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
Texas Defeats Challenge to Direct Sales Law By Breweries
Judge Pitman had a busy day. After ruling earlier in the day on the Wal-Mart public ownership lawsuit matter he ruled on the Equal Protection and Substantive Due Process challenges of Deep Ellum and Grapevine breweries to Texas law prohibiting packaging breweries from selling off site. Judge Pitman granted the motion for summary judgment of the state and denied the…Read More