In this episode of Verrill Voices: Lawyers on Tap, Verrill Dana attorneys Jennifer Green and Jonathan Dunitz discuss the importance of entity formation to the overall success of a brewery business, and the differences between forming an entity using widely available online resources versus doing so with the assistance of an experienced attorney. Drawing on her experience as a seasoned tax attorney, Jen provides invaluable information about the tax implications of various entity formation choices. (more…)
Posts Tagged: Brewers
Next week, on April 30, thousands from the craft brewing community will take over America’s Music City for the Craft Brewers Conference and BrewExpo America, presented by the Brewers Association. Joining them at this year’s conference are Verrill Dana Lawyers on Tap, Tawny Alvarez and Jonathan Dunitz. Jonathan will co-present, “From 1 Barrel to 1,000: Managing Risk from Start-Up to Rapid Growth,” with fellow panelists James Sanborn, of GHM Insurance Agency; Brad Weller, of Macpage; and Daniel Kleban, of Maine Beer Company. The panel discussion will focus on the risk that brewers need to be attuned to throughout their brewery’s growth – whether it’s a new lease for a larger facility, a bad batch of beer, contracts with glass manufacturers and canning contractors, or an accident in a tasting room. They will cover how to best protect your brewery from business and economic risks, including the roles of insurance coverage and bookkeeping. (more…)
Few brewers would dream of serving someone in their brewery or tasting room without checking an ID to ensure that all the craft beer lovers in the room are of legal drinking age. When it comes to their virtual breweries and tasting rooms, however, there appears to be a bit of laxness in ensuring that everyone is age appropriate. The problem with ignoring the age of virtual visitors is that Marketing and Advertising Codes issued by industry associations require age gates for websites and on social media. Age gates are also recommended by the Federal Trade Commission (“FTC”).
Most craft breweries have age gates on their websites, but many are ineffective and fail to meet the Marketing and Advertising Code or the FTC’s recommendations. There are, with some variations, three basic types of age gates for websites. First, there are what I would call passive age gates. These simply state that by viewing the website the viewer agrees or acknowledges that he or she is 21 or older. It is often at the bottom of the page or another location where it is easily missed or ignored. Second, are age gates that require some interaction, but nothing more than a simple click. These have a popup or landing page that ask whether the viewer is at least 21, requiring the user to click on “yes” or “no” to enter the website. Obviously, if the viewer wants to get into the website, he or she will click yes regardless of age. Third, are age gates that actually require the underage user to do some math to gain entry. While a diligent viewer will figure it out, these age gates require a bit more of the user than simply opening the webpage or clicking “yes.” Instead, the user is required to enter his or her date of birth – and that date of birth must be at least 21 years earlier – before gaining access to the website. (more…)
As the number of craft breweries across the country continues to grow, Verrill Dana’s Breweries, Distilleries & Wineries Group presents Tap Tips Podcast Miniseries to help brewers on the journey from passion to profit.
The miniseries contains eight episodes to assist up-and-coming brewmasters and brewery owners to think critically about the issues affecting their business. These podcasts provide information and practical tips for navigating the various complex issues that may arise at any stage, from business formation to licensing to risk management. (more…)
The Brewers Association continues to streamline the process for eligible brewers to adopt the new independent craft brewers seal. Obtaining a license to use the new seal is relatively straightforward and only requires (1) a valid Tax and Trade Bureau (TTB) Brewer’s Notice, (2) confirmation that your brewery falls within the Brewers Association’s “craft brewer” definition, and (3) agreement to and compliance with certain licensing terms. More information about the new independent craft brewer seal can be found in our previous blog post, “In the Beer Aisle: Independent Craft Brewers to Stand Out from the Rest of the Pack(s).” (more…)
Brewers Association Marketing and Advertising Code Update: A beer by any other name doth taste as hoppy
Coming up with the recipe for your new brew is only half the battle, you also have to come up with a creative name and label. While we’ve discussed protecting your brand through trademarks in previous posts, brewers should also be aware of the revised Brewers Association Marketing and Advertising Code. In an article for Craft Brewing Business, attorney Jonathan Dunitz discusses recent amendments to the Code that aim to avoid the use of potentially offensive names and labels and advance the Association’s goal of increasing diversity in the craft beer industry. While the Code’s limitations on offensive content are new, the issue dates back much further with varying viewpoints on the issue. (more…)
Verrill Dana’s Breweries, Wineries & Distilleries Group is excited to sponsor this year’s Brew Talks New England, part of Brewbound’s traveling series of meetup events for professionals in the brewing industry, on October 24 at Jack’s Abby in Framingham, Massachusetts. The program will offer both educational and networking opportunities for both new and veteran brewers, distributors, retailers, investors and other professionals interested in the craft beer industry.
Learn more about the event and register here. Please note, 100% of ticket proceeds will be donated to a local charity selected by the host brewery.
We hope to see you there!