Page 9 - Grapevine May-June 2018
P. 9

In The Winery

               will sometimes serve drinks other than the wine                         SUMMARY
               they produce.  Here too, the winery must be cau-
               tious.  California Code §23358(5)(b) allows a winery    Because state laws vary so significantly, it would
               to serve to guests at a private event not open to    be impossible to identify every legal hurdle faced
               the public, wines, beers, and brandies, regardless of  by wineries that host special events.  But, the issues
               source, so long as those products not produced by    discussed above should get owners thinking about
               or for the winery are purchased by the winery from  the types of issues they may need to address.  For
               a licensed wholesaler.  In New York, the Alcoholic   advice relating to a specific situation, consultation
               Beverage Control Law §76 allows a winery to sell     with an attorney is strongly recommended.
               wines manufactured by the licensee or “any New       Part 2 of this article, which will appear in the July/
               York state labelled wine.”                           August 2018 issue, will discuss various types of
                                                                    events and the legal issues they raise.
                 Maryland alcoholic beverage Code §6-308(b)
               provides that the “license holder may not allow        Brian Kaider is a principal of KaiderLaw, an intel-
               an individual to consume on the licensed premis-     lectual property law firm with extensive experience
               es an alcoholic beverage that is not purchased on    in the craft beverage industry.  He has represent-
               the premises from the license holder.”  Thus, if a   ed clients from the smallest of start-up breweries
               wedding party wants to have a champagne toast        to Fortune 500 corporations in the navigation of
               or wants to serve wine not produced by the host      regulatory requirements, drafting and negotiating
               winery to its guests, the licensee must purchase     contracts, prosecuting trademark and patent appli-
               the wine from a licensed wholesaler and sell it to   cations, and complex commercial litigation.
               the wedding party.  This law can also be tricky with  
               regard to picnickers.  Though quite rude, it is not
               uncommon for people bringing a picnic lunch to                         (240) 308-8032
               a winery to bring an outside wine with them.  If a
               Maryland winery allows this practice, it is in viola-
               tion of the law.

                        What Activities Are Allowed

                 As noted above, many local laws govern the use
               of live music or the number of people attending an
               event.  But, there are many other laws dealing with
               very specific issues of which the winery must be
               aware.  New York’s alcoholic beverage control law
               §106, for example, goes into fairly graphic detail
               about parts of the human body that a winery may
               not allow customers to display on the premises.
               That same section of New York law also provides
               that “[n]o retail licensee for on-premises consump-
               tion shall suffer or permit any contest or promotion
               which endangers the health, safety, and welfare of
               any person with dwarfism.”  While these laws may
               seem obscure, the fact is that a winery has to ask
               a lot of questions of guests looking to book private

               877-892-5332                       The Grapevine • May - June 2018                                Page 7

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