Legal Insights

Alternating Proprietorships: Commercial Agreements and Regulatory Compliance for Wineries
Josh Zetlin

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

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Custom Crush Relationships and the Foundational Custom Crush Agreement
Josh Zetlin

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

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

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

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Federal Advertising Regulations for Wine Businesses
Hilary St. Jean

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

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New California Cannabis Business Resources from the Department of Cannabis Control (DCC)
Rogoway Law Group

California Cannabis Provisional License Application Deadline Reminder

4/3/23 Last Day for Provisional License Application Submissions According to Business and Professions Code §26050.2(a)(3)(D), local equity applicants have until March 31, 2023 to submit license applications to the California Department of Cannabis Control (“DCC”) to be considered for provisional state licenses. However, the DCC announced on March 24th that due to the Cesar Chavez holiday, it will accept applications

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

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.

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B Corporation Certification: A Guide for Wineries and Beverage Businesses
Hilary St. Jean

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

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Josh Zetlin

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

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

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

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Social Equity Plan Requirement for Oregon Psilocybin Licenses
Rogoway Law Group

Understanding the Social Equity Plan Requirement for Oregon Psilocybin Licenses

Introduction The psilocybin industry in Oregon has recently been regulated by the Oregon Health Authority Public Health Division (“OHA” or “Authority”) under its new section, the Oregon Psilocybin Services (OPS). OHA and is now accepting licensing applications for psilocybin businesses and services and one of the key requirements for potential psilocybin manufacturers, service centers, facilitators, and laboratories is to submit

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