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Governor Wolf Orders All Law Offices To Close

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Governor Wolf has ordered all non-life-sustaining businesses, including law offices, to close effective immediately. The governor’s order, remains in effect until further notice. The order allows “virtual or telework operations (e.g., work from home), so long as social distancing and other mitigation measures are followed in such operations.

We are all facing an unprecedented situation. As COVID-19 continues to spread, there’s nothing more important to us than the well-being of our clients. Pennsylvania Winery and Hospitality Lawyer has operated virtually for over a decade and we will continue to do so throughout these difficult times. Trust that you will be able to reach us so that we may continue to serve your legal, contract, or business needs that are important to your wine or hospitality business.

While these times are unprecedented and circumstances are fluid, we also know that they are temporary. We are inspired to see our people and community coming together. Please take care of yourselves, your family and the ones you love. We look forward to serving you.

Judy M. Young, Esq.

Principal, Pennsylvania Winery and Hospitality Lawyer

 

HOW WILL YOUR PENNSYLVANIA WINERY OR WINE BASED BUSINESS TAKE SHAPE IN 2016?

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successhospitalityHappy New Year to all. I can’t believe another year has come and gone already. For myself, as the new year turns I’m taking a moment to reflect back on how well I achieved the goals I set for myself last year and to create new ones. Hence, it’s been a good time to dust off the old business plan to reflect on progress made or the lack thereof. In other words, I’m holding myself accountable for doing what I told myself I was going to do. So far, my persistence and diligence is bearing fruit for those new goals I’ve taken on. I’m also looking to scrap those goals that aren’t working.

I know some of you are contemplating taking the plunge this year to establish your own winery or wine based business. If so, this is a great time to lay your foundation towards developing a successful winery or wine and hospitality based business by creating your business plan.

Creating a business plan forces you to focus on identifying your goals and objectives as well as how to set plans on how to reach them. In other words, where do you see your business 1 year from now, 3 years from now, or even 5 years from now? Who are your customers? What specific products will you offer? Have you identified your competition? What are your start up costs and sources of funds? What is your mission? Who is your target market? How will you manage the local, state, and federal regulations governing the business of alcohol? Exactly how will your business take shape in 2016?

These are just a few questions to think about when starting your own winery, wine or hospitality based business. As the beginning of the year unfolds, use this time to build your business plan and set achievable goals. Your business plan will keep you on the right track in 2016 and the years to follow.

Does Alternative Lending For Your Pennsylvania Wine Or Hospitalty Business Sound Enticing?

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We can all probably agree that building your new winery or hospitality business takes hard work, dedication, perseverance and boatload of money. Whereas the baby boomer generation typically relied on traditional forms of financing such as bank loans, savings accounts, small business administration loans and daddy, today’s millennial entrepreneurs are turning to non-traditional forms of financing and lending sources. seed$images

Millennial hospitality and wine business entrepreneurs who have struggled to find access to capital are relying now on more organic ways to fund their wine and hospitality businesses. One such way is by pursuing alternative crowd-funding financing. Crowd-funding, also known as peer-to peer lending, is a popular and growing alternative method of raising money.

Unlike an angel investment in which one person typically takes a larger stake in a small business, crowd-funding attracts a crowd of people, each of who take a small stake in a business by contributing towards an online funding target. Its main benefit is the creation of a strong network of support for your business. Your investors often become your evangelists for your brand.

On such crowd funding source is Kickstarter (www.kickstarter.com). Typically there is no cost to launch a crowd-funding campaign. If you business is successful in its funding, Kickstarter takes a small fee plus payment processing. If your campaign fails, there are no fees.

Crowd-funding can provide a fantastic opportunity but it should not be taken lightly. You may wish to contact your lawyer or CPA for professional assistance. For more help and information on this alternative financing source, you should also consult the Small Business Administration’s (www.SBA.GOV) online course on Crowdfunding for Entrepreneurs.

Now go out there and “show me the money.”

Pennsylvania Regulators Make Way For Beer Home Delivery

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While most beer buyers have to purchase beer by the case or keg from a distributor, new changes are underway with the Pennsylvania Liquor Control Board that make way for less restrictive rules around the beer imagesselling of beer in Pennsylvania.

The PLCB’s recent changes underway allow for the selling of a 12-pack of beer or less with food orders from businesses that have a “Transporter-for Hire” License. The purchase of beer must be processed in advance in the store prior to delivery. In other words, the beer has to be paid for over the phone with a credit card. Proper ID must be provided in an effort to avoid selling to minors.

This new change comes as good news to many restaurants and businesses hoping to boost their profit margins. For more, see below:

May Your Holiday Wishes Be Filled With Good Wine and Cheer!

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Happy holidays and best wishes from the Law Offices of Judy M. Young, LLC. Its hard to believe its been almost eightchristmas-holiday-wallpaper years since the launch of Pennsylvania Winery and Hospitality Lawyer. Its been a real joy and a blessing to serve the needs of the Pennsylvania wine and hospitality community. As 2015 approaches, we look forward to serving your future legal needs. We hope your new year is filled with good health, happiness, and cheer.

