Nationwide Alcohol Beverage Practice

Suppliers/Importers

Breweries, wineries, distilleries, cider-makers, blenders, rectifiers and importers occupy the top supplier tier of America’s “three-tier” alcohol beverage industry. Whether as a manufacturer, producer or Primary American Source, suppliers have unique licensure and regulatory compliance needs.

From the established multi-national producers, to the newest generation of start-up craft artisans, our Alcohol Industry Team helps suppliers maintain their licensure requirements, meet their compliance responsibilities, and achieve their business objectives. We combine the talents and capabilities of experienced attorneys, former federal and state industry regulators, and skilled licensing specialists to provide the broadest range of support services to suppliers.

The challenges facing alcohol suppliers are unlimited. Whether navigating the sale and shipment of your products across state lines, the unwinding of an existing distribution relationship, or the defense of a federal tax audit, our Alcohol Industry Team has the skilled and experienced professionals to protect your interests and secure your objectives.

Examples of how we can help include:

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Start-Up

We have extensive experience working with new entrants to the alcohol industry, as well as with experienced players who are bringing new brands and/or business concepts to market.   We provide guidance and assistance for Start-Up issues ranging from equipment procurement and capitalization to market penetration and mid-long term planning.

Licensure

We handle alcohol beverage licensing at the federal, state and local levels for locations throughout North America. Additionally, we work with clients from all tiers of America’s three-tier system to secure all required operating and collateral alcohol beverage licenses associated with their businesses, including local health, safety and occupational permits.

GrayRobinson alcohol beverage attorneys, along with our former regulators and licensing specialists, represent an extensive roster of local, regional and national restaurants, hotel chains, theme parks, and other alcohol license holders. Our team assists manufacturers, importers, proprietors and corporate entities with the preparation and filing of federal and state alcohol beverage license applications. GrayRobinson also assists clients in establishing, preserving  and terminating wholesale distribution relationships, as well as negotiating and preparing distributorship agreements.
 

Brand Development

We understand that a brand is more than a label. From formulation through packaging, we assist clients with the creation of their new products to assure compliance and enhance the prospects for market success. Our regulatory guidance for brand development encompasses compliance with federal product formulation and labeling requirements, as well as state brand registrations and practical, experience-based input on brand development. 

Contracts

Preparation and negotiation of key contracts is vital to success in the alcohol industry.   Our services in this area include drafting private label production contracts, import agreements, ingredient/commodity supply contracts, distribution agreements with licensed wholesalers, etc.

Taxes & Records

Because it is a heavily regulated industry, alcohol beverage suppliers must produce and maintain records that are accurate and complete.  Moreover, because it is a heavily taxed industry as well, suppliers are obligated to meet their federal and state taxation responsibilities; failure to do so can jeopardize a supplier’s licensure, which directly impacts the ability to remain in business.  We provide comprehensive assistance with taxation and record-keeping responsibilities.

Marketing

In today’s world, with the unprecedented proliferation of brands and industry members, the ability to distinguish a particular supplier or a specific brand is fundamental to success. While advancing technology presents extraordinary new opportunities for marketing and promotion, the regulatory restrictions applicable to alcohol beverages produce concomitant compliance risks. Our Alcohol Industry Team provides specific advice regarding marketing, advertising and promotional activities, including issues relating to Social Media marketing, stealth and guerilla marketing, and the use of unlicensed third-party promoters and service providers.

Compliance

Unlike any other consumer product, alcohol beverages present industry members with huge compliance challenges because the laws and regulations of every state are different. For interested parties with no prior experience in the industry – as is often the case with Merger & Acquisition activity involving private investment funds or financial institutions for whom selling alcohol is not a primary endeavor – regulations predicated on concepts such as “tied-house evil” and “mandatory three-tier” can be especially bewildering to comprehend, and difficult to follow.  We counsel clients on trade practice and compliance issues at the federal, state and local levels on matters ranging from M&A guidelines, product recalls and brand sponsorships, to distributor relations and the limitations of dealing with the retailer tier. 

Government & Public Relations

Legislative change is rarely easy, but sometimes it is vital to development and growth. We have proven experience in securing needed legislative changes for clients, as recently demonstrated in our successful campaign for a new Florida law allowing craft distillers to sell directly to consumers under set circumstances. We work with alcohol suppliers to design and implement strategic public relations and legislative lobbying campaigns, including the drafting of proposed legislation and regulatory rulemaking. 

Enforcement

In a heavily regulated industry, the risks of regulatory enforcement always are substantial. Whether in the form of an audit, subpoena for records, or institution of formal administrative proceedings, our Alcohol Industry Team’s professionals are experienced at protecting clients’ rights and defending their interests against administrative actions at the federal or state levels.

Dispute Resolution

Disputes can arise from any number of sources: government agencies, members of the public, and even other alcohol industry members. Whether those disputes ripen into litigation often depends on the initial actions and reactions of the relevant parties. Our experience proves that skilled communication and strategic planning often can avert litigation, saving all parties time, effort and expense. Our unique combination of lawyers and former regulators allows us to offer alcohol industry clients unparalleled mediation capabilities that can identify key issues, overcome inter-company obstacles and resolve disputes before control is ceded from the parties to the courts. When mediation is not an option, our trial lawyers have decades of experience with litigation and arbitration, including distributor termination, intellectual property protection, and product liability matters. 

Education & Training

We use the experience and knowledge of our Alcohol Industry Team’s attorneys and former regulators to develop tailored education and training programs that emphasize best practices while encouraging compliance.   Whether in the format of a live presentation before an in-house classroom audience, or a company-wide online webinar, we can devise programs that add value by increasing employee education about alcohol trade practice DOs and DON’Ts while reducing both compliance and liability risks.

Research & Insights

Our attorneys and former regulators stay current on industry developments, and work to identify developing trends ahead of the market curve. That prowess can be invaluable for suppliers who seek a competitive and strategic edge. We offer such clients leading-edge industry research and reports that provide critical information and insights needed to make important mid-and long-range business decisions. Our Alcohol Industry Team brings complex information together and makes it understandable so our clients can stay ahead of emerging trends.

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To contact your closest G|R Office call 866-382-5132

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