Libation Law Blog

Alcoholic Beverage and Cannabis Regulatory and Legal Updates

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This afternoon Governor Pritzker announced the unprecedented step of closing all bars and restaurants for dine-in services in Illinois as a measure to curtail the spread of COVID-19. You can read the press release here. From the Governor’s statement: The state is working closely with restaurant owners and food delivery services to ensure kitchens can safely remain open to continue food delivery and put in place drive-thru and curbside pickup options for restaurants to continue…
Here’s the release from the Illinois Department of Agriculture: Application Submission Update On March 12, 2020 Governor JB Pritzker issued an Executive Order extending the deadline for submitting applications for Adult Use Cannabis Craft Grower, Infuser, and Transporter licenses to the Illinois Department of Agriculture until March 30, 2020 and directing all applications to be submitted via certified mail rather than in-person.  Please see below for instructions on how to submit your application via certified…
Today is Lebamoff Day at the 6th Circuit. The first of the cases currently pending in several circuits brought by out-of-state retailers looking to sell and ship alcoholic beverages to other states’ residents arguing that where states allow their in-state retailers to sell wine, beer, and spirits online and ship or deliver them to residents it is a Commerce Clause violation to not have a mechanism for out-of-state retailers to do the same. This case…
Illinois liquor lawyers should pass this around to their bar and restaurant clients. The Illinois Liquor Control Commission has issued this guidance on the return of alcoholic liquors if and when Illinois St. Patrick’s day parades are cancelled. You can read the full text below. Note that on account of the penultimate clause, the right to return beer is granted now, with the right to return wine and spirits set to be authorized if the…
Here are the facts from the court’s order. The Plaintiff Fraternité Notre Dame, Inc. (“Plaintiff” or “Fraternité”) is a Catholic religious order that was founded in 1971 and takes the Most Blessed Virgin Mary as its Model and Protectress. The parties in the case stipulated that “[i]t is an essential part of the Fraternité Notre Dame’s faith and mission to help persons who are suffering in their heart or in their body and are in…
Following a trial over claims of an alleged exclusive oral distribution agreement under Delaware’s alcohol distribution franchise law a Delaware court has found that the lack of a specific “quantity” term in the arrangement between a spirits company and an alcohol wholesaler was the exact kind of missing term that Section 2-201 of the uniform commercial code warned against, holding that their course of dealing – buying on invoice – did not create an enforceable…
In another case about the lowered property value and references to the smell from cannabis farming operations, a Federal Magistrate in Oregon has recommended the District Court allow a suit to proceed based on this Second Amended Complaint filed by the plaintiff against a host of defendants that she asserts, are responsible for her inability to sell her land – located adjacent to the cannabis farming operation defendants are involved in.  Those following this cannabis…
In another case about the lowered property value and references to the smell from cannabis farming operations, a Federal Magistrate in Oregon has recommended the District Court allow a suit to proceed based on this Second Amended Complaint filed by the plaintiff against a host of defendants that she asserts, are responsible for her inability to sell her land – located adjacent to the cannabis farming operation defendants are involved in.  Those following this cannabis…
The facts alleged in the complaint are important and the decision renders some interesting guidance for taverns ejecting patrons. The complaint asserted that an employee of the bar attended an employer sponsored event at the tavern. At the event, the bar provided free alcoholic beverages to the employees. The employee at issue drank alcohol and became intoxicated. In the late evening or early morning, the tavern stopped serving the employee and “ejected” him from the…
The facts alleged in the complaint are important and the decision renders some interesting guidance for taverns ejecting patrons. The complaint asserted that an employee of the bar attended an employer sponsored event at the tavern. At the event, the bar provided free alcoholic beverages to the employees. The employee at issue drank alcohol and became intoxicated. In the late evening or early morning, the tavern stopped serving the employee and “ejected” him from the…