Wal-Mart Sues Texas Over Hard Liquor Restrictions

Wal-Mart has filed a lawsuit challenging the Texas laws restricting public ownership of liquor stores in Texas.    This lawsuit alleges that the Texas liquor store system violates the Equal Protection, Commerce Clause, and Privileges and Immunity clauses of the U.S. Constitution.   The complaint is very detailed and is beyond bare notice pleading.  There is even the statement […]

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 […]

Guest Column- Marijuana Debate Rekindles Discussion on How Alcohol Is Regulated

There has been much discussion surrounding marijuana regulation and a stated goal of a need “to regulate marijuana like alcohol.” The pros and cons of marijuana legalization are far beyond the scope of this column, but a deeper dive into the goals and purposes of alcohol regulation is something that is often missing from the […]