Compliance & Marketing

Businesses that make and sell alcoholic beverages are governed by a complicated framework of federal, state, and local laws. Alcohol laws strictly regulate who can own an alcohol license, whether licensed businesses can have common ownership, and how licensees do business with one another.

At the federal level, the Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates alcoholic beverages. It issues licenses, approves labels and formulas, collects taxes and reports, makes rules, issues guidance to the industry, and enforces federal alcohol laws.

At the state level, California’s Department of Alcoholic Beverage Control (ABC) regulates alcoholic beverages. It issues licenses, collects reports, makes rules, issues guidance to the industry, and enforces state alcohol laws.

Businesses in the alcoholic beverage industry also need to be aware of, and comply with, local laws for alcohol businesses, such as special zoning and signage rules.

Complying

Make sure you understand the applicable rules for labeling, shipping, distributing, marketing, selling, pricing, transporting, storing, and returning alcohol. You also need to know about employee training (Responsible Beverage Service), minimum age requirements, and special rules for retail premises, including rules about signs.

Overview of Alcohol Marketing & Advertising Laws in California

California’s tied house laws strictly limit how wine, beer, and spirits producers and wholesalers market alcoholic beverages, and particularly how they communicate and work with retailers. Tied house laws ban marketing conduct that is both legal and commonplace in other sectors of the food and beverage industry. To promote alcoholic beverages, industry members need to know when and how they can work within the long list of regulatory exceptions to these laws. The exceptions create opportunities to market wine, beer, and distilled spirits.

Common legal risks include tied house violations, improper promotions, and misleading ads.

Working with an experienced alcohol lawyer can help you maintain compliance, avoid negative licensing outcomes like fines or license suspensions, and take advantage of regulatory provisions that create opportunities for alcohol marketing.

The Benefits of Hiring an Alcohol Law Specialist:

1. Understanding Complex Federal and State Requirements

Alcohol is subject to a complex web of local, state and federal laws. Laws vary based on a business’ role in the industry (producer, distributor, retailer, other); whether wine, beer, and/or spirits are sold; and where you operate. If you operate in multiple states – or hope to – you’ll know that each state is akin to a different country when it comes to alcohol regulations. An attorney specializing in alcohol beverage law is ideally positioned to help you navigate the complex regulatory framework in the most efficient way.

2. Protection from Regulatory Violations

License holders have ongoing compliance obligations. They can face fines, license suspension, or license revocation if something goes wrong. An alcohol law specialist can help you maintain compliance and minimize risks.

3. Efficiency and Experience

Gillian’s entire practice is devoted to alcohol law. She works with alcohol regulations and alcohol regulators on a daily basis.

4. Handling Complicated Situations

Growing a licensed alcohol business is more difficult than growing businesses in other industries. Do you want to operate in multiple states? Sell directly to consumers? Acquire other licensed businesses? Resolve a regulatory investigation? Whether it’s a growth opportunity or a risk management situation, you need experienced legal counsel to navigate alcoholic beverage laws successfully.

5. Strategic Business Planning

Alcohol regulations don’t just affect your legal compliance—they shape your entire business model. An alcohol law attorney can help you structure your business operations, distribution strategies, and growth plans in ways that work within regulatory requirements rather than against them.

Why Choose Gillian Garrett Law, PC?

Working with a lawyer who understands your industry and the legal issues businesses like yours frequently encounter can make a significant difference not only in the outcome, but also in the resources you dedicate to getting there. Here’s Gillian’s approach:

Exclusive focus on alcoholic beverage law: Gillian dedicates 100% of her practice to alcohol law (as she’s done for many years). This means she gets up to speed quickly when working with new clients, and rarely encounters legal challenges she hasn’t helped other businesses overcome.
Transparent, predictable pricing: For many matters, including hearings and creating customized alcohol law manuals, Gillian offers flat-fee arrangements so you know exactly what to expect financially.
Plain language communication: Gillian communicates with clients using language that doesn’t require a law degree to understand. She translates complex regulatory concepts into plain English so clients know exactly what they need to do, and why.
Proactive compliance strategies: The best way to handle regulatory complications is to prevent them. With this in mind, Gillian works closely with clients to proactively identify potential compliance issues and address them early on.

Gillian doesn’t just handle alcohol law cases—she partners with business owners who are working hard to build successful companies in one of America’s most regulated industries.