Wine

  5. Bringing Alcoholic Beverages to Market: Distribution Agreements and More

    1. Licensing States vs. Control States
    2. When Do You Need a Distributor? 3-Tier System Exceptions
    3. When Do You Need a Distribution Agreement?
    4. Negotiating Wholesaler Agreements to Minimize Future Litigation
    5. Allowing for Price Changes, Termination, etc.
    6. Other Must-Have Provisions
    7. Example Distribution Agreements

  6. Walking the Ethical Line

    1. Ethical Standards and Civil Liability
    2. The Role of the Attorney as Advisor in Entity formation
    3. Conflicts of Interest
    4. Confidentiality
    5. Fees and Charges

Who Should Attend

This program is designed for attorneys. Accountants and paralegals may also benefit.

Speakers

Tracy P Jong
Tracy P.
Jong
Evans & Fox LLP
D. Taylor Harper
D. Taylor
Harper
Taylor English Duma LLP
Speaker bio
Tracy P Jong

Tracy P. Jong

Evans & Fox LLP
Tracy Jong

is an attorney with Evans & Fox LLP. She is registered to practice before the United States Patent and Trademark Office (Registration No. 56105), Western District and Southern District of New York (federal court), and the State Bar of New York. Ms. Jong practices in the areas of intellectual property and restaurant, winery and liquor law. She assists businesses in the licensing and renewal process, labeling and federal licensing issues, and representing them in violations/suspension cases before the State Liquor Authority. Ms. Jong is a member of the American, New York and Monroe County bar associations; the Rochester Professional Consultants Group; the Greater Rochester Area Women’s Bar Association; and the Rochester Intellectual Property Law Association. She earned her B.A. degree from the State University of New York at Buffalo and her J.D. degree from Touro College.

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Speaker bio
D. Taylor Harper

D. Taylor Harper

Taylor English Duma LLP
D. Taylor Harper

is a shareholder in the Atlanta, Georgia firm of Taylor, Feil, Harper & Lumsden P.C., where his practice focuses primarily on regulatory compliance and litigation in the beverage, alcohol and cannabis industries at the federal, state and local levels. Mr. Harper's practice encompasses assisting clients in all phases of operations, including start-up, structuring and governance, licensing and permitting, franchise regulation, trade practices regulation, promotions regulation (including regulation of point of sale materials and consumer specialty advertising), brand and label regulation, trademark, taxation (including excise taxes and sales-and-use taxes), importation, contracts (distribution, supply-chain, IP, production services), and related real estate, leasing, and landlord-tenant matters. He is admitted to practice in Georgia and before the United States District Court for the Northern District of Georgia, the United States Court of Appeals for the Eleventh Circuit, and the Department of Veteran Affairs. Mr. Harper is a member of the Atlanta Bar Association and the State Bar of Georgia. He earned his B.A. degree, with honors, from Georgia State University and his J D. degree from Georgia State University College of Law. Additionally, Mr. Harper is an adjunct professor at Georgia State University College of Law, where he teaches a course on beverage-alcohol law.

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