Last week, the National Conference of State Liquor Administrators seized the Wynn Encore Hotel in Vegas for the 2011 Annual Conference. Tennessee made waves on a number of fronts.
TABC Director Danielle Elks served as President of NCSLA and also chaired the host committee that planned the program and social agenda. Here is Director Elks at the podium on closing night with a Charlie Daniels autographed violin auctioned for the benefit of NCSLA.
We served on the NCSLA planning committee and worked with a small talented group that created a stellar program. Great American Success Stories featured Jim Koch, founder of Boston Beer, Richard Sands, CEO of Constellation Brands and John McDonnel of Patrón Spirits. Jim poured a Sam Adams for his speech and was a personal favorite.
Tennessee's retail package store tasting law was too new to make the program, but was a popular topic at the hospitality lounge. We are not sure if retail tastings, or the lack of rules governing tastings, created the interest, but industry members - and regulators - were definitely inquiring.
Last but not least, we moderated a panel on growlers and wine kegs. Featuring Master Brewer Kevin Reed of CraftWorks Restaurants & Breweries and growler compliance expert Alex Heckathorn, we covered cutting edge issues presented by the popular demand for growlers.
Check out photos from the conference.
Monday, June 27, 2011
Monday, June 13, 2011
Tennessee Governor Haslam Signs High Alc Brewery and Retail Liquor Store Tastings Law
Governor Haslam has signed the high alc brewery and retail liquor store bill
into law. It is official. As of Friday June 10, 2011, brewing high alc beer is
truly legit in Tennessee, and retail stores can offer tastings at the store.
Huge changes to Tennessee law.
Read more about high alc beer brewing.
Read more about retail store tastings.
Read more about high alc beer brewing.
Read more about retail store tastings.
Friday, June 10, 2011
Coyote Ugly Vindicated: Coyotes Approved to Advertise at Nashville CMA Fest
CMA Fest fans swarmed downtown Nashville much like the cicadas in May. Unlike
the red-eyed bugs, CMA festival goers are looking to spend money, and
competition among downtown Nashville bars is intense.
This Thursday, the first big day of the fest, Coyote Ugly Coyotes were asked to stop promoting the Saloon to festival goers on lower Broad. Police were polite but firm: no handouts in the main festival area on lower Broad.
Coyote Ugly contacted us Thursday afternoon to see if there was a way to legally advertise to the thousands of festival goers on lower Broad. Based on fliers distributed earlier in the day, scores of fans were taking advantage of the promotions handed out by Coyotes.
Metro police responded well. Police allowed Coyotes to hand out leaflets Thursday night and Friday, while Metro considered the legal issues.
Late Friday afternoon, Police Chief Anderson sent advice to Metro Police. Handing out leaflets is ok. Selling on the streets without a license is not.
Vindicated, the Coyotes are braving the heat and crowds to drum up business at the Fest. We appreciate Metro's attention to this issue and thank Police Chief Anderson, Metro Law Director Sue Cain and their staff.
This Thursday, the first big day of the fest, Coyote Ugly Coyotes were asked to stop promoting the Saloon to festival goers on lower Broad. Police were polite but firm: no handouts in the main festival area on lower Broad.
Coyote Ugly contacted us Thursday afternoon to see if there was a way to legally advertise to the thousands of festival goers on lower Broad. Based on fliers distributed earlier in the day, scores of fans were taking advantage of the promotions handed out by Coyotes.
Metro police responded well. Police allowed Coyotes to hand out leaflets Thursday night and Friday, while Metro considered the legal issues.
Late Friday afternoon, Police Chief Anderson sent advice to Metro Police. Handing out leaflets is ok. Selling on the streets without a license is not.
Vindicated, the Coyotes are braving the heat and crowds to drum up business at the Fest. We appreciate Metro's attention to this issue and thank Police Chief Anderson, Metro Law Director Sue Cain and their staff.
Tuesday, May 31, 2011
Brew Baby Brew
Tennessee is poised to "legalize" brewing of high alcohol content beer. Much to
the surprise of Tennessee beer brewers, a bill before the state legislature
earlier this year would have outlawed brewing high alcohol beer for most
breweries.
Like many of its liquor laws, Tennessee has an odd rule about beer. Regular beer is beer that has an alcoholic content of 5% or less by weight. Don't confuse this with the alcoholic content by volume, which can push the measurement to nearly 7%.
In Tennessee, any beer over 5% by weight is an alcoholic beverage, taxed at a higher rate, sold through liquor distributors and not available for sale at groceries and convenience stores. Called high alc beer by many in the industry, high alc beer can only be purchased at package stores and at restaurants and bars, after payment of additional taxes that push the price up considerably.
In most states, and at the federal level, there is no distinction between high alc and regular beer. Both are treated and taxed the same.
The Scoop.
We represented a city that was trying to recruit a brewery to locate in Tennessee. We wanted to clarify that brewing high alc beer was legal. Most folks thought it was, and Nashville brewery Yazoo had a permit and was brewing a high alc beer called "Sue." But the law was not entirely clear. The law allowed manufacturers to "distill," but not brew alcohol, and high alc beer was not listed among the products that were defined as alcoholic beverages under state law.
Some important folks thought differently about the legality of brewing high alc beer, and a squabble ensued. After the dust settled, a bill was passed that allows breweries to obtain a special license to brew high alc beer, as well as some other privileges. We expect the governor will sign the bill into law soon.
Like many of its liquor laws, Tennessee has an odd rule about beer. Regular beer is beer that has an alcoholic content of 5% or less by weight. Don't confuse this with the alcoholic content by volume, which can push the measurement to nearly 7%.
