John Papianou’s Post

Local residents of South Orange and Maplewood have been hoping for change with respect to New Jersey policy as it applies to acquiring a liquor license. There remains a high barrier to entry for new businesses who need to have the cash to acquire a liquor license. Businesses who can afford to acquire a license need to charge more for their menu to offset the investment; this makes it difficult for the smaller (mom and pop) businesses to succeed. #equityinrealestate #newjerseypolitics #realestateadvisory https://lnkd.in/eeMt7Qpz

Build a solid foundation from day 1! The biggest hurdle faced by liquor retailers is liquor license application approval. If only it were as easy as submitting or mailing one form. Unfortunately, that's not the case. Liquor license approval depends on correctly fulfilling all requirements and understanding what the government looks for before giving an application the green light.

ATTENTION ALL STAKEHOLDERS: A Draft Amendment to the Western Cape Liquor Regulations, including proposed fee increases, has been published for comment. Please see more details & the Draft Regulations at https://lnkd.in/eetprq8D. Comments on the Draft Regulations must be submitted by 16 September 2023 to the Department of Community Safety. Liquor licensing fees are revised annually ahead of the liquor licence renewal period. Following a review of all comments and inputs received, the final amendment to the regulations will be gazetted, confirming the new licensing fees. #EffectiveRegulation #DraftAmendmentsLiquorRegulation #WCDraftAmendments #WCLA #PublicInterest #wcgov #CommunitySafety

From yesterday's ECJ Today: General Court Partially Annuls Intellectual Property Appeal Decision in McDonald's Case Summary: The General Court partially annulled and altered the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office in Case R 543/2019-4. The court found that the appeal brought by McDonald’s International Property Co. Ltd against the Cancellation Division’s decision was dismissed as regards the goods ‘chicken sandwiches’ in Classes 29 and 30, the goods ‘foods prepared from poultry products’ in Class 29, and the ‘services rendered or associated with operating restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities; preparation of carry-out foods’ in Class 42. The court also dismissed the action as to the remainder and ordered each party to bear its own costs. The court found that the evidence provided by the intervener was insufficient to prove genuine use of the contested mark in connection with the goods and services for which the trade mark was registered. The court also noted that the interpretation of the services concerned by the Board of Appeal was incorrect, and the evidence submitted did not demonstrate genuine use of the mark in connection with those services. *** Want to receive more summaries like this in your mailbox? Subscribe! https://lnkd.in/eR4EuZ6z (No credit card information required)

Making your own whiskey at home just became legal. Yes, you heard me right. A federal judge in Texas has declared a 156-year-old ban on at-home distilling unconstitutional. The case is Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau, U.S. District Court for the Northern District of Texas, No. 4:23-cv-01221. Key points: → The ban was found to exceed Congress's taxing power → It also violates the U.S. Constitution's Commerce Clause → A permanent injunction bars enforcement against the association's members The ruling is stayed for 14 days pending potential appeal. This decision could be a game-changer for hobbyists looking to legally produce whiskey and bourbon at home. The judge argued the ban: → Doesn't raise revenue, so it's not a valid exercise of taxing power → Can't be sustained under Congress' power to regulate interstate commerce Is at home distilling going to be the next big trend?

NEWS: In Tennessee, five liquor retailers have been fined more than $50,000 for shipping alcohol without a license. This court settlement follows a crackdown by the Tennessee Alcoholic Beverage Commission (TABC) and the attorney general's office. As part of the settlement, these retailers must cease illegal shipments and pay penalties. Ryan Malkin spoke with BevNet about the latest decision in the TABC case: "Other states could see sting operations like Tennessee, also starting with warnings. In my opinion, the amount of the fine is not significant enough to deter other retailers who intend to violate the rules in this state or other states." Ryan has been following this case closely when the news broke in July 2023 and spoke with BevNet in the summer about how the court's decision might go. His comment then was if distilled spirits producers had the same privileges as U.S. wineries, "it would certainly help to curb some of this interstate shipping by retailers." -- Stay informed on these critical legal cases shaping the spirits industry. #LiquorLawyer #Entrepreneurship #LegalServices #Law #DrinksIndustry #Regulations

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The Treasury minister is reported as saying there would be winners and losers under the new UK alcohol drinks structure and rates. That would always be the case but the small spirits producers got a black eye. There are indeed positives in the new alcohol and rates structure (though in any case, and despite what the minster says in the article, EU law provided for much of what the UK has implemented either within the Alcohol Structures Directive or by use of proportionality, subsidiarity respecting the principle of non-discrimination.)   The impetus for change to law was that post Brexit, the big distillers lobbied Boris Johnson to break free of the EU Alcohol Structures and Rates Directives, particularly in relation to spirits/whisky and this formed a commitment in the Conservative Party manifesto:   "Scotch whisky is a national export that supports 42,000 jobs across the UK. Yet the tax on each bottle of Scotch sold in this country represents almost three quarters of its price. That is why over the past two years we have frozen the duty on spirits, cutting the price of a bottle of Scotch by 30p. Now, we want to do more, which is why we will review alcohol duty to ensure that our tax system is supporting British drink producers."     But it doesn’t.  It fails in a big way.  In particular, EU law did not provide for an effective reduced rate for small spirits producers (or wine makers).  It did so for small brewers which the UK put into effect in 2002 (and pretty generously). But the government failed to make provision for reduced rates for small producers of products exceeding 8.5% abv, which means that there is no reduced rate for full-strength spirits which also bear the highest rate of duty at the standard rate.   Paragraph 4.30 of the HMT’s Alcohol Duty Review Condoc states: “The Government does not intend to extend… small producer relief to products at 8.5% ABV or above, which will exclude many (but not all) wines and spirit-based products. The Government intends to extend the relief to lower ABV products so as to reduce inconsistencies… rather than expanding small producer reliefs into wholly new areas.”   Yet the entire point was to support British drink producers which ought to have expanded the scope of small producer reliefs and in particular an effective relief denied in EU law to small spirits producers. This is astonishing given the rationale for the review and change to law.    We will be making the case for “expanding” the small producer relief both to this administration and opposition shadow ministers. Gordon Brown announced the small brewer relief scheme – the door is open for all small producers to be treated fairly. https://lnkd.in/eygWNXBt #alcohol #excise #spiritsindustry #hmrc #tax #beer