Tag Archives: Brewer

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DIAGRAM DRAFTING FOR ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Law Offices of John P. Connell, P.C.: In every application for an alcoholic beverage license whether it be for a manufacturer, wholesaler or a retailer, a diagram of the proposed “licensed premises” will be required. Once an application is approved by the Trade & Tax Bureau (“TTB”), the Massachusetts Alcoholic Beverage Control Commission (“ABCC”) and/or a local municipal licensing authority Continue Reading...
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SIGNING YOUR ANNUAL LICENSE RENEWAL BY AN UNAUTHORIZED INDIVIDUAL CAN CAUSE BIG PROBLEMS

Law Offices of John P. Connell, P.C.: As has been the case for many years but which was recently revisited in the ABCC’s Decision of In Re: Franco Restaurant, Inc. (December 19, 2018), signing an annual liquor license renewal form by an-unauthorized person can result in the revocation of that license. In general, the law in Massachusetts is that when Continue Reading...
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THE STATUTE OF LIMITATIONS WHEN A BREWERY NEEDS TO FILE SUIT AGAINST A WHOLESALER

Law Offices of John P. Connell, P.C.: Every now and then a Massachusetts brewery will not be paid by a wholesaler due to some dispute that arises out of the parties’ contractual relationship, whether that contractual relationship is written or verbal. In March 2019, the state Appeals Court rendered its decision in Paper City Brewery Co., Inc. vs. La Resistance, Continue Reading...
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TERMINATING YOUR WHOLESALER DUE TO THEIR FAILURE TO USE “BEST EFFORTS”

Law Offices of John P. Connell, P.C.: Alcoholic beverage manufactures such as instate and out-of-state breweries, wineries and distilleries are familiar with the Massachusetts “franchise law” that prohibits a manufacturer from (ever) terminating its established wholesaler unless it can prove “good cause” for doing so at the ABCC. Pursuant to G.L. c. 138, § 25E, there exists 5 separate grounds Continue Reading...
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REGULATORS OF ALCOHOLIC BEVERAGES CAN BE FOUND INDIVIDUALLY LIABLE WHEN INTERFERING WITH CONSTITUTIONAL RIGHT TO FREE COMMERCIAL SPEECH

Law Offices of John P. Connell, P.C.: Free speech prevailed for Maryland’s Flying Dog Brewery in its recent six-year battle with the Michigan Liquor Control Commission. Back in 2009 when the brewery released it’s new Belgian-style IPA called “Raging Bitch,” the Michigan Liquor Control Commission quickly banned it from being sold in the state. The Commission considered “Raging Bitch” to Continue Reading...
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