Pennsylvania Winery and Hospitality Lawyer

Pennsylvania Wine Shipment Legislation Gains Momentum

Judy Young — Tue, 10 Apr 2012 01:06:16 +0000

On March 28, the Pennsylvania State Senate unanimously passed 48-0, Senate Bill 790 which would allow consumers to have domestic wines from U.S. wineries shipped directly to their homes in the state. Under the legislation, consumers would be allowed to purchase by phone, mail or internet as many as 24 domestic wines per month. However, for those residents interested in purchasing imported wines, Pennsylvania residents would still be required to continue to obtain imported wine purchases from the 620 state owned/controlled liquor stores.

Under the bill, consumers would be required to verify their age and sign for shipments. Wineries would be required to collect taxes prior to shipping and to pay a $100 state registration fee annually along with reporting requirements to the Pennsylvania Liquor Control Board.

Pennsylvania is one of 14 states that restricts the shipping of wine to its residents. The State’s ban on direct shipment of wine has been a long standing concern integral to the wider debate on the future of the Pennsylvania’s state-controlled liquor store system. While proponents of the bill believe the legislation offers Pennsylvania residents a bit more liquor freedom while bolstering state revenue, Senator Lawrence M. Farnese Jr. D-Philadelphia, a co-sponsor of the bill voiced his disappointment arguing that late surfacing amendments to the bill shuts out “90 percent of the world’s wine” from French, German, Australian and other imports thus “giving the people of Pennsylvania less that what they should be getting”.

The Pennsylvania Liquor Control Board is the largest purchased of wine and spirits in the United States with sales topping $1.9 billion.

Calling All Pennsylvania Winemaker’s With No Dirt

Judy Young — Tue, 21 Feb 2012 06:11:14 +0000

Do you happen to be a Pennsylvania Winemaker with no vineyard? No Problem. Perhaps your real calling is that you’re a city dwelling vintner. Besides, the grapes only care about where they are grown and not where they are crushed. With that in mind, have you considered that maybe there is an Urban Winery in your future? If so, your time is now. Advances in both technology and transport are on your side. Today, there is a growing recognition that you really don’t have to have the dirt to start your own Urban Winery. Instead, your grapes can be grown in a remote location with you transporting them to your urban facility for crushing, fermenting, and aging.

Typically when we think of wineries, most of us think of expansive vineyards overlooking large gardens with a view. The Urban Winery is a growing yet different phenomenon. As the winemaker you can locate your winemaking production facility in an urban setting within a city rather than the traditional rural setting typically in close proximity to the nearby vineyard.

The upside of course is that you can attract all of today’s millennial’s who enjoy that frequented city dwelling lifestyle. This concept has all kinds of possibilities. Conceptually you’d be bringing the consumer intimately closer to the winemaking experience in a much more meaningful way, far beyond the wine bar experience. Your Urban Winery can be “the” gathering spot for the neighborhood locals who drop in to sip and take a few bottles of Pennsylvania wine home.

Urban wineries are rapidly cropping up across America. You could now find them in New York, California, Ohio, Maryland and Washington State to name a few.

So, if you’re ready to grab hold of those urban dwellers and are ready to provide them with an authentic winery experience– perhaps there is a Urban Winery in your future. Go for it Pennsylvania Winemakers!

How To Ensure Your Wine and Hospitality Business Success In 2012

Judy Young — Tue, 13 Dec 2011 03:47:14 +0000

If you’re preparing to open your own winery or hospitality business you have no doubt heard the warnings “its a jungle out there” or that “most businesses fail within the first five years”.

Whether your winery, restaurant, or hospitality business success or fails, the one sure truth is that you’ll be guaranteed to have some challenging times. Building a successful wine or hospitality business can be a true roller coaster ride. New entrepreneurs often underestimate the difficulty and pain that comes with starting a new business. The responsibilities are great. The time pressures are demanding. The financial investment often comes with significant personal costs.

The good news is that if you have fire in your belly, building your own business into a success will give you a personal sense of satisfaction and joy. It feels good. Thus if you’re starting a new winery, restaurant, or hospitality business in 2012, it is essential that you do it right. Here are just a few good tips:

You should consider preparing an effective business plan.
Know your market.
Watch you cash flow.
Deliver a good product or service.
Implement the right legal protections.
Listen to your customers.
Participate in your industry’s trade organizations.
Hire a good attorney who understands your business.

Arming yourself early on at the inception of building your new winery or hospitality business will go a long way to helping your business grow and become a success. And, by all means, “get in where you fit in”

An End To Swipe And Blow For Pennsylvania Wine Consumers

Judy Young — Wed, 21 Sep 2011 22:23:27 +0000

The Pennsylvania Liquor Control Board has ended its ill-fated wine vending program after a year’s experiment with statewide grocery stores. The wine kiosks located at 21 stores throughout the state required customers to swipe their ID, blow into a breathalyzer and look into a security camera to buy their wine. The program came under tough scrutiny with customer complaints, mechanical problems and lagging sales. This week, the PLCB concluded the wine kiosks program after the manufacturer Simple Brands LLC of Montgomery County defaulted on a payment of more than $1 million per Joe Conti, CEO of the PLCB. The end of the kiosks program comes during a time where House Majority Leader Republican Mike Turzai has introduced a bill to privatize the state’s liquor system proposing the sale of liquor licenses wherein supermarkets would be able to purchase licenses and sell wine to its customers. Alternatively, the PLCB initially envisioned the wine kiosks program as a way to implement modernization into the state’s liquor control system. Meanwhile as the turf battles continue in the industry, some of us are still looking for ways to “eat local” and “drink local”. Now what say you?

