Utah State Senator John Valentine (R) (Orem) has introduced a bill (S.B. 261) that may significantly affect alcohol operations if adopted. S.B. 261 would require that all restaurant patrons must be “seated” to be served or consume a drink. Current law allows a patron to be served and consume a drink while standing at a counter, … Continue Reading
We are pleased to announce that we have opened a satellite office in Washington, D.C. Our new address, effective immediately: Stoel Rives LLP 1020 19th Street NW, Suite 375 Washington, DC 20036 Phone: (202) 398-1795 / Fax: (202) 621-6394 The new office is headed by firm partner Greg Jenner, a former Deputy Assistant Secretary of … Continue Reading
Utah’s liquor control agency has started citing restaurants that serve alcoholic drinks to patrons before they order food. The agency has shifted policy to now strictly interpret a key provision of Utah’s Alcoholic Beverage Control Act, which provides: A full-service restaurant licensee may not sell, offer for sale, or furnish an alcoholic product except in … Continue Reading
Litigation concerning the direct shipment of wine has garnered a significant amount of attention in the years since the United States Supreme Court’s seminal decision in Granholm v. Heald. Generally speaking, these disputes have played out in the federal courts, far removed from the typical family winery. Although direct shipment will remain an important issue … Continue Reading
by Susan Johnson and Claire Mitchell As we reported last week, Washington Initiative 502 (I-502), a marijuana law reform measure which appeared on the November 2012 general ballot, won the popular vote passing by a margin of approximately 55% to 45%. Now that the initiative has passed, as of December 6, 2012, it will be … Continue Reading
Co-authored by Susan Johnson and Stephanie Meier Earlier this week, Washington Initiative 502 (I-502), a marijuana law reform measure which appeared on the November 2012 general ballot, won the popular vote passing by a margin of approximately 55% to 45%. As a result, beginning on December 6, 2012, the initiative that is now law will … Continue Reading
WSLCB adopted a new rule that will allow spirits retail licensees to deliver spirits to customers that place orders in person, through the mail or over the phone, fax or internet. This rule mirrors the beer and wine delivery privileges currently held by grocery store and beer/wine speciality shop licensees. The rule will go into effect December 8, 2012, … Continue Reading
The Washington Supreme Court has upheld I-1183. Here is a link to the opinion, the concurrence and the dissent. We will follow up with additional analysis, but for now, you can plan your first trip to the grocery store to purchase liquor as early as tomorrow.… Continue Reading
by Hunter Ferguson Yesterday, the Washington State Supreme Court heard oral argument in Washington Association for Substance Abuse & Violence Prevention v. State, concerning the constitutionality of I-1183. WASAVP contends that I-1183 violates Article II, § 19 of the Washington Constitution in two ways: (1) the initiative violates the “single-subject rule,” by including a $10 million … Continue Reading
Today the Washington State Supreme Court accepted review of the challenge to I-1183. The briefing schedule has been posted, and the arguments are set for May 17th. We expect an opinion to be issued before the June 1st implementation date for retail spirits sales. Our colleague Hunter O. Ferguson provided the following update: I. WASAVAP v. … Continue Reading
Defenders of I-1183 received a holiday gift last week from the Cowlitz County Superior Court. On Thursday, December 22, 2011, the Court issued two important rulings in the declaratory judgment action challenging the constitutionality of I-1183. First, the Court granted the motion to intervene brought a group of supports of I-1183 led by Costco and … Continue Reading
Despite Washington voters’ approval of I-1183 in the November 2011 election, the effort to privatize the wholesale distribution and retail sale of liquor in Washington faces another hurdle. Last week, two lawsuits were filed in Washington courts challenging the validity of I-1183. The plaintiffs in both cases contend that the newly enacted law violates the … Continue Reading
On April 15th, a California Superior Court Judge denied a challenge to San Diego County’s new Winery Ordinance. The Ordinance, passed in 2010 and available here, eases restrictions on tasting rooms and sales for smaller producers and allows others to essentially “fast-track” registration as a “small winery” with such designation allowing for pre-approved events, such … Continue Reading
For those interested in the status of Washington State wine legislation, the Washington Wine Institute provided this useful legislative update to various wine-related bills moving through the House and Senate.… Continue Reading
With the turn of the calendar and after nearly a year of political wrangling, conjunctive labeling will be the norm for Sonoma County wineries beginning in 2014. Passed by unanimous vote in both the state assembly and senate in August and signed by Governor Schwartzenegger at the end of September, AB 1798 will require … Continue Reading
A recent legislative audit made several strong recommendations for reforming Utah’s liquor laws, in particular the quota system for granting alcohol permits. The audit echoes reports that the current shortage of alcohol permits is stifling economic development and does not reflect the state’s changing population. Utah is in the small minority of control states that grant liquor … Continue Reading
Senator John Valentine (R – Orem) has announced that he intends to introduce a bill in the next Utah legislative session that would establish a property right in liquor permits, allowing restaurants with current liquor permits to sell them. Use of any purchased permit would be conditioned upon approval by the state liquor-control board. The … Continue Reading
As we previously reported, Utah is considering privatizing at least some aspects of its liquor control. On Wednesday, August 25, John Freeman, the Deputy Director of Operations for The Utah Department of Alcoholic Beverage Control (“DABC”) appeared before the Privatization Board to answer questions. Mr. Freeman presented four reasons to maintain the status quo. First, … Continue Reading
The sixteen-member Utah Privatization Policy Board was created by the legislature to determine what services currently provided by the state can be privatized. State liquor stores are one of many state functions that the Board is examining. Utah is one of 18 states, and two Maryland counties, that currently use a state run retail system, commonly … Continue Reading
Word is out that enough signatures have likely been gathered to ensure that an initiative backed by Costco will make it on the on the ballot in Washington State in November. The Costco backed initiative would transition sales of spirits in Washington State from state operated liquor stores to private retail stores and allow manufacturer to … Continue Reading
