The United States Patent and Trademark Office (USPTO) has adopted final rules that implement provisions of the Trademark Modernization Act enacted on December 27, 2020. Most of the rules will become effective on December 18, 2021.
The Burton Law Firm represents clients in all areas of the wine and adult beverage industries. They serve as legal counsel for wineries, vineyards, brewers, distributors, importers, wine co-ops, wine industry consultants, as well as wine shops, bars and restaurants. They also employ individuals who were formerly employed by the Alcoholic Beverage Control and have a strong understanding of the law. Their complete understanding of the entire industry allows us to better serve clients at all levels of production, distribution, and purveying. The Burton Law Firm is excited to assist clients in the adult beverage industry who are located in many different states and markets. They particularly specialize in representing premium boutique wineries in the regions of Napa, Sonoma, Clarksburg, Amador and El Dorado Counties.
The adult beverage industry is much more intensely scrutinized than other industries. There are a number of additional regulations that this industry has to be aware of and take into account when forming and operating a business. For instance, an Alcoholic Beverage License is needed in California to serve alcohol at an event that a member of the public can attend. While this regulation typically excludes private parties, many other types of parties can be in violation. Art galleries often serve wine at receptions or new exhibit openings. This is a violation of the law and could result in criminal charges being filed. When in doubt, please hire a caterer or obtain a special event permit.
The Department of Alcoholic Beverage Control has strict guidelines about what is considered a private party. A gathering is only considered a private party if there is no sale of alcoholic beverages, the party is not open to the general public, and the premises are not maintained for the purpose of keeping, serving, or consuming alcoholic beverages. Wineries can offer tasting rooms where the general public can sample wines, even though the business also manufactures and sells wine, because of the special licenses they possess. In fact, regulation has gone into effect to allow wineries to sell wine by the bottle and glass for consumption on their premises. This is quite a change from the one-ounce sample the wine production industry was limited to for many years.
All of these issues particular to the adult beverage industry highlight the need for expert advice to safeguard compliance with all of the applicable laws and regulations. The Burton Law Firm can guide you through to the safe operation of your adult beverage business. They have a great deal of practical experience in the formation, operation, and sale or transfer of businesses involved in the adult beverage industry. It is a special niche practice that our attorneys have particular skill in pursuing, and we are simply excited about being involved in the operation of these types of businesses. The Burton Law Firm wants to advise you about wine and alcoholic beverage law. Let us help you start or grow your business in this industry.
Contact us to set up an appointment with one of our alcoholic beverage practice attorneys.