Distillery, Brewery, and Winery Start-Up Legal Toolkit

Agenda / Content Covered

1. Alcohol Law Regulatory Framework
   11:00 — 12:00, Elliot Ginsburg
   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
   12:15 — 1:00, Tracy Jong
   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
   1:30 — 2:45, Tracy Jong
   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
   2:45 — 3:45, Tracy Jong
   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
   4:00 — 5:00, Jeff O'Brien
   1. Licensing States vs. Control States
   2. When Do You Need a Distributer? 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
   5:00 — 6:00, Emeric Dwyer
   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

Accreditation Details:

Emeric J Dwyer is an attorney at Chestnut Cambronne PA and focuses his legal practice on conducting commercial transactions and litigation, real estate transactions and litigation, intellectual property protection, and serving as general counsel to a variety of businesses. He has significant experience forming small and medium-sized businesses, and completing business and real estate transactions. Mr. Dwyer also advises clients on a wide variety of matters that arise in the course of operating a business, including employment issues, trademark and intellectual property protection, and corporate governance. When disputes arise, he represents clients throughout the litigation process, including bringing matters to trial. Mr. Dwyer received his B.A. degree from Drake University and J.D. degree from Hamline University School of Law.

Elliot Ginsburg is a partner at Garner & Ginsburg, P.A., a Minneapolis based law firm. His practice is devoted to craft beer and distillery law, cannabis law, and franchise and distribution law. Along with his colleagues, Mr. Ginsburg works with businesses to find creative solutions to complex business problems, provide clients with guidance and assistance in starting and operating their businesses successfully, and in handling and resolving business disputes. He earned his B.A. degree, magna cum laude, from Carleton College; his M.Sc. degree, with honors, from The London School of Economics and Political Science; and his J.D. degree, magna cum laude, from the University of Minnesota School of Law. Mr. Ginsburg is the author of many articles, including "How Far Up the Ownership Chain Can Liability Go?, Franchise Investor Claims and Liability", with William K. Whitner, Thirty-Eighth Annual Forum on Franchising, 2015. He has been selected as a Rising Star by Super Lawyers magazine (2013-2019).

 

Tracy P. Jong is the owner and senior attorney with Tracy Jong Law Firm. Ms. Jong is registered to practice before the United States Patent and Trademark Office (Registration No.: 56105), the Western District and Southern District of New York (federal court) and the State Bar of New York. She practices in the areas of intellectual property; and restaurant, winery and liquor law. Ms. Jong 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. She 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.

 

Jeff C O'Brien is a partner with Chestnut Cambronne PA 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 and tax, 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 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.