Archives for 2018

McLane Withdraws Challenge to Texas Cross Tier Ownership Laws

The lawsuit by McLane Company against the Texas ABC for failing to approve their application for a wholesaler license has been dismissed without prejudice.  This matter was scheduled to have experts identified this month before another round of dispositive motions.  The Texas ABC had denied the permit for violations of cross tier ownership laws. Recall McLane serves as a…Read More

TTB Secures Record Trade Practice Fine Against Importer

The Treasury Department’s Alcohol Tax and Trade Bureau (TTB) recently secured a record trade practice fine for violations of the Federal Alcohol Administrative Act.   The press release as well as the actual Offer in Compromise are painstakingly barren on details of what the actual violation of law was.    TTB notes “Warsteiner Importers Agency Inc. is…Read More

Lawsuit Filed Against Virginia Happy Hour Regulations

A lawsuit was recently filed under the First Amendment in Federal Court to challenge the Virginia alcohol law governing happy hours.  The lawsuit was filed by the Chef Geoff’s restaurant and its owner.  The Complaint claims that the Virginia law in question is an unconstitutional content-based restriction on speech by banning truthful speech and also that the law’s ban…Read More

Marijuana Plus Alcohol? Not Likely Under Current Law

  This blog has previously written about how alcohol is regulated and discussed how that model could interface with marijuana regulation. We have also wondered if a 28th Amendment for marijuana should be considered if marijuana legalization advocates truly want to have legal parity with alcohol regulation. With more states considering marijuana commercialization and industries…Read More

An Update on Federal Trade Practices

Alcohol wholesalers, importers, wineries and distilleries are required by 27 USC 203 of the Federal Alcohol Administration Act to have a federal basic permit to engage in the alcohol business. Breweries were exempted from the requirement to secure a permit when Congress passed the law in 1935. This law is administered by the Alcohol Tax…Read More