California brewery license types

Posted on April 19, 2018 by

There are four basic brewery licenses in California.   The descriptions of brewery license types below are straight from the California Department of Alcoholic Beverage Control (ABC).  Continue reading →

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Protect yourself against website lawsuits

Posted on April 19, 2018 by

ADA (Americans with Disabilities Act) lawsuits have spread to businesses’ websites.  I call these lawsuits “grey law” litigation because they are extensions of a law into areas which were they were not really designed to go.  As a result they are grossly unfair.  Moreover, the lawsuits seem focused more on extracting monetary settlement from threat of the cost of litigation rather than whether the claims have merit; or as one court phrased it, “by dint of nuisance and threat of expense” rather than by “threat of victory.”  Continue reading →

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Does Selling Growlers Leave Customers Susceptible to Open Container Violation?

Posted on March 15, 2018 by
Multiple Beer Growlers

Photo by Matthew Bellemare, Flickr Creative Commons 2.0

Growlers:  Branding them can make for great marketing.  Holding events around them can develop a loyal customer base.  For smaller breweries, they can be the only cost-effective way to allow your established customers to share your drink with others.  These re-fillable containers can be one of the most useful tools for breweries of all sizes.  But their prevalence forces the question, doesn’t sending customers to their vehicles with readily openable containers filled with beer open them up to open container violations? Continue reading →

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Less Known Alcohol Beverage Licenses in California

Posted on March 8, 2018 by
Outside photo of Congressional Country Club

Congressional Country Club, photo by Keith Allison, Flickr Creative Commons 2.0

California’s Alcoholic Beverage Control (“ABC”) offers a wide variety of license types, required for a wide variety of purposes in California.  Ordinarily, only a few types of licenses are commonly thought of (Types 20 and 21 for off-site sales and Types 40, 41, and 47 for on-site sales).  In total, however, there are more than 80 types of licenses, each for a different purpose.  As this blog previously discussed, a license is ordinarily required if alcohol is sold (even indirectly) or it is served at an event where a member of the public can attend, a license is required.  Continue reading →

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Tip Pooling Part Two:  Tipping Management and Other Employees

Posted on December 7, 2017 by

As discussed in Part One of the Gratuity Law Series, California’s Labor Code §351 provides that “no employer or agent shall collect, take, or receive any gratuity” if the patron intended for the gratuity to be given to an employee.  Though this statement may appear simplistic on its face, courts have frequently been asked to decide who is an “employer or agent” for the purposes of this law.  Continue reading →

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Why restaurants account for the most sex harassment claims

Posted on November 22, 2017 by

Nearly 40% of EEOC claims for sex harassment claims emanate from restaurants.  That’s more than any other type of business.  Why?  See this Atlantic Magazine’s CityLab article

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What’s required to begin franchising a business?

Posted on October 14, 2017 by
Raising Cane's

Photo: Flickr Creative Commons 2.0, photo by Mr. Blue MauMau -Raising Cane’s

The United States is filled with successful franchises, ranging from small businesses slowly spreading their reach to Fortune 500 conglomerates with a global empire.  Many times, the average consumer is oblivious to whether an establishment is operated by a franchisee, which is the business that receives proprietary knowledge and rights from the larger business, or by a franchisor, which is the larger business that provides a franchisee with proprietary knowledge and rights.  Continue reading →

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