Beer Distribution Law - October 2013

Lewitt Hackman
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WELCOME FROM KURTZ LAW GROUP AND WW.KURTZBEERLAW.COM

The Kurtz Law Group, A Professional Corporation, is now advising brewers, beer importers and beer distributors on beer distribution law throughout the United States as part of its 30+ year focus on franchise law (www.kurtzfranchiselaw.com)From the creation of distribution agreements and regulatory compliance to ongoing business counseling, the Kurtz Law Group's clients will benefit from the firm's extensive knowledge of franchise, distribution and transactional law and other franchise and distribution related matters. 

 

Our monthly Newsletters and our website (www.kurtzbeerlaw.com) will keep you up-to-date on legal activity that affects the beer industry. In addition, Kurtz Law Group's beer distribution law practice was featured in the September 30, 2013 issue of the San Fernando Valley Business Journal. To see the article, click here.

 

MASSACHUSETTS & PENNSYLVANIA MAY EASE TERMINATION BURDEN FOR SMALL BREWERS

 

Many states are testing the waters regarding carve outs for small brewers, including relief from statutes that bar them from terminating non-preforming distributors without "good cause". Last year, New York enacted the Small Brewer's Bill to allow brewers producing less than 300,000 barrels of beer annually, or whose brands account for less than 3% of a distributor's sales, to terminate a distributor without good cause if the distributor is paid the fair market value of the terminated distribution rights.

 

The Massachusetts House of Representatives is now considering a bill known as "An Act Relative to Small Brewers" that would, if passed, provide that Massachusetts' "good cause" requirement does not apply to a "small brewer relationship" (defined as a relationship in which the distributor's sales of the brewer's brands do not exceed 20% of the distributors "total sales"). In a "small brewer relationship," the parties could establish their termination rights by contract or comply with the termination procedure in the proposed law, which would allow the brewer to provide the distributor with 30 days notice and require the successor distributor to pay the terminated distributor the fair market value of the distribution rights granted to the successor distributor. Disputes regarding the existence of a small brewer relationship or fair market value would be resolved by binding arbitration.

 

Two similar bills are currently working their way through the Pennsylvania legislature and, if passed, would allow any brewer to terminate a distributor without cause if the brewer's brands make up less that 20% of the distributor's annual sales and the distributor is paid the fair market value for the terminated distribution rights. 

 

THE "SMALL BREW ACT" GETS A BOOST FROM NY SENATOR

Two pieces of legislation, both aimed at lowering taxes levied on each barrel of beer produced by brewers, have been competing in the U.S. Congress for several years. This may be the year one of the two bills is finally passed.

 

**  The Beer Act, or Brewers Excise and Economic Relief Act of 2013, is supported by the Beer Institute, a trade association representing large brewers, importers and a few smaller brewers. Under the Beer Act, small brewers (brewers producing less than 2 million barrels of beer a year) would pay no federal excise tax on the first 15,000 barrels produced; $3.50/barrel on barrels 15,001 to 60,000; and $9.00/barrel on barrels 60,001 to 2 million. Large brewers and all beer importers would see their rate drop from the current $18/barrel to $9/barrel on all barrels produced.

 

**   The Small Brewer Reinvestment and Expanding Workforce Act of 2013 (H.R.494), aka the "Small Brew Act," is a bit more modest in terms of reform and is supported by the Brewer's Association, an organization representing craft brewers. If passed, the Small Brew Act would reduce the tax on the first 60,000 barrels of beer brewed at any US brewery from $7 to $3.50; and from $18/barrel to $16/barrel for barrels 60,001 to 2 million. The tax on all barrels over 2 million would remain unchanged at $18/barrel.

 

On August 6 and again on August 13, 2013, Senator Charles Schumer raised the hopes of those supporting the Small Brew Act when he expressed his strong support for the Small Brew Act while visiting several small breweries in his home state of New York. The Senator claims he is joining more than 20 bipartisan colleagues to reintroduce this bill to provide tax relief to an industry in which everyone involved agrees, regardless of the bill they support, is sorely needed and long overdue. 

 

EUREKA! CALIFORNIA BREWERIES TAKE 10 OF TOP 50 BEERS IN THE WORLD! 

RateBeer.com solicits the help of 108 of the world's master beer tasters to taste and review over 5000 of the world's best brews. The competition is fierce, but this year, beers brewed by California brewers took 10 of the top 50 rankings (3 of the top 10). Notably, Russian River Brewing took second and third with its Russian River Pliny the Elder (2nd) and Russian River Pliny the Younger (3rd) entries. The state motto of California is "Eureka", and now we know why! To see the top 50 rankings, click here.

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Lewitt Hackman

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Lewitt Hackman
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