In Tennessee, any beer over 5% by weight is an alcoholic beverage, taxed at a higher rate, sold through liquor distributors and not available for sale at groceries and convenience stores. Called high alc beer by many in the industry, high alc beer can only be purchased at package stores and at restaurants and bars, after payment of additional taxes that push the price up considerably.
In most states, and at the federal level, there is no distinction between high alc and regular beer. Both are treated and taxed the same.
The Scoop.
We represented a city that was trying to recruit a brewery to locate in Tennessee. We wanted to clarify that brewing high alc beer was legal. Most folks thought it was, and Nashville brewery Yazoo had a permit and was brewing a high alc beer called "Sue." But the law was not entirely clear. The law allowed manufacturers to "distill," but not brew alcohol, and high alc beer was not listed among the products that were defined as alcoholic beverages under state law.
Some important folks thought differently about the legality of brewing high alc beer, and a squabble ensued. After the dust settled, a bill was passed that allows breweries to obtain a special license to brew high alc beer, as well as some other privileges. We expect the governor will sign the bill into law soon.
Thursday, May 26, 2011
Lipman Brothers Picks Up Blockbuster Brands
Nashville liquor wholesaler Lipman Brothers is poised to become the largest
single liquor wholesaler in the State of Tennessee. Starting August 1, 2011,
Lipman will acquire all of the brands of Tennessee Wine & Spirits, including
Crown Royal, Smirnoff, Jägermeister, Evan Williams, Seagram's 7 Crown and Grey
Goose. These will join Jack Daniels, Bacardi, José Cuervo and Tanqueray Gin at
Lipman.
Lipman will begin consolidating operations on August 1 and expects to have all the inventory shipping from Lipman within two weeks.
The Tennessee Alcoholic Beverage Commission approved the transaction yesterday at its regular meeting on May 25, 2011.
Lipman will begin consolidating operations on August 1 and expects to have all the inventory shipping from Lipman within two weeks.
The Tennessee Alcoholic Beverage Commission approved the transaction yesterday at its regular meeting on May 25, 2011.
Tuesday, May 24, 2011
Foreign Passport Proof of 21 Age for Booze?
Chipotle Mexican Grill is at the center of a brewing debate about the validity
of foreign passports as proof of age for beer and liquor sales. Having recently
been hammered in the press over employment of illegal Mexican immigrants, the
Mexican-themed chain has stepped into another briar patch.
According to news reports. Laurencio Valadez, a Mexican national, said a Chipotle store manager rejected his Mexican passport as proof of his identity and age, saying several times that only a U.S. passport would be acceptable, according to a legal complaint filed against the company.
"My client felt particularly humiliated being a Mexican, at a self-advertised Mexican grill, who was denied service,' Bruce Nestor, a lawyer for Valadez, now 39, said in an interview.
We understand the difficulty of monitoring the validity of 50 different state driver's licenses as proof of age. Requiring that passports from other countries be accepted makes the job significantly harder.
We will watch this case, as it may impose a duty to accept foreign passports as proof of age.
For now, we encourage licensees to use common sense. If a customer presents a foreign passport and appears to be 21 or younger, try to obtain another age ID or refuse service. If the customer with the foreign passport appears to be older, like the 39 year old Mexican plaintiff, let him belly up to the bar.
According to news reports. Laurencio Valadez, a Mexican national, said a Chipotle store manager rejected his Mexican passport as proof of his identity and age, saying several times that only a U.S. passport would be acceptable, according to a legal complaint filed against the company.
"My client felt particularly humiliated being a Mexican, at a self-advertised Mexican grill, who was denied service,' Bruce Nestor, a lawyer for Valadez, now 39, said in an interview.
We understand the difficulty of monitoring the validity of 50 different state driver's licenses as proof of age. Requiring that passports from other countries be accepted makes the job significantly harder.
We will watch this case, as it may impose a duty to accept foreign passports as proof of age.
For now, we encourage licensees to use common sense. If a customer presents a foreign passport and appears to be 21 or younger, try to obtain another age ID or refuse service. If the customer with the foreign passport appears to be older, like the 39 year old Mexican plaintiff, let him belly up to the bar.
Thursday, May 19, 2011
Federal Calorie Labeling Not to Include Booze?
The FDA says that the impending mandatory calorie labeling requirement will not
apply to alcoholic beverages. Plans are to require all restaurants with 20 or
more locations to post calorie counts on menus and menu boards in 2012.
According to the Wall Street Journal, “the new regulations will mean that the calorie counts of everything from a Chipotle burrito to a Starbucks Frappuccino must be posted in a font size that is ‘clear and conspicuous’ and color that's ‘at least as conspicuous as’ the print listing the menu item, according to the agency's guidance.”
But booze seems to be the exception, despite claims that alcohol is a big source of empty calorie consumption among Americans.
Smaller chains and independent restaurants should follow the menu labeling debate, as many observers believe the rules may eventually be expanded to include all food purveyors.
According to the Wall Street Journal, “the new regulations will mean that the calorie counts of everything from a Chipotle burrito to a Starbucks Frappuccino must be posted in a font size that is ‘clear and conspicuous’ and color that's ‘at least as conspicuous as’ the print listing the menu item, according to the agency's guidance.”
But booze seems to be the exception, despite claims that alcohol is a big source of empty calorie consumption among Americans.
Smaller chains and independent restaurants should follow the menu labeling debate, as many observers believe the rules may eventually be expanded to include all food purveyors.
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