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 If more than thirty days have passed since the transfer, the TTB will notify the permit holder that the permit is no longer valid.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.