Advising Clients in the Alcoholic Beverage Industry

Agenda / Content Covered

All times are shown in Eastern time.

1. Entity Selection and Structural Challenges
   1:00 - 1:30, Jeff C. O'Brien
   1. Selecting the Right Entity: Tax and Legal Considerations
   2. Traps for the Unwary: Formation Documents and Corporate Rules
2. Licensing and Regulatory Compliance
   1:30 - 2:30, Jeff C. O'Brien
   1. What's Different for Businesses in the Alcohol Industry?
   2. Understanding the Regulatory Framework
      1. Federal Requirements
      2. State and Local Licensing and Registration
      3. FDA Compliance
      4. Alcohol and Tobacco Tax and Trade Bureau (TTB)
   3. Navigating TTB Labeling Requirements
   4. Land Use, Zoning and Environmental Issues
   5. Mitigating Risks When Crossing State Lines
   6. Top Tips and Traps
3. Negotiating Brewery and Distillery Agreements (With Sample Agreement)
   2:45 - 3:15, Jeff C. O'Brien
4. Federal Tax Compliance 101
   3:15 - 4:15, Jeff C. O'Brien
   1. How Beer, Wine and Distilled Spirits are Taxed
   2. Recent Developments: The Craft Beverage Modernization and Tax Reform Provisions of the TCJA
   3. What You Need to Know About TTB Audits
   4. Recordkeeping and Inventory Best Practices
   5. Avoiding Common Taxation Mistakes

Accreditation Details:

JEFF C. O'BRIEN is a partner with Chestnut Cambronne, P.A., and serves as general counsel to a wide variety of small and closely held businesses, as well as real estate investors and developers. He has significant experience working with craft breweries, distilleries, and wineries on an array of issues including entity formation, financing, real estate matters, intellectual property protection, operational issues, and distribution contracts. Mr. O'Brien's clients also include real estate agents, developers and investors, community banks, title companies, restaurant operators, manufacturing companies, franchised businesses, retired professional athletes, financial advisors, insurance agents, and consulting businesses. He is certified as a real property law specialist by the Minnesota State Bar Association. A frequent lecturer and writer, Mr. O’Brien has presented and written articles on a variety of business and real estate topics. He is a regular guest on several radio shows and podcasts. Mr. O’Brien has been listed as a Minnesota Super Lawyer every year since 2013. He received his B.S. degree, cum laude, from the University of St. Thomas and his J.D. degree, cum laude, from William Mitchell College of Law.