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Pennsylvania’s Liquor Control Board’s Advocacy For Modernization Continues

The Pennsylvania Liquor Control Board’s Chief Executive Joseph Conti appeared before the Pennsylvania Senate Law and Justice Committee this week to address its plan to modernize the Board’s operations. Ten proposals were offered to law makers as an effort to stave off privatization of the state’s Wine and Spirit stores. For more read: Pennsylvania Independent’s: Pennsylvania Liquor Control Board Proposes Ten Ideas For Modernization

Beer, Wine & Spirit Producers Fight Back Petitioning Congress To Reject HR1161.

The wine wars continue.

Members of the Beer, Wine & Spirit Industry joined together recently to urge members of Congress to oppose the “Community Alchohol Regulatory Effectiveness” Act of 2011 (CARE), the legislation (H.R. 1161) sponsored by the wholesellers tier of the Alcohol Beverage Industry.

Wine America, The Brewers Association, Distilled Spirits Council of the United States, Wine Institute, Beer Institute, and the National Association of Beverage Importers strongly oppose H.R 1161. In their recent letter to Congress, the producers stated “We strongly oppose H.R. 1161, which like its predecessor in the last Congress, is unnecessary. Its provisions would harm consumers and the marketplace, limit consumer choice, and allow states to enact protectionist and anti-competitive laws. It this bill becomes law, it would make it much harder for brewers, vintners, distillers, and importors to get their products to market.”

To view the entire letter, read here.

Pennsylvania Liquor Control Board Proposes To Modernize It’s System Of Wine and Liquor Sales

Pennsylvania Liquor Control Board officials advocated modernization changes today as it faces the threat of privatization by Gov. Tom Corbett and others to privatize the system.

The changes were discussed today at a state Senate appropriations hearing. The proposed changes include:

–Increasing Sunday store closing hours from noon until (currently 5pm) 7 or 8 pm

–Erasing the state’s current limit of only allowing 25% of the stores open on Sunday

–Allowing direct shipment of wine/liquor from out of state online retailers to go direct
to Pennsylvania households versus the current practice of state store product pickup.

–Varying the standard 30% markup on all wine and spirits sold in the stores.

For more on this read: LCB Proposes Changes To Stave Off Privatization

Is Your Winery, Wine Or Hospitality Business On Trickster, Fraudster, Scammer, Gangster Alert?

Just how alert are you from the tricksters, fraudsters, scammers, and gangsters that are out to drain your winery, wine or hospitality business profits? These predators prey on the fact that while you’re out planting grapes, stocking the tasting room, meeting with new vendors, or maybe seeking counsel with me, you’ll be to busy to notice that your winery or hospitality business has been targeted by yet another treacherous scam.

Perhaps its an invoice for a product you didn’t order. Or maybe you’re being hounded by a debt collector seeking a past due collection on an internet service you didn’t buy. Could it be you’re being gouged for some ink you didn’t receive?

Either way, now is as good of time as any to learn how to protect your business from these predators. Take a moment now to watch this video and learn what you can do to protect your business from fraud.

Now, tricksters, fraudsters, scammers,and gangsters beware!

Pennsylvania’s Restaurant and Hospitality Industry “Happy Hours” Are Looking To Get Happier

A legislative bill by state Rep. John Payne, R-Dauphin was unanimously approved by the state’s House Liquor Control Committee and now moves to the full House for consideration. The bill would allow the restaurant and hospitality industry in Pennsylvania happy-hourto have longer “happy hours”. The bill is aimed at giving restaurants and bars greater flexibility and would also allow them to sell more wine to patrons for off premise consumption at offsite catering events.

Currently, “happy hours” are limited to two consecutive hours per day, with a 14 hour per week limit. The proposed changes would allow establishments to hold happy hours up to 14 hours a day but still be limited to not more than 14 hours a week. The 14 hours could be divided up however the proprietor wants thus allowing for greater flexibility. Happy hours would remain prohibited after midnight.

Under current law a restaurant with a liquor license cannot serve alcohol at off site catered events. The proposed legislative change would allow a restaurant’s liquor license to be valid for off premise catering. The proposed changes would not effect dry communities. Serving alcohol in dry communities would remain prohibited.

Finally, the proposed legislation would allow a patron to buy up to three bottles of unopened wine and take it home. Albeit this can be routinely a more expensive way to buy wine, proponents of the bill believe this change allows the customer a way to buy those “hard to find” wines.

In that the proposed legislation House Bill 148 is aimed at modernizing the state’s liquor code, Payne’s proposal has the support of the Pennsylvania Tavern and Restaurant Associations.