A Best Business Practice For Your Pennsylvania Hospitality Business

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One of the most difficult factors to comply with when forming a Limited Liability Corporations (LLC) is to remember that you and your business are not the same. This is especially significant for LLC’s that have a single member or handful of members.best_practice2.6022437_std

As the LLC owner, you are distinguishable now as the Agent of the LLC. Thus, when signing contracts and other business documents, you should do so on behalf of the LLC and not as an individual. This can sometimes be difficult to remember if you have grown out of your role as Sole Proprietor or Partnership, and have transitioned into a LLC.

In order to maintain the maximum protection of personal liability that your LLC provides, you will want to maintain this important legal distinction. Failure to do so may put you into a position where a judge may determine that you are personally liable for the debts of your restaurant, winery, or wine based based hospitality business. Adherence to this best practice will help to shield the members of the LLC.

Forming the habit of maintaining best business practices will ensure the success your hospitality business.

Protecting Your Pennsylvania Winery and Hospitality Business Summertime Event

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Now that summertime is here, your Winery, Restaurant, Wine Business or Bed and Breakfast may permit wineeventusing your facility for events such as festivals, weddings, outdoor jazz concerts and other events that attract customers to your venue and promote goodwill in your community.

When working with event planners you’ll need to remember to have a carefully prepared Agreement that will protect your risks and liabilities for the event.

A brief look at things you’ll want to consider:

**Outline the premises and facilities that the other party participating with you will be authorize to use. You may desire to restrict certain areas of your property.

**Identify the purpose of your agreement, the parties involved, and the duration of the agreement. Allow yourself a provision that gives you the power to terminate the agreement if necessary.

**Detail the necessary payments, deposits and schedule for which they are to be paid.

**Be clear about which party is responsible for particular services and amenities (food, beverages, security, entertainment, lighting, janitorial clean-up.)

**State which party will be responsible for event permits and licensing.

**Identify who will be responsible for monitoring alchohol consumption of the guests. Make sure the alcohol servers are RAMP trained so they may prevent underage service, excessive consumption and intoxicated guests from driving.

**Allow yourself a provision to be compensated for premise damages that may be incurred during such events.

**Have your legal counsel prepare and/or review your written Agreement prior to the execution by each party.

And by all means enjoy your summertime events!

New Jersey Bars And Restaurants Under Investigation For Dishonest Alcohol Practices

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New Jersey State Officials are now investigation complaints about mis-labeled drinks used to scam bar and restaurant liquor customers. Samples taken indicate that the liquor sold was not the brand ordered. Dishonest practices used to increase profits have certainly put the owner’s liquor licenses up for suspension and or revocation as per the state’s Alcohol Beverage Commission. For more on these despicable practices see:

A Comprehensive Look At American Wine In All Fifty States

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Are you’re looking for a guide on American wines and those who make it? Is so you might wish to take a look at this new book by author and wine expert Janis Robinson. Janice takes a look at American winemakers in all fifty states. For more:

I have a dream. You have a dream. Or do you?

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Every year when the New Year rolls around I’m reminded of the folks that have approached my practice happy-new-year-wine-and-grapesat the beginning of every year to discuss their desire to open their own winery, restaurant, or other wine based business. We typically discuss how to best proceed in their mission. I listen respectfully as they share their dreams and passions. We talk about the hard work, the diligence and the finanacial committment that will be necessary to fulfill their dreams. Some of these entrepreneurs to be, discover that they more romantic hobbyists than entrepreneur, abandoning the dream along the way. Others non-committers speak their dreams out loud, failing to act, while watching at a distance as others take their dreams and implement the very dream they thought they once had but for their own failure to act.

When the dust settles and clears, what I’ve learned is that the difference between those that “talk the talk” and those that “walk the walk “ comes right down to the “doers”.

The “doers have a dream that they hold on to very tightly. “Doers keep their visions and plans to themselves so as to limit the negative feedback from those who would discourage them, identifying barriers or reinforcing negative thoughts their dreams can’t be accomplished. The “doer’s work diligently when no one is looking, often without pats on the backs, or ego’s stroked, perservering with their vision and goals. The “doer’s stay committed to their fulfilling their dreams of opening that new tasting room, restaurant, bed and breakfast or wine based business.

As the new year of 2013 unfolds, who will you be? Will you stay true to your dream of beginning the new path towards entrepreneurship. Perhaps your dream is to finally act on that expansion that you’ve been planning for years. Or maybe, this is the time to pursue that new acquisition. Might this be your year to build a new business? Whatever the case, if it is your dream, now is the time to act. Now is the time to do. Don’t let others derail what you know in your heart and mind is your dream path to follow.

Be a “Doer” in 2013. This is your time. This is your moment. Live your dream.