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?
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 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
Have you suffered adverse consequences in your Pennsylvania restaurant, winery or
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.
There aren’t many Pennsylvania Wines if any that grab the attention of the famous global wine reviewer himself, Mr. Robert Parker. Happily, I wanted to give a very special shout out and big “congratulations” to my winemaker friends on the Lehigh Valley Wine Trail, Sarah and Galen Troxell at Galen Glen Winery for it’s notable Gruner Veltliner and Zweigeit Wines recently reviewed by Mr. Robert Parker. There is a lot to celebrate in the tasting room at Galen Glen Winery. To learn more about this great review read here: Robert Parker Scores Gruner Veltliner
Pennsylvania’s neighbors in the Garden State of New Jersey have recently begun to emerge as wine producers. With 39 wineries and eight more waiting for licenses, wine production in the state has improved dramatically in recent years. Thus, I look forward to including more posts on New Jersey’s winery/hospitality industry and to address their future legal needs as well. Meanwhile, for a closer look at New Jersey’s growing wine industry your may enjoy reading the Press of Atlantic City’s: A Growing Industry Gets Better With Age
Significant changes may be coming to the wine industry beginning with Washington State. Winemakers are looking to legalize virtual wineries which currently have no defined place within the state’s liquor legislation landscape. Like Pennsylvania, Washington State is one of 18 states to retain monopoly on liquor sales. To read more on the Washington’s potential new winery license read here: Will Washington Legalize Virtual Wineries?
The Pennsylvania Liquor Control Board has recently introduced it’s new vending machines aka “wine kiosks” to the Commonwealth. Customers must swipe their ID, blow into a breathalyzer, and look into a security camera to buy their wine. A State employee then verifies that you are who you say you are and that you are also sober. If you pass the swipe and blow test you are approved to buy wine.
Based on the success of a recent trial run of two test kiosks, the PLCB has just announced it will be adding over 100 kiosks in grocery stores all over the Commonwealth.
A big question still outstanding is whether Pennsylvania produced wines will make it into the wine kiosks for consumer purchase. After all, if its good for Pennsylvanians to “eat local”, then why not “drink local”?
What say you?
Unless you plan to spend a ton of money on legal fees defending your business 
against liquor liability claims this summer this is a good time as any, to pause and take note of a few useful tips.
As the summer approaches and the volume of customers at your establishment increases, its a good time to be vigilant and put a few best practices in place that are designed to limit your winery or restaurant’s potential liability related to the sale of alcohol at your facility.
Whether you’re serving alcohol in a tasting room, restaurant, wedding, catered event, bed and breakfast or bar, its important to remember that the person who serves the liquor is on the front line to limit your establishment’s liability and help your guests from over indulging.
Let’s review some useful tips that will help your establishment limit its potential liability as a result of alcohol service:
Check ID’s for all customers
Train your staff to recognize “visibly intoxicated persons”
Ensure that your employees do not drink on the job
Do not over-pour
Do not price alcohol too low so as to encourage heavy drinking
Do not allow self service at your event
Provide non-alcoholic beverages
Do not allow pets in the tasting room or catered event.
Purchase liquor liability insurance
As you entertain and educate your customers about your wines or your brand, you can also use these valuable customer contact opportunities to encourage your guests to drink responsibly. Your customers will appreciate the fact that when they leave your establishment, they are left with a sense of having been well cared for during their outing.
At the end of the day, you’ve kept them safe…and you’ve saved yourself some dough!
The State of New Jersey’s Division of Alcohol Bureau Control has recently announced new legislation to take effect on May 1, 2010 that in effect changes its existing law related to wine tastings. The new legislation modifies existing law regarding size, sampling, events and media advertising related to tastings. To learn more on this new statutory ruling read here: NJ Special Ruling Regarding 2010 Statutory Change To Tasting Law.
