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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Beer & Spirits
Federal Government’s Restrictions on Production, Location, and Use of Plants for the Production of Distilled Spirits
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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Non-Compete Agreements Important for Protecting Beverage Secrets
Attorney Marshall T. Kizner, Esq., member of Stark & Stark’s Beer & Spirits and Bankruptcy & Creditors’ Rights groups, authored the article “Non-Compete Agreements Important for Protecting Beverage Secrets,” which was published by Beverage Industry Magazine on September 15, 2014.
The article discusses the why it is so important to have employees…
Rectifiers, Blenders and Bottlers Under the New Jersey Intoxicating Liquors Act
Rounding out the available manufacturers licenses available in New Jersey are the Rectifier and Blender License and the Bonded Warehouse Bottling License.
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Restricted Licenses in New Jersey Affecting Breweries and Wineries
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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Proposed Federal Legislation Could Provide Tax Relief for the Craft Distilling Industry
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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Considerations in the Craft Distillery Licensing Process
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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Additional Limited Licenses in New Jersey
The Intoxicating Liquors title of the New Jersey statutes provides licensing options for the smaller scale producer interested in producing malt alcoholic beverages, wine or distilled spirits. Prior posts explored the Limited Brewery License and the Craft Distillery License, both of which are limited licenses available in the State. Additionally, smaller scale producers or…
Proposed New Jersey Legislation Offers New Farm Brewery and Winery-Brewery Licenses
Two new types of licenses for wineries and breweries in New Jersey have been introduced in the state assembly. The details of the proposed legislation are highlighted, below.
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Auburn University Will Offer Degree in Brewing Beer
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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