What is a Private Placement Memo?

How do I sell private equity in my brewery? Do I need to present anything to investors? If you have these questions then keep reading! Any private equity or debt for sale is a . The Securities Act of 1933 created the Securities and Exchange Commission (SEC). Securities fall under the Securities Act of 1933 […]

TTB Forms Galore! The Scoop about the Power of Attorney and Signing Authority Forms

For this blog post I want to talk about two forms that are pretty standard for a TTB application, regardless of whether or not you’re a distillery or brewery. The forms are the Power of Attorney form and the Signing Authority form-both of which are linked below. What are the Power of Attorney and Signing […]

Transporting Alcohol: Now that I have the booze how do I transport it?

Much like everything with alcohol it’s complicated. The ABC (specifically North Carolina General Statute §18-B-303 & §18B-400) details the exact rules, amounts, and volume of alcohol you can transport without getting a permit. I’ve divided alcohol into three categories: (1) beer, (2) unfortified wine, and (3) spirituous liquor & fortified wine. You do NOT need […]

NC Recycling Requirements for the ABC

When you apply for your NC ABC permits you need to submit a Recycling Compliance form. We know that recycling is not the sexist or most titillating of reads, but hopefully some of you will find this information helpful.  The information for this blog can be found here. Why do I have to recycle? All […]

Happy Hour: Myth or Reality?

This week’s blog post might be a real downer to some of you who look forward to happy hour. *North Carolina does NOT allow happy hour for alcohol. Eating establishments can offer happy hour for food only. See ABC Rule 2S.0232 (b). The ABC Commission has compiled “Happy Hours FAQs” that sheds some light on […]

How to Advertise Correctly: Q & A

Breweries want to advertise their products and their beer. There is a correct way to advertise products and a-not-so-legal way to promote your business and beer. Check out the FAQs surrounding advertising. A PDF was created by the NC ABC. Can I place a dry erase board outside my business to advertise beer or wine […]

Limited Liability Company: Operating Agreement

Part 5 To read Part 1, click here. To read Part 2, click here. To read Part 3, click here. To read Part 4, click here. Disclaimer: This blog post focuses on North Carolina law and follows the NC Secretary of State rules. We cannot speak nor advise you on what other states’ rules and […]

Limited Liability Company: Internal Management

Part 4 To read Part 1, click here. To read Part 2, click here. To read Part 3, click here. Disclaimer: This blog post focuses on North Carolina law and follows the NC Secretary of State rules. We cannot speak nor advise you on what other states’ rules and policies are for limited liability companies. […]

Limited Liability Company: Maintaining your Business

Part 3 To read Part 1, click here. To read Part 2, click here. Disclaimer: This blog post focuses on North Carolina law and follows the NC Secretary of State rules. We cannot speak nor advise you on what other states’ rules and policies are for limited liability companies. *This information is taken from the […]

Limited Liability Company: Starting the Paperwork

Part 2 To read Part 1, click here Disclaimer: This blog post focuses on North Carolina law and follows the NC Secretary of State rules. We cannot speak nor advise you on what other states’ rules and policies are for limited liability companies. *This information is taken from the North Carolina Secretary of State’s website […]

Limited Liability Company: Choosing a Name

Part 1 Disclaimer: This blog post focuses on North Carolina law and follows the NC Secretary of State rules. We cannot speak nor advise you on what other states’ rules and policies are for limited liability companies. *This information is taken from the North Carolina Secretary of State’s website and can be viewed here.   […]

What You Wear Does Say A lot About You!

Compliance at Festivals in NC: Quality Control Tasting & Attire Part 4 of our Festival blog series. Check out Part 1, Part 2, and Part 3 Are you compliant? Hopefully, yes. If not, hopefully these rules can help you. We’ve (mostly the ABC) have broken down compliance issues into four parts: pre-festival/event, staffing at the festival/event, quality […]

Compliance at NC Festivals

Part 3 of our Festival blog series. Check out Part 1 and Part 2 Are you compliant? Hopefully, yes. If not, hopefully these rules can help you. We’ve (mostly the ABC) have broken down compliance issues into four parts: pre-festival/event, staffing at the festival/event, quality control testing, and festival/event attire. This blog focuses on pre-festival/event […]

Special Festival Permits in NC

Part 2 of our Festivals series blog posts. Check out Part 1. For this blog post we highlight the differences between two commonly used permits: the Malt Beverage Special Event Permit and the Winery Special Event Permit. Malt Beverage Special Event Permit If you have a Malt Beverage Special Event Permit you are allowed to […]

Trademark Registration: Standard Application vs. Intent to Use Application

USPTO Trademark Registration The difference between a standard trademark application versus an Intent to Use application. We always get a lot of questions regarding trademarks, about the registration process, and the different types of trademark applications. Watch the video to learn more about the USPTO and how to register trademarks.         Contact […]

Growlers-Rules and Requirements in NC

What are they? Do I need a permit? What does the label look like? So many questions, and hopefully this article will help clear up some confusion. Growlers are a rigid glass, plastic, aluminum, or stainless steel container with a flip-top or screw-on lid that is no larger than two 2 liters (0.5283 gallons) into […]

“Can I do this?” Frequently Asked Questions about Alcohol

FAQ Time: I stumbled upon this helpful “Frequently Asked Questions” pamphlet that the NC ABC Commission wrote. We underlined certain portions for emphasis. The link to the original PDF is below. Q: If I run out of alcoholic beverages at one business can I transfer it to my other permitted business? No. If you own […]

Trademarking “Sunshine State Brewing Company”

There are a couple of issues with trademarking “Sunshine State Brewing Company.”  (1) You cannot register a geographic location on the federal registry (USPTO). (2) You cannot register a generic word or phrase. Let’s delve into the reasoning. For “Sunshine State Brewing Company” you cannot own the words “brewing company” because they’re generic. The word […]

Editorial Calendar: Mark 1

I have been writing about whatever strikes my fancy recently, but mostly of a legal sort. It occurs to me that doing so does drive home the passion, insight, (or discipline – quite frankly) of the writing and the topics. A good friend suggested a simple way to address that particular problem is to put […]

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