Industries: Resorts & Hospitality

Beverage Alcohol Industry

McGuireWoods’ beverage alcohol industry team assists manufacturers, importers, distributors, wholesalers, and retailers of licensed beverages, with every kind of issue imaginable during manufacturing, distribution and retail sale. Our offices are linked by a sophisticated communications network, allowing us to represent clients in licensing, enforcement, distribution and beverage franchise matters from any of our U.S. locations as well as overseas.

Licensing

We have extensive experience obtaining requisite state and local beverage alcohol licenses in the states and localities where our offices are located, and on a national level. For example, we represented a national client in obtaining beverage alcohol wholesaler and importer licenses and label approval in each of the 50 states and the District of Columbia. We also assist clients in meeting compliance and record-keeping requirements imposed by applicable state and local regulatory authorities, as well as the Alcohol and Tobacco Tax and Trade Bureau (TTB). 

Litigation

In addition to assisting throughout the licensing process, we represent clients in litigation arising from state or local opposition to the issuance of required beverage alcohol licenses. We routinely defend clients against enforcement action initiated by state and local licensing authorities, and even more importantly, counsel business owners on a regular basis to assist them in avoiding enforcement problems.

Distribution

The distribution of beverage alcohol in the United States is closely regulated, and requires expert knowledge of business and legal concepts exclusive to the industry. We have negotiated and drafted numerous distribution agreements, brokers’ agreements and similar contracts. We also regularly advise clients with regard to best practices in launching and managing distribution networks, and web marketing and sales.

Franchise Issues

The development, protection and enforcement of franchise rights and obligations are often critical to an alcohol manufacturer or a distributor's profitability and overall business success. Our experience includes drafting franchise agreements in order to maximize the protections afforded to clients, while simultaneously ensuring compliance with applicable franchise law. We also have experience in litigation arising from franchise disputes.

Additional Representative Services

• Import, export & customs
• Wine & beer franchise law & litigation
• State & federal regulatory issues
• Brewery, winery & distillery construction
• Trademark & brand registration
• AVA petitions
• Dispute resolution
• Beverage promotion & marketing
• E-commerce
• Environmental law & riparian rights
• Labor & employment

The team also serves as a liaison and resource to other McGuireWoods departments and teams. For example, beverage alcohol industry attorneys often work closely with the firm’s real estate team, since the development, acquisition, and sale of hotels, restaurants, arenas, and convention centers are often inextricably tied to beverage alcohol licensing matters. A client may also have environmental, tax, construction, intellectual property, labor, products liability, corporate or other business challenges that can be handled efficiently by other McGuireWoods teams – placing all of the law firm’s varied expertise at clients’ disposal.