State Files Motion to Dismiss Wal-Mart Challenge to Liquor Sales Law, Wal-Mart Responds

The state of Texas has filed a motion to dismiss Wal-Mart’s lawsuit challenging public ownership of liquor stores in Texas.  In its brief the state notes that the plaintiff’s Equal Protection, Commerce Clause and Privileges and Immunities claims fail as a matter of law.  Mixing standard general police powers, court precedent (including relatively recent 5th Circuit rulings),  as well […]

Boston Consulting Group Study Highlights Importance of Open and Independent Beer Distribution System

The Boston Consulting Group has produced a white paper noting how the open and independent beer distribution is good for all brewers. In their paper entitled, “For Small and Large Brewers, the U.S. Market Is Open” authors Neil Houghton, Jr. and Marin Gjaja highlighted the tremendous access to market the beer distribution system has provided to brewers of all sizes. […]

South Carolina Court Upholds Three Store License Limitation

South Carolina Judge Early Doyet of the Second Judicial Circuit ruled for the state of South Carolina on a complaint by Retail Services & Systems, Inc. dba Total Wine & More challenging under state and federal Due Process and Equal Protection grounds the South Carolina law that limits ownership of retail licenses to three. In his order, […]

Legal Action in Idaho Regarding ABInBev Ownership and Operation of Brewpub

In October ABInBev announced it was purchasing 10 Barrel Brewery based in Bend, Oregon. There have been numerous press stories about this purchase. The declaratory action seeks a ruling to confirm Idaho’s statute that a brewer producing more than 30,000 barrels cannot hold a retail, brew pub or wholesale license. ABInbev produces over 180 million barrels of […]

KY ABC Issues Letter Indicating Conditional Approval for ABInBev to Own Owensboro Distributor

The KY ABC issued a letterto ABI conditionally approving their license to become the owner of the Owensboro ABInBev distributor.  The Malt Beverage Administrator noted that this application is “the most controversial in Department history.”  As a result she listed many concerns and questions in her four page letter.   She noted that much information is missing […]