Direct Wine Shipping Gains New Life In New Jersey

It appears New Jersey wineries are actively working with state legislators to enact legislation that may soon open the doors for wine shipping by both in and out of state wineries. The direct shipping bill SB766 which passed the state Senate in 2010 is expected to be fast tracked along with companion bill AB1702. For more on this topic read Wine Spectators’s: Direct Shipping Coming Soon To New Jersey?

Pennsylvania Supreme Court Upholds The Sale Of Beer At Wegmans Stores

This week the Pennsylvania Supreme Court potentially opened the door for beer sales at supermarkets and big retailers. The seven justices found in a unanimous decision that the Pennsylvania Liquor Control Board properly granted licenses to Wegmans Food Market Inc. to sell beer at eating areas in its supermarkets. For more information read The Philadelphia Inquirer’s: Pennsylvania Supreme Court Upholds Beer Sales At Wegmans Store.

Pennsylvania’s Winery Neighbors In The Garden State Of New Jersey Have A New AVA Designation.

Pennsylvania’s neighbors in the Garden State of New Jersey continue to emerge as east coast regional wine producers with its recent American Viticulture Area approved by the US Department of the Treasury’s Alcohol, Tobacco, Tax and Trade Bureau. The South East geographic portion of the state has been designated The Outer Coastal Plain AVA.

This is exciting news for the state’s emerging wine industry. I look forward to including more posts on New Jersey’s winery/hospitality industry and as a member of both Pennsylvania and New Jersey state bars, to address their future legal needs as well.

Meanwhile, for more on this news read Dr. Lawrence Cola’s: New East Coast AVA Established

Did Your Pennsylvania Winery Or Hospitality Business Have A Year Of He Said, She Said “Talk To The Hand”?

Have you suffered adverse consequences in your Pennsylvania restaurant, winery ortalktothehand-50773 hospitality business this year by being far too trusting? Did you rely on mutual trust by conducting your business strictly on the basis of a handshake? Perhaps you found yourself in the middle of an ugly verbal confrontations of “he said, she said “ telling the other party to ‘talk to the hand”?

If so, now might be the time to formalize your Pennsylvania restarurant, winery or hospitality business infrastructure by putting your future agreements in writing. Why? Because parties often forget the terms of their oral agreements. While oral agreements often exist, they can be difficult to prove and to enforce. A written contract will help you guard against confusion, misunderstandings and the forgetful mind as you go about your day to day business operations.

Whether you make agreements with your local suppliers for daily produce deliveries or your favorite caterer to reserve banquet room or tasting room space, a written contract is a sound business practice. Routinely, hospitality businesses often find it objectionable to draft contracts for every single business transaction. Oftentimes the cost of retaining a lawyer might appear to out way the benefits derived from memorializing mutual promises. In these instances you may want to alternatively consider having your attorney prepare form agreements that can be used multiple times and can prove to be cost effective. In the event of a dispute, having your written agreement for purchases, catering, or meeting space can be very beneficial.

The written agreement doesn’t have to be a complex document full of legal mumbo jumbo. It should be in plain english and contain certain essential provisions. Thus when promises between the two parties are not kept and contract obligations go un-fulfilled, you will be on stronger legal ground to pursue economic remedies for your losses.

For example, lets imagine that the local tour bus company in your area contracts with 40 of its customers to participate in a tasting at your winery or dinner at your restaurant. When the tour group arrives they find your establishment is unable to accommodate the prior reservation. Perhaps the tour bus company oversold the event. Your understanding was that you agreed to twenty customers not forty. The tour bus company because of the confusion and misunderstanding may now find itself in breach of its contract with its patrons. The tour bus company then pursues litigation against your establishment for failure to provide food and/or alcohol services to their customers. Do you see where this is headed? Hence the best way to avoid these circumstances is to get your agreements in writing.

If and when a disagreement arises, you won’t have the need to shout “talk to the hand”. Instead you can produce your written contract of what he said, she said that was intended to safeguard against any subsequent misunderstandings.

Your interests are now protected.

Have You Considered “Greening” Your Pennsylvania Winery or Hospitality Business?

Have you considered “greening” your Pennsylvania Winery or Hospitality Business? If so, you may want to follow in the footsteps of University of California, Davis. Looking to serve as a model for wineries and hospitality industries throughout the nation, UC Davis has launched the world’s “greenest” winery, brewery and foods facility. The new winery, brewery, and food processing complex was designed to serve as a “test bed” for production processes and techniques that conserve water, energy and other resources. For more information read: UC Davis Launches World’s Greenest Winery, Brewery, and Foods Facility.