Skip to content

News

The Sla Welcomes A New General Counsel

At the Full Board hearing held on February 1, 2023, Chairman Bradley welcomed Shannon Kearney Sarfoh, who was appointed General Counsel to the Authority on January 19, 2023. She is charged with the responsibility of overseeing the General Counsel’s Office, which provides legal support and advice to the agency and the Board. Before joining the SLA, she served as Special Victims Unit Chief of the Office of the Albany County District Attorney. We join Chairman Bradley and the Beverage Alcohol Bar in welcoming Shannon Kearney Sarfoh, Esq.

LIFE GOES ON; OR DOES IT?

Federal Basic Permits are issued for a designated entity, premise, and people.

The premises assigned to the permit cannot be moved without, permission from the TTB.  If there is a change to entity to which the permit is issued or a change in ownership, an application to the TTB must be made within thirty days of the change. Failure to make a timely application results in the automatic termination of the permit.

In the past, permit holders and their attorneys sometimes realized that there had been a change that required notice to the TTB long after the thirty days. It was not unusual for the permit holder to file required notifications or applications late. Be warned, those days are over. When an application for a corporate change is filed, the TTB examines the filed documents and takes note of the date the transaction took place. If more than thirty days have passed since the transfer, the TTB will notify the permit holder that the permit is no longer valid. This can have profound consequences because any purchases or sales which took place after the permit expired are technically illegal. If the holder of the former permit is fortunate, the TTB will work with him or her to quickly issue a new permit. If requested, the TTB may even agree to use the same permit number and allow the use of previously approved Certificates of Label Approval. Still, there is no guaranty.

On the other hand, the former permit holder will not be eligible for any portion of the reduced tax rate available under the Craft Beverage Modernization Act for any period during which its federal basic permit was invalid.

There is a basic axiom worth remembering. Never put yourself in the position of having to ask for a favor because you failed to take advantage of something for which you entitled as a matter of right. A person or entity with a federal basic permit, should file the appropriate notice or application within thirty days whenever there is a change of ownership, control, or management of the permittee.

CBMA IMPORTER REFUND CLAIMS SYSTEM

The TTB is preparing for the release of a new Craft Beverage Modernization Act (CBMA”) importer refund claims system. This system will allow importers to submit claims to take advantage of reduced tax rates and credits to which they are entitled under the CBMA. The system relies upon the Key Contact information accumulated in the TTB’s Permits Online System. The TTB recommends those who intend to use the new system confirm the Key Contact information as soon as possible. There are step-by-step instructions on how complete this action on TTB.gov.

This article is not intended to give specific legal advice.  Before taking any action, the reader should consult with an attorney familiar with the relevant facts and circumstances.

Written by

Keven Danow

Founding and Senior Partner
Read bio

Categorized in

Latest News

Stay informed on the critical current issues impacting the beverage alcohol industry

Wine and Spirits Labeled as Organic

Because a growing number of consumers believe there is an advantage to purchasing organic products, the United States Department of Agriculture (“USDA”) is concentrating on eliminating food and beverages improperly labeled as organic.  The USDA National Organic Program (“NOP”) published its final rule entitled “Strengthening Organic Enforcement (“SOE”).  This rule will be implemented as of […]

OUTDOOR DINING

The New York City Department of Transportation has published final rules regarding the open restaurant program.  Any restaurant that erected an outside dining structure or engaged in outdoor dining on a public road or street pursuant to prior rules must apply for revocable consent under the new regulations within five months of the new rules […]

Corporate Transparency Act Held Unconstitutional

CORPORATE TRANSPARENCY ACT HELD UNCONSTITUTIONAL The Corporate Transparency Act (“CTA”) requires each person to disclose to the Financial Crimes Enforcement Network (“FinCen”), acting on behalf of the United States Treasury Department, the beneficial owner and applicant for each entity to be formed by a filing with a state or an Indian tribe as well as […]

Ready to get started?

Attorney Advertising: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
The Danow Group PLLC is the successor to Danow, McMullan & Panoff, P.C.
The Danow Group PLLC is a professional limited liability company formed under the laws of the state of New York.
© 2024 All Rights Reserved, The Danow Group, PLLC
website development nyc