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Thomas

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Everything posted by Thomas

  1. Do you mean a worker-owned business, like Full Sail Brewery out near Portland? Or a distillery where "members" can make their own stuff on a shared-use basis? The latter is probably a no-no with the TTB, unless you were really elegant about it. A business cooperative is a very viable model, on the other hand. For resources, start with the U.S. Federation of Worker Cooperatives. http://usworker.coop
  2. Amen. Brilliant advice whether you're starting a distillery or a burger stand.
  3. I agree: this is entirely descriptive, it will never fly with the USPTO. Also note that the application was filed on April 30, 2010, but claiming first use back to 1998. I also agree that Kris Berglund deserves some slack here. He's done tremendous things for our nascent industry. While the trademark application is in his name personally, the motivation could very well have originated from some other source - a marketing major.
  4. The short answer is that there is no law - no statute - that establishes a three-tier system in Georgia. The Georgia alcoholic beverage statute is primarily concerned with licensing alcohol businesses and collecting taxes. However, the Georgia Department of Revenue has taken it upon itself to create a three-tier system solely by regulation. If you look at the regulatory code, you'll find: 560-2-2-.38 Ownership Interest. (1) Neither a manufacturer, producer, shipper, importer, or broker, nor any of his employees or members of such manufacturer's, producer's, shipper's, importer's, or broker's immediate family shall have, own, or enjoy any ownership interest in, or partnership arrangement or other business association with the business of any wholesaler, retail dealer or retail consumption dealer licensee. (2) Neither a wholesaler, nor any of his employees, or any members of such wholesaler's immediate family shall have, own or enjoy any ownership interest in, or partnership arrangement or other business association with the business of any manufacturer, producer, shipper, importer, broker, retail dealer or retail consumption dealer; provided nothing herein shall prohibit such persons from owning stock in such frms when such firms' stock is publicly traded on a national exchange or over the counter. (3) Neither a retail dealer or retail consumption dealer, nor any of his employees or members of such retail dealer's or retail consumption dealer's immediate family shall have, own or enjoy any ownership interest in, or partnership arrangement or other business association with the business of any wholesaler, manufacturer, producer, shipper, importer or broker. (4) Provided however, nothing herein shall prohibit the Commissioner from waiving the above prohibitions in regard to children of the manufacturer, wholesaler, producer, shipper, importer, retail dealer or retail consumption dealer, provided said children are emancipated and hold no business or financial interest, or vested interest in the parent's operation. (5) Provided further, however, that nothing herein shall prohibit the Commissioner from waiving the prohibitions so as to authorize a manufacturer or importer to wholly own a retail consumption dealer license. Such waiver will be considered only under the following conditions: (a) All beverage alcohol to be handled or sold by such wholly owned retail consumption dealer must be purchased from licensed wholesalers and purchased on the same terms and conditions as all other retail and retail consumption dealers and at prices posted with the Commissioner. ( Any manufacturer or importer obtaining or holding a retail consumption dealer license shall be permitted to sell, serve and dispense his own products; however, sales of his own products shall not exceed ten percent (10%) of his annual gross sales of beverage alcohol products. (6) It shall be the duty of the licensee to notify the Commissioner in writing concurrently with: (a) Any change to an answer or personnel statement made on an application for a license which is either pending or approved must be timely reported as an amendment to the application. ( Any change in any interest in licensee’s business, including but not limited to: 1. Execution of Letter of Intent to sell or purchase; 2. Receipt of a bona fide proposal to purchase; 3. Division of the profits; 4. Division of net or gross sales for any purpose whatsoever; 5. Change in ownership of any legal entity that has any interest in such business or the change of management of such legal entity; or 6. A loss or damage to goods which result in a claim against an insurance policy. © Any public corporation whose stock is traded on recognized national stock exchanges shall be exempt from subparagraphs (6)(b)2., (6)(b)3., (6)(b)4.,and (6)(b)5. (7) The Commissioner shall notify licensee upon receipt of written notice of any objection to the ownership or interest set forth therein, Licensee shall have fifteen (15) days from the date of the notice to request in writing a hearing on the objection. Upon receipt of licensee’s written request the Commissioner shall provide the licensee with due notice and opportunity for hearing on the application pursuant to Regulation Chapter 560-2-9. If the Commissioner, after providing notice and opportunity for hearing, finds the licensee is not entitled to a license pursuant to these regulations, the applicant shall then be advised in writing of the findings upon which such denial is based. --- All of that is online here: https://etax.dor.ga.gov/BusTax_Alcohol.aspx An administrative agency seizure of control over an entire industry by regulatory fiat is unconstitutional in most states. But I'm not admitted to practice in Georgia so I couldn't say how well a court challenge would fare. The Georgia courts seem to be quite deferential to administrative agencies in the handful of cases I've read.
  5. The TTB is not concerned with a minimum for licensing. If you distill a single drop of alcohol, the law says you have to have a license and pay the excise tax. And yes, give them a call. TTB people by and large want to help you comply with the law & regs so that you can succeed and generate tax revenue for Uncle Sam. They are good folks. I'm interested in your progress on the very-small-scale end of the business. Please do keep us updated here.
  6. A word to the wise, do brush up on securities laws at the Federal level & in your state. Because you have arguably made an unregistered public offering just now.
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