Articles

By Peter A. Berdon as seen on thebeveragejournal.com Establishing a successful restaurant or package store is fraught with many challenges. While formulating a business plan is important, understanding and navigating the legal and regulatory hurdles is equally important.  While often the main focus is on obtaining the liquor license, there are other issues to consider.    Entity Selection and Structure. There […]

By Peter A. Berdon as seen on thebeveragejournal.com One of the most troubling letters a retailer can receive is a letter from a lawyer advising the retail that a “dram shop” claim will be made against the retailer.  This article will discuss what the retailer should do when receiving such a notice, what liabilities a retailer may face for the […]

By Peter A. Berdon as seen on thebeveragejournal.com Six years ago, Governor Malloy rolled out the proposal “Modernizing Connecticut’s Laws” –Bill 5012.  One of the major objectives of the proposal was to eliminate the definition of “cost” and the prohibition of package stores selling below “cost” – often referred to as ‘minimum bottle” from Connecticut liquor law. When the legislature […]

By Peter A. Berdon as seen on thebeveragejournal.com Much attention has been paid to the impact on the lowering of corporate rates with the passage of the Tax Cuts and Jobs Act of 2017 (TCJA).  The TCJA also has several provisions that will impact the beverage alcohol industry.  While an in-depth analysis of the nearly 1000 page bill is beyond […]

By Peter A. Berdon as seen on thebeveragejournal.com “We host a happy hour every Friday at work – we want to make sure we are not violating any laws.” As a lawyer, I am often asked to assess issues of compliance with the law and the risks associated with certain activities.  This question was somewhat unique because it raised issues […]

By Peter A. Berdon as seen on thebeveragejournal.com On June 6, just several weeks ago, U.S. District Court Judge Janet C. Hall dismissed all of Total Wine & Spirits claims in its case seeking to upend Connecticut’s regulation of the beverage alcohol industry.  Nearly one year ago Total filed a lawsuit against the state of Connecticut seeking to invalidate three […]

By Peter A. Berdon as seen on thebeveragejournal.com While Connecticut’s Dram Shop Act applies to “sellers” of alcoholic beverage it does not apply to social situations. In Connecticut the general common law is that there no cause of action against one who furnished, whether by sale or gift, intoxicating liquor to a person who then voluntarily became intoxicated and in […]

By Peter A. Berdon as seen on thebeveragejournal.com One of the first questions that I often ask clients who are applying for liquor licenses is: Who is going to be the permittee?  The client often rhetorically replies: “What is a “permittee”?.  The answer is neither clear, nor straight forward. Strangely enough, Connecticut’s Liquor Control Act does not define “permittee.” One […]

By Peter A. Berdon as seen on thebeveragejournal.com I recently received an advertising mailer from a large retailer. It was professionally prepared, with lots of color photos and all the hype of a good political campaign piece. But it made me wonder, does the mailer comply with the law? While the Federal Alcohol Administration Act vests the Alcohol and Tobacco […]

By Peter A. Berdon as seen on thebeveragejournal.com As American’s waist lines have bourgeoned in recent decades and the impact on American’s health care costs become ever more evident, public health officials have attempted to respond.  One early response was the Nutrition Labeling and Education Act passed in 1990 which resulted in the now familiar nutritional fact label required on […]

By Peter A. Berdon as seen on thebeveragejournal.com As members of the community package stores and other industry members are often called upon to help organize and donate to charitable tasting events.  Knowing the rules and regulations concerning charitable tastings and donation will ensure that retailers, wholesalers remain compliant with the law and avoids putting the charity in a possibly […]

By Peter A. Berdon as seen on thebeveragejournal.com Over the past five years the number of Connecticut beer manufacturers has increased more than 300 percent and less than a handful of distilleries has grown to nearly two dozen.  In support of Connecticut’s burgeoning craft industry, Connecticut’s Legislature adopted two significant legislative initiatives.  The first is the Farm Brewery Permit, PA […]

By Peter A. Berdon as seen on thebeveragejournal.com Posted on July 30, 2015 Connecticut has seen the growth of its farm wineries, the rise of craft breweries and, now with the passage of Public Act 15-15, is posed to launch craft distilleries. This session the legislature further supported the production of craft wine and beer by expanding the ability of farm […]

By Peter A. Berdon, Esq. as seen on thebeveragejournal.com In this year’s legislative session Connecticut’s legislature made a significant change to the restaurant, café and tavern licenses. Historically the Connecticut differentiated between retail accounts that could sell on-premises and those who could sell for off premise consumption. By prohibiting the sale of “drinks to-go” it is thought to curb public […]

By Peter A. Berdon, Esq.As seen on The Beverage Journal As the swallows must return to Mission San Juan Capistrano each spring, so too will college students return to their parents, nests for a chance to recover from a year of arduous study. They may reconnect with old friends, perhaps and the inevitable gatherings and days at the beach will […]

By Peter A. Berdon as seen on thebeveragejournal.com Posted on March 1, 2015 As Americans’ waist lines have bourgeoned in recent decades and the impact on health care costs become ever more evident, public health officials have attempted to respond. One early response was the Nutrition Labeling and Education Act passed in 1990, which resulted in the now familiar nutritional […]