There have been rumblings around the Commonwealth that the Pennsylvania State Police, Bureau of Liquor Control Enforcement (“LCE”) has been investigating Pennsylvania wineries regarding their selling practices. The Pennsylvania Liquor Control Board (“PLCB”) has now addressed the issue in a Legal Advisory Opinion. » Read More
The Pennsylvania Liquor Control Board has announced the ninth restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of the Pa.L.C.B. dating back to the year 2000. » Read More
The recent SCOTUS decision in Tennessee Wine & Spirits Retailers Association v. Thomas (“Tennessee Wine”) stirred things up in the alcoholic beverage industry. As my colleague, Matthew B. Andersen, discussed, in Tennessee Wine, the Supreme Court found that Tennessee’s residency requirement to hold a liquor license was unconstitutional because it was a protectionist measure (i.e., intended to reduce competition from out-of-state businesses for the benefit of local businesses) clothed as a police power in violation of the Commerce Clause. » Read More
Matthew B. Andersen, Esquire, an attorney in the Liquor Law Practice Group, was recently successful in transferring a restaurant liquor license into Whitehall Township. The license was obtained from the most recent Pennsylvania Liquor Control Board liquor license auction. » Read More
On June 28, 2019, Governor Wolf signed into law HB262, which amends the Tax Code for various reasons, but most importantly to the brewing industry, clarifies sales tax assessment for a brewery’s taproom sales to its consumers.
This journey for breweries in Pennsylvania began approximately five years ago when yours truly re-wrote a portion of the Liquor Code. » Read More
Last week, the United States Supreme Court (“SCOTUS”) issued the long-awaited decision in Tennessee Wine & Spirits Retailers Association v. Thomas (“Tennessee Wine”). The Tennessee Wine case was watched closely by liquor attorneys, businesses, consultants and others, as it was the first case that SCOTUS has heard since 2005 regarding constitutionality of state liquor laws. » Read More
With the recent closing of the purchase of the Sands Casino in Bethlehem by Wind Creek Hospitality for $1.3 billion, the question of the legality of video “games of skill” remains a focus and a hot topic within the Commonwealth. Many of these games are a significant source of income for many businesses, including liquor license establishments, which have been allowing them on their licensed premises since a 2014 decision in Beaver County that ruled that a video game machine manufactured by Pace-O-Matic was not a “gambling device per se.”
Since that controversial decision, the legality of these games has been an unknown gray area. » Read More
In September 2018, the New Jersey Division of Alcoholic Beverage Control (ABC) issued, and quickly rescinded, a Special Ruling Authorizing Certain Activities by Holders of Limited Brewery Licenses. Amidst a media frenzy, the ABC decided that it should postpone the implementation of the Special Ruling so it could speak further with New Jersey’s limited breweries and other stakeholders in an effort to make the Special Ruling more palatable to the industry. » Read More
Crowdfunding has become a popular way for businesses, including breweries, to not only raise money, but also market their brand before launching their products. Although crowd-sourced funding has its benefits, it also has its pitfalls. For instance, what happens if you use crowdfunding prior to opening your brewery, but you never open your doors due to unforeseen circumstances, and the money you raised on Kickstarter is gone? » Read More
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