The United States Court of Appeals for the 11th Circuit recently ruled that the Florida Division of Alcoholic Beverages and Tobacco (ABT) waited too long–by 16 years–to try to change a district court ruling that allows out-of-state wine retailers to sell and deliver wine directly to Florida consumers. See Bainbridge vs Director of the Florida Division of Alcoholic Beverages...
Continue ReadingThere are a number of different ways for businesses to participate in the alcoholic beverage industry. To get the right federal and state alcoholic beverage licenses and permits, you first have to identify what role or roles your business will play. Alcoholic Beverage Industry Participation Profiles provides a table of common activities in the alcoholic beverage industry and identifies...
Continue ReadingWhen it comes to alcoholic beverage regulation, most of the spotlight falls on federal and state laws. These regulations are essential in ensuring the safe and responsible production, distribution, and sale of alcoholic beverages. However, there’s a significant mistake that often goes unnoticed – the lack of attention given to local government ordinances and rules. In this post, we’ll...
Continue ReadingIf you’re thinking about starting a brewery, brewpub, winery, or distillery, it’s important to understand that these businesses require special licensing for both alcohol and food. While alcohol has its unique regulations, it is still considered a food product by the primary food regulatory agencies. In this blog post, we will explore the requirements for obtaining food licenses and...
Continue ReadingWhen you finally receive the necessary licenses to operate your beverage business in Florida from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Florida Division of Alcoholic Beverages and Tobacco (ABT), it’s incredibly exciting and relieving. However, it’s important to remember that your relationship with these organizations is ongoing, and there may be circumstances in which...
Continue ReadingIn bars, taprooms, and tasting rooms, determining who can participate in a tip pool raises two important questions. These questions revolve around whether managers should share in the tip pool and how employees with dual job roles should be treated when it comes to tips. This article will delve into these questions and propose potential solutions to ensure fair...
Continue ReadingRather than launching a new Florida alcoholic beverage manufacturer, it might be better to buy an existing operation. The Buyer gets a built-out premises, with all the equipment and buildout already in place, and a built-in customer base. The Seller gets to move onto other things. Business transfer transaction are always complicated, and even more so in a heavily...
Continue ReadingThe manufacturing of food products, including alcoholic beverages, is regulated by the U.S. Department of Health and Human Services’ Food and Drug Administration (FDA). The FDA is responsible for protecting and promoting public health through the regulation and supervision of food safety and other areas. Before manufacturing or selling alcoholic beverages (or any other food product), unless an exception...
Continue ReadingFortified Wine – What Is It? “Fortified wine” generally refers to any wine to which a distilled spirit has been added. Common examples of fortified wine include port, sherry, madeira, and vermouth. The most common fortifying ingredient is brandy, a liquor produced by distilling wine. Not surprisingly, Florida law (and indirectly federal law) does a fine job of handling...
Continue ReadingFederal law requires that the well-recognized Government Warning: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. be affixed to a “conspicuous and prominent place...
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