brewery law

Legal Challenge of Florida’s Container Size Laws

Most are probably aware now that a lawsuit has been filed against the State of Florida (the Secretary of Florida’s Department of Business and Professional Regulation, which oversees the Division of Alcoholic Beverages and Tobacco and the Director of the Division of Alcoholic Beverages and Tobacco) seeking a declaration that Florida’s container size limitations are unconstitutional and enjoining enforcement of the container size limitations. Those container size limitations ban all containers between 32 and 128 ounces, thus making it illegal to sell or fill the industry standard 64 ounce growler. The suit was filed on behalf of a craft beer retailer that operates in Stuart.

Now that the suit has been filed, what kind of interesting things may follow? First, will the State defend this lawsuit? It’s relatively indefensible and may just be a waste of time and money. Defendants must simply prove that the challenged law is rationally related to […]

By |October 29th, 2014|Blog|1 Comment

More Breweries Do Not Result in More Drunk Driving Fatalities

If anything, statistics demonstrate an inverse relationship between craft breweries and drunk driving fatalities. Vermont, for example, ranks #1 in the country in capita/craft brewery but ranks 21st in capita/DUI fatality. Oregon ranks #2 in capita/craft brewery but ranks #42 in capita/DUI fatality. Of the top 15 states in capita/craft brewery, only 3 are also ranked in the top 15 in capita/DUI fatality.

These stats cannot tell the whole story, but it does provide some context and a trend. Certain downfalls include the fact that this uses the number of craft breweries rather than the production of beer and that there will be people who are driving under the influence who do not kill (or injure) people. The claim that a change in distribution laws would lead to over-consumption and thus increased DUI deaths and other health issues, like the claim made during the past Florida legislative session, simply cannot withstand […]

By |August 28th, 2014|Blog|0 Comments

Ross Worked With BeverageTradeNetwork on a Recent Article about Craft Beer Label Design and Requirements

Please click on the following link on BeverageTradeNetwork to read the recent article in which Ross was consulted regarding craft beer label design. The article discusses the process and requirements for label approval, prohibited content on malt beverage labels and why you might consider plans for brewery expansion when designing a label. Let us know if you have any questions or comments!

http://beveragetradenetwork.com/en/article-base/craft-beer-label-design-how-to-adhere-to-state-and-federal-law-and-get-your-labels-approved–351.htm

By |June 9th, 2014|Blog, News|0 Comments

A Letter to the Senator

I emailed Senator Stargel today after reading her opinion piece that appeared in a number of Florida publications:

Senator Stargel,

I read your opinion piece on SB 1714 this morning and wanted to reach out in response. I certainly appreciate your opinion and the fact that you took the time to attempt to clarify certain information making its way around the media and internet right now. I also appreciate that you have worked hard on this bill and have made efforts to find a compromise. I don’t believe any compromise was ever necessary because I don’t believe there ever should have been any such legislation that would add more regulations to Florida’s beer industry. I would like to go through your piece and reply to your arguments.

 

STARGEL: It’s clear the three-tier system, purposefully instituted after Prohibition, must be preserved to prevent: predatory practices that would eliminate competition, opaque or illicit distribution channels, […]

By |April 29th, 2014|Blog|2 Comments

Florida Beer Compromise?

With the legislative session underway and the insulting HB 1329 filed, now is probably a good time to look at the other malt beverage bills out there to see what they are up to. HB 1329, filed on Monday, may have the affect of being so utterly ridiculous that it diverts attention from the other malt beverage bills. Those bills are likely to get some edits and turn into “compromises”.  HB 7075 may be that compromise. The folks behind the drafting of the Big Beer Bill may hope they can have people “look over there” while unfavorable changes are made to the other malt beverage bills.

Here is a rundown:

HB 7075 – The “Compromise” Bill to HB 1329? (filed last Friday, February 28. 2014)

  • Allows self-distribution of up to 3,000 gallons
  • Allows for a “taproom” on the brewery premises without the need for a separate vendor’s license
  • Brewers could sell their own […]
By |March 6th, 2014|Blog|0 Comments