Trump or Biden: Who has the better alcohol policies?

By |2024-07-04T16:49:52+00:00July 4th, 2024|Liquor Industry Insights|

 

With a bitterly divided electorate and a contentious presidential election coming, I am going to try to take a sober look at alcohol policy from the two administrations, and compare and contrast and determine who has the better policy.

Interestingly enough, neither of these men drink, Trump holds liquor licenses through his business, I have no […]

New York passes interstate cider and spirits shipping bill but there is a catch

By |2024-06-13T19:29:39+00:00June 13th, 2024|Legislation|

 

The New York legislature passed legislation, AB 3132, that would allow the interstate shipping of cider and spirits into the state subject to restrictions.

Specifically, this legislation would limit shipping to distillers producing below 75,000 gallons.

Under the terms of the legislation, an out-of-state distiller can ship up to thirty-six cases of liquor to a resident […]

The Provi beat rolls on

By |2024-06-06T15:50:58+00:00June 6th, 2024|Liquor Case Discussion|

 

Southern Glazer’s Wine and Spirits, LLC (“Southern”) and Republic National Distributing Company, LLC (“RNDC”) received bad news last week that Provi’s case alleging Southern and RDNC’s violation of the Sherman Antitrust Act can move forward.

Southern and RNDC filed a motion to dismiss the charges in response to Provi’s lawsuit against them. A motion to dismiss […]

The Barbarians are at the gate

By |2024-05-22T20:08:44+00:00May 22nd, 2024|Liquor Industry Insights|

 

With the attacks on the alcohol industry coming more frequently and louder from the Neo-Prohibitionist movement, many of us in the alcohol industry are left to wonder, are we in peril of becoming the new tobacco?

The tobacco industry paid billions of dollars in damages based on their product’s damaging health impacts, and it was required […]

Total v. Oklahoma, How Does It Play Out?

By |2024-05-17T19:04:07+00:00May 17th, 2024|Liquor Industry Insights|

 

Total Wines and More was denied a liquor license by the Oklahoma Alcoholic Beverage Law Enforcement Commission (ABLE).

The denial was justified by Article 28A §4(A) of the Oklahoma Constitution which states:

“A. A Retail Spirits License shall only be issued to a sole proprietor who has been a resident of this state for at least five […]

Amicus Brief on expanding franchise laws & Commerce Clause discrimination

By |2024-05-13T20:44:41+00:00May 13th, 2024|Liquor Case Discussion|

 

It may surprise many of my readers that I recently authored an amicus brief, which advocated for the expansion of a state’s franchise rules. It seems at odds with my free-market principles that abhor economic protectionism.

Liquor franchise rules guarantee that a supplier/manufacturer cannot get out of a distribution agreement with a liquor distributor without […]

Mother Ireland will save us but doesn’t go far enough

By |2024-05-08T22:29:36+00:00May 8th, 2024|Liquor Industry Insights|

 

There is an Irish rebel song called God Save Ireland, which was once an unofficial national anthem of Ireland and is written to those that made great sacrifices for Ireland.  In this modern day there are new self-appointed saviors in Ireland called government officials and Ministers of Health. They have taken to government bureaucracies to […]

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