Licensing

We provide advice regarding what types of alcoholic beverage licenses would best suit the business needs and goals of our clients, whether they are existing industry members or new entrants to the alcohol beverage world. We then assist with licensing at both the state and federal level. As part of our licensing work, we obtain California state alcoholic beverage licenses from the ABC, federal basic permits and registrations from the TTB, sellers permits and excise tax registrations from the California Department of Tax and Fee Administration and license from the California Department of Food and Agriculture where required. We also assist our production-side clients with FDA registration for their facilities. We can also obtain any out of state direct to consumer or supplier licenses to enable our clients to be able to ship and sell their products across the country.

Regulatory Counsel

Drawing from our extensive experience in the alcoholic beverage industry, our in-depth knowledge of both state and federal alcoholic beverage regulations, and our strong relationships with local, state and federal alcoholic beverage agencies throughout the United States, we are able to guide our clients through the maze of federal and state alcoholic beverage regulations.

Our services range from providing clients with daily “how to” guidance under governing alcoholic beverage regulations to answering complex questions related to, among other things, the sales, distribution and marketing of alcoholic beverages, alcoholic beverage labeling, franchise laws, import and export regulations, third party marketing, and direct-to-consumer shipping.

Production and Distribution Agreements

DP&F’s alcohol beverage department negotiates and drafts agreements specific to the alcoholic beverage industry, including alternating proprietorship agreements, custom crush agreements, grape purchase contracts, distribution agreements, transitional services agreements and third party marketing agreements.

Our daily work in the alcoholic beverage field allows us to remain on top of regulatory changes and industry trends that would impact client’s rights and obligations under these agreements at the local, state and federal level.

Trade Practices

We provide comprehensive legal counsel to market, promote, and sell alcoholic beverages. Our trade practice counsel includes promotional events, and other ongoing promotions, tastings, advertisement, celebrity brands, in addition to sponsorships, contests and sweepstakes. We also advise on signage and consumer advertising novelties, the creation and design of promotional events, marketing programs, and wine clubs to ensure compliance with state and federal regulations.

Compliance

 Our compliance team provides a complete range of full-service compliance services and support, enabling our clients to operate throughout the United States and internationally. These services include monthly reporting and tax payment filings, license renewals, preparation of license updates and amendments for changes of ownership or proprietorships, the review and submission of Certificates of Label Approval (COLAs) at both the state and federal level, preparation of use-up letters for the TTB, assistance with federal and state record keeping requirements, assistance with formula and laboratory approvals with TTB and state agencies, drafting of pre-import letters for the TTB, and assistance with export certificates.

Winery Development – Legal advice for vintners navigating land use entitlement and regulatory processes for winery construction, expansion, marketing and trade practices

Represented California nursery in negotiation of first of its kind contract for the licensing of clonal vine-plant material from Établissement Nationale Technique Pour L’Amélioration de la Viticulture

Supervising counsel in title, land use, alcohol beverage and legal review of international wine company with winery and vineyard holdings in Napa, Sonoma, Monterey and San Luis Obispo Counties

Provided legal advice to numerous vineyard owners seeking to make their own wine, including advice on business and licensing structures, navigation of land use entitlement process for winery construction and marketing and trade practice issues

Drafting and submission of formal comments responding to Notices of Proposed Rulemaking by the Alcohol, Tobacco, Tax & Trade Bureau on policies governing petitions to establish and modify American Viticultural Areas

Successfully petitioned the federal Alcohol and Tobacco Tax and Trade Bureau to establish American Viticultural areas

Represented Napa Valley Vintners before California Supreme Court in Bronco Wine Co. v. Cal. ABC and Napa Valley Vintners, 33 Cal.4th 943 (2004), 29 Cal.Rptr 3d 462 (2005)

Represent Napa Valley Vintners in worldwide protection of the Napa name

Represented clients before ABC and TTB in licensing and regulatory matters

03/19/24

Southern Glazer’s Class Action Settlement a Reminder to Comply with Maximum Late Payment Penalties on Retailers

02/08/24

CalRecycle To Host Webinar for Small Wineries (Limited to 1,000 Attendees)

12/01/23

Compliance With Bottle Bill Just One Month Away for Wine and Spirits

10/23/23

Updates to Products Subject To California’s Bottle Bill

05/16/23

Effective January 1, 2024, CA Wineries and Distilleries Will Have Reporting and Payment Obligations to CalRecycle Under the Bottle Bill

06/04/21

End in Sight for Temporary Covid Relief Measures from CA ABC

04/27/21

ABC Launches New Online Portal for Mandatory Alcohol Beverage Server Training

03/18/21

Prop 65 Warnings Streamlined for Alcohol Beverages Sold Online

01/06/21

TTB Adds New Standards of Fill for Wine and Distilled Spirits

11/09/20

Impact of California's New Marketplace Facilitator Act on Alcohol Beverage Licensees

10/21/20

TTB Increases Flexibility for Calorie Labeling and Advertising in Wine, Spirits, and Malt Beverages

10/20/20

Napa County Moves to Orange Reopening Tier