The Pinnacle Of Professional Achievement In The Wine World Takes In New Members

Judy Young — Fri, 09 Sep 2011 16:57:43 +0000

The Institute of Masters of Wine (IWM) has announced its newest members. As covered in my earlier post, Does The Pinnacle of Professional Achievement In The Wine World Excite You?, this accomplishment is considered the “hardest test of knowledge” in the wine world. Congratulations to all of this year’s newest members. For more read: 11 New Masters of Wine Announced.

Is Your Pennsylvania Wine Ready To Take Flight?

Judy Young — Fri, 29 Jul 2011 18:38:16 +0000

Does your Pennsylvania wine have a distinct taste and flavor that will come through if sipped at 30,000 feet? Is so, the airline industry may be the place for your wine to take flight. It appears that U.S. airlines have taken note that passengers keep coming back to their airline based on the wine and champagne served in the cabin. As such, Sommeliers are now working with the airlines to choose which wines will be served. Perhaps your Pennsylvania is ready to take flight. For more on this subject take a look at the video below:

Pennsylvania Wine Bloggers:Want To Know Who’s Got The Juice?

Judy Young — Wed, 27 Jul 2011 18:39:11 +0000

The public voting is complete for the 2011 Wine Blog Awards! Over 3011 people voted for their favorite finalists. The social media wine blog winners were announced at the 2011 North American Wine Bloggers Conference. The public has spoken. These folks have got the juice!

Best Overall Wine Blog–Fermentation
Best New Wine Blog–Terrorist
Best Writing on a Wine Blog–Vinography
Best Winery Blog–Tablas Creek
Best Single Subject Wine Blog–New York Cork Report
Best Wine Reviews on a Wine Blog–Enobytes
Best Industry/Business Wine Blog–Fermentation
Best Wine Blog Graphics, Photography & Presentation–Vino Freakism

Congratulations to all the winners!

Here’s What Every Pennsylvania Liquor And Limited Winery Licensee Should Know

Judy Young — Fri, 22 Jul 2011 18:58:46 +0000

Pennsylvania’s Governor Corbett recently signed into law Act 11 (HB 148) which has made numerous changes to various sections of the Liquor Code. The Act made changes include adding a definition of “happy hour” and permitting retail liquor licensees to hold happy hour pricing up to four (4) hours per day and up to fourteen (14) hours per week. “Happy hour” is now defined as “the period of time during which a licensee discounts alcoholic beverages”. While the maximum period remains fourteen (14 hours per week, licensees will be able to adjust the length of their daily happy hours to take advantage of slow/busy days as long as the maximum limits are not exceeded. The hours need not be consecutive, but prohibitions against giving discounts between midnight and closing remains intact.

Three large changes have occurred for Pennsylvania’s Limited Wineries.

1) Effective immediately a limited winery can sell food for consumption on or off the main licensed premises and at its additional Board approved locations. It can also now sell wine by the glass at both its main premises and its satellite locations.

2) Effective immediately, a limited winery is now allowed to sell its alcoholic products from 9:00 am to 11:00 p.m, extending from the old 9:00 p.m. closing. The old law regarding expanded hours for the holiday period has been deleted.

3) Effective July 28, 2011, a limited winery will be able to apply for a “farmers market permit” for the sale of its product at more than one (1) famers market at any given time. The permit fee is $250.00 annually and there is no limit as to the number of days it can be used in that year. The limited winery can sell by the bottle or in case lots. All sales must occur during the standard operating hours of the farmers market. Samples must be free and cannot exceed one (1) fluid ounce per brand.

For more on the new changes to the liquor laws read: What Licensees Should Know About Act 11 of 2011.

Does The Pinnacle Of Professional Achievement In The Wine World Excite You?

Judy Young — Fri, 10 Jun 2011 16:55:40 +0000

Does The Pinnacle Of Professional Achievement In The Wine World Excite You? Do you have a serious interest in wine? If so, perhaps you are Pennsylvania’s future Master of Wine! A Master of Wine is someone who has demonstrated through rigorous examination, a knowledge or all aspects of wine and ability to communicate their wine knowledge clearly in order to bring wine communities together.

It is said the “hardest test of knowledge” in the wine world is the Master of Wine Exam. Administered by the Institute of Masters of Wine (IWM) the program has fewer than 300 graduates in total. With essays and blind tastings, very few test takers pass both requirements on the first try.

But don’t let difficulty keep you away from gaining the wine world’s most prestigious credential. Graduates are known to be in the wine world’s most exclusive club. After all, it is the pinnacle of professional achievement in the wine world. Okay I’ll admit, I’ve thought about it myself a time or two. What about you?

For more about the Masters of Wine, read Mike Steinberger’s take on the matter at Slate.com: The Master of Wine Exam

Shout Out To Pennsylvania Winery and Hospitality Bloggers: Whose Got The Juice?

Judy Young — Thu, 26 May 2011 22:28:30 +0000

It’s that time again folks! The nomination period is open for the 2011 Wine Blog Awards. We can look forward again to seeing which social media wine bloggers are giving American media a run for its juice. Will your winery’s blog be chosen to be amongst this year’s nominees?

Go now and make your nomination! 2011 Wine Blog Awards