Your company’s recipes, methodologies and customer base are what distinguish it from the competition. If this information is disclosed to third parties, it could detrimentally hurt your business because a competitor could seemingly replicate the same or similar beverage. It is important that you protect your company’s trade secrets, customer relationship and other confidential information from employees, especially the brew master or distiller, in the event the employment relationship ends.
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If you are considering venturing into the distillery business, in New Jersey, Pennsylvania, or any other state, it is important to know what the Federal Government’s rules, regulated through the Alcohol and Tobacco Tax and Trade Bureau (“TTB”), provide for the location, use of plants and production of distilled spirits. The following article highlight’s the TTB’s rules and regulations:
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In a prior post, the Restricted Brewery License was reviewed. This license permits the operation of a “brew pub” on the licensed premises. In this respect, the brew pub may supply malt alcoholic beverages that it brews on premises for consumption in an adjoining restaurant that is operated regularly and principally for the purpose of providing meals to its customers and having kitchen and dining facilities. As previously discussed, the holder of a Restricted Brewery License may only produce up to 10,000 barrels for on-premises consumption or sale to licensed wholesalers, and this license may only be granted to a party that also owns a Plenary Retail Consumption License that is operated in conjunction with the above-referenced restaurant.
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In an effort to level the playing field with winemakers and craft brewers, new legislation was proposed in the House of Representatives on February 25, 2014 that would greatly reduce the federal excise tax rate on craft distillers. Congressman Chris Gibson filed the bill. HR 4083, which is named the “Distillery Excise Tax Reform Act of 2014”.
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In an earlier entry, the new Craft Distillery License was reviewed, which became effective for issuance December 1, 2013. Generally, this license presents a cost-effective option for artisan distillers to establish operations within the State. It also provides distillers the opportunity to generate revenues at their licensed premises by permitting them to offer their products for retail sale direct to consumers for on or off premises consumption. However, in making the determination to apply for this license, there are important considerations that the prospective licensee should take into account before establishing operations.
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Next fall, Auburn University in Alabama will become only the second university in the country to offer a degree in brewing beer. With this new degree, the University is attempting to tap into the booming craft brew industry. Auburn’s Department of Nutrition, Dietetics, and Hospitality Management has worked closely with the business and engineering schools to create a comprehensive curriculum for the new graduate certification in brewing science.
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