Late last year, the President signed the Taxpayer Certainty and Disaster Tax Act of 2020, which made most of the Craft Beverage Modernization and Tax Reform Act (“CBMTRA”) provisions permanent starting January 1, 2021. The CBMTRA makes extensive changes to the federal excise taxes on wine, distilled spirits, and beer.… Continue Reading
This post was guest authored by Stoel Rives summer associate Alex Pearson. With the Washington State Legislature’s third special session at a close, now is a good time for alcoholic beverage producers and distributors to take a moment to look at five bills that passed the Legislature and were signed into law by Governor Inslee this … Continue Reading
This post was guest authored by Stoel Rives summer associate Antonija Krizanac. Since the 2017 Oregon Legislative Session convened on February 1, 2017, the Legislature has introduced a variety of bills that impact the Oregon alcohol and beverage industry. Out of the countless proposed bills, five have already been signed by the Governor and will go … Continue Reading
This post was guest authored by Stoel Rives summer associate Emma Vignali. On July 23, 2017, numerous Bills will go into effect that will meaningfully impact alcohol and beverage retailers across Washington. Governor Jay Inslee will sign four bills that will create opportunities for alcohol retailers and simplify the licensing process for current and future licensees. … Continue Reading
Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit issued in 1997. The Draft Industrial Storm … Continue Reading
Late last week, Oregon lawmakers shot down SB 1559, a bill that proposed what some called a compromise on liquor privatization in Oregon. It would have allowed grocery stores 10,000 square feet or more to sell liquor from their shelves, while keeping the Oregon Liquor Control Commission in control of the supply. Lawmakers sent the … Continue Reading
Based on preliminary results from Tuesday’s election, it appears that Washington State’s hotly debated Initiative 522 (I-522) concerning the labeling of genetically-engineered foods has gone the way of California’s Proposition 37. Washington officials reported on Wednesday, November 6, 2013 that voters had rejected the measure, 54% to 46%. California’s similar labeling measure, Proposition 37, was … Continue Reading
The Oregon Liquor Control Commission (“OLCC”) is initiating rulemaking that would amend licensing requirements for outdoor areas and distilled liquor tasting. Outdoor Areas The OLCC has proposed two new rules to address the licensing qualifications and operating requirements for “exclusively outdoor areas,” or areas that do not abut a licensed building. The rule would apply … Continue Reading
The DABC unexpectedly decided to forgo adopting an administrative rule interpreting Utah’s “intent to dine” law. As we discussed previously, the Commission was considering three draft rules that were intended to clarify the steps a restaurant licensee must take to confirm a patron’s intent to order food before a server can furnish an alcoholic drink. … Continue Reading
The controversy continues over Utah’s so-called “intent to dine” requirement for restaurants licensed to serve alcohol. As we previously discussed, the Utah Legislature amended the law to require restaurants to confirm that a patron has the intent to order food before serving an alcoholic drink. In response to the change, the DABC has proposed three draft rules, … Continue Reading
Oregon Senate Bill 841 brings finality to the ongoing debate about the appropriate intensity of agri-tourism and other commercial events held at wineries on agricultural land. Looking forward, wineries permitted under ORS 215.452 are allowed to engage in activities that are directly related to the sale and marketing of wine without local review. These types … Continue Reading
As the Utah Legislature wrapped up its session this week, it appears that a battle is brewing between the House and Senate over alcohol reform. Citing a concern with the “culture of alcohol,” the Senate declined to support many of the measures the House approved this session. The House voted to eliminate the so-called “Zion curtain,” … Continue Reading
Only two proposed amendments to Utah’s Alcoholic Beverage Control Act passed during the most recent session of the Utah Legislature, which concluded on March 14th. H.B. 240 passed earlier in the session and addresses the “intent to dine” issue we reported on previously. Under the change, a restaurant licensee must confirm that a patron has … Continue Reading
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
