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Key Legal Considerations for Breweries, Part II: Labor and Employment Matters

Introduction to Labor and Employment Issues in Breweries All startups face challenges, but certain recurring issues are especially important to address at the very early stage of a business and throughout the lifecycle of a business. Breweries must be mindful of labor and employment matters, including how they categorize employees verses independent contractors, having employee policies and handbooks in place,

Rogoway Law Group May 20, 2024

Key Legal Considerations for Breweries, Part I: Transactional and Contract Matters

Introduction to Industry-Specific Challenges All startups face challenges, but some industries experience a more specific subset of issues than others. Breweries (particularly larger breweries and sometimes midsize breweries) are at increased risk for failure due to market competition, difficulty accessing funding and other specific commercial relationship risks that can impact accounts receivable, access to inventory and movement of product. Additionally,

Rogoway Law Group May 15, 2024

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries

Startup costs can present a major hurdle for businesses seeking to make their mark in the wine industry. Fortunately, the “alternating proprietorship” model presents an opportunity for an ambitious company to produce its own wine without the burden of certain significant startup costs. It also offers financial opportunities for existing wineries with excess capacity. And, notably, in contrast to the

Josh Zetlin November 20, 2023

Custom Crush Relationships and the Foundational Custom Crush Agreement

Introduction to Custom Crush Agreements The wine industry is complex, and it takes a significant amount of time, money and skill to produce a high-quality product. One aspect of the industry that has been gaining popularity in recent years is the “Custom Crush” model of business. This structure lets an aspiring wine maker enter the business without a producer’s license

Josh Zetlin October 16, 2023

Grape Purchase Agreements are a type of contract governing the transaction between winemakers and third-party grape growers.

Grape Purchase Agreements: Understanding Contracts in the Wine Industry

Introduction Grapes are the foundational ingredient of wine, so it should come as no surprise that the contract for winemakers to purchase grapes from winegrowers – the Grape Purchase Agreement – represents a crucial aspect of the wine industry. Nearly all winemakers purchase at least some of their grape supply from third-party grape growers. Grape Purchase Agreements, the type of

Josh Zetlin June 16, 2023

Federal Advertising Regulations for Wine Businesses

The Federal Alcohol Administration Act (27 USCA Ch.8, subchapters I-II, Sections 201-219a, as applicable) (The “Act”) authorizes the US Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (the “TTB”) to be the permitting authority for importers, producers, and wholesalers of wine; and to regulate the advertising and marketing of wine, including as relates

Rogoway Law Group April 26, 2023

Understanding Cal-OSHA Injury and Illness Prevention Program (IIPP)Requirements for California Cannabis Businesses

Introduction Most commercial cannabis businesses in the state of California spend a significant amount of time ensuring they are compliant with the regulations promulgated by the California Department of Cannabis Control (the “DCC” and “DCC Regulations”). However, there are a number of non DCC rules and regulations that all commercial cannabis businesses must also comply with that often get overlooked.

Rogoway Law Group February 23, 2023

B Corporation Certification: A Guide for Wineries and Beverage Businesses

Why B Corporation Certification is on the Rise In California particularly, issues of environmental impact and public impact are at the forefront of corporate and political leadership. In part, this is due to the constant challenges that arise through a highly agricultural geography meeting very tumultuous environmental factors, including drought, fire and flood. This is of heightened importance with industries

Rogoway Law Group February 15, 2023

Commercial Contracts for Wineries and Other Beverage Companies: A Primer

Introduction Wineries and beverage businesses face unique challenges when it comes to commercial contracts. From sourcing grapes to distributing wine or other beverages, beverage businesses must navigate complex supply chains, regulatory requirements, and shifting market demands. To succeed, it’s essential to have strong commercial contracts in place. In this article, we’ll explore the essential elements of commercial contracts and the

Josh Zetlin February 14, 2023

ABC Enforcement Actions, Penalties, And Appeals Before The Alcoholic Beverage Control Appeals Board

Legal Considerations for Enforcement Actions, Penalties, and Appeals before the Alcoholic Beverage Control Appeals Board

Introduction California Department of Alcoholic Beverage Control (“ABC” or “Department of Alcoholic Beverage Control”) Licensees are subject to a range of enforcement actions for various statutory and regulatory violations. Indeed, one of the three pillars of the ABC mission statement is enforcement and the Department of Alcoholic Beverage Control engages in a variety of programs to “protect the public” by

Joe Rogoway February 11, 2023

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