SB 384:  The Legislation to Extend Hours of Operation



Gaslamp Quarter, San Diego, CA by Leandro Neumann Ciuffo, Flickr Creative Commons

California is on the verge of changing legislation which has been on its books since the end of Prohibition.  Since that time, California alcohol businesses have been banned from operating between the hours of 2 a.m. and 6 a.m., statewide.  If Senate Bill 384 (SB 384) passes, select businesses will be permitted to operate until 4 a.m.  Continue reading

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What are the limitations on Happy Hours?

happy hour sign



Happy hours offer a great deal of versatility for a business to attract new customers and set itself apart from the competition.  As with most marketing in this industry, however, there is a series of rules and regulations which a business must work to comply with in operating a happy hour.   Continue reading

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The Top Fifty Craft Breweries of 2016

The Brewers Association released its annual lists of breweries – two lists: Craft breweries and overall breweries. The lists can be found here:  Top Fifty

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Five wage & hour principles most likely to land you in hot water

Wine ServerEmployment laws are so wide-ranging and detail-specific that businesses often ignore the simplest but most sacrosanct rules.  For a broader and detailed understanding, a good place to start is at the website of the Labor Commissioner – Dept. of Industrial Relations.  However, allegations of failure to comply with the following five fundamental principles account for a huge number of the claims I defend:  Continue reading

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Brewery & Distillery Law Powerpoint

These slides are from a Powerpoint presentation I gave on two topics (regulations and contracts) at an NBI conference on brewery and distillery law.  Without the oral presentation, these slides are useful more for the purpose of spotting issues.  If you have questions, please feel free to follow up with me and, time allowing, I’ll try to answer your questions.

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Starting a Craft Brewery- Part 4 – business structure and distribution

English Brew PubPart 1 of this series discussed state licensing for establishing a brewery.  Part 2 discussed municipal and county regulations for a new brewery.  Part 3 discussed the process to receive federal permits, labeling requirements, and brewer’s bonds.  Part 4 will discuss selecting a brewery’s business entity and distribution methodology. Continue reading

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Protecting your recipe with trade secret law



Alex Wellerstein, “SECRET” stamp, via Flickr Creative Commons CC 2.0

Some breweries take a wide variety of measures to ensure that their recipes do not fall into the competition’s hands.  These measures can serve as more than a tool to prevent emulation by the competition.  They can document the recipe as intellectual property, which can provide additional protections if the recipe does somehow land in the competition’s hands.  This article will describe the requirements for a recipe to be a trade secret, effective tools to meeting the requirements, and the potential benefit of holding a trade secret. Continue reading

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