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Any statements contained herein do not constitute a formal legal opinion and should not be relied upon as such. These articles are intended for general informational purposes only. Nothing expressed shall be grounds for the creation of an attorney-client relationship. Our attorneys can give legal advice only in the context of an attorney-client relationship after a conflict check, the execution of a representation agreement and a discussion of the specific information and unique issues of your particular circumstances.
potential pitfalls related to the stop addiction fraud ethics act of 2023 (safe act)
Effective January 1, 2024, substance abuse recovery residences, treatment facilities, and treatment providers must comply with new requirements designed to curb unethical marketing practices and kickbacks for patient referrals. The Stop Addiction Fraud Ethics Act of 2023 (“SAFE Act”) provides general requirements for marketing, false or misleading information, and patient referral practices. SUD facilities should pay close attention to this new law and evaluate whether their marketing and referral practices are in compliance.
ABC PERMIT RENEWAL REMINDER
This is a reminder that your permits need to be renewed by 4/30/2024. This can be accomplished online (https://epay.abc.nc.gov/). You will need your permit number and PIN which ABC issued to you. If you do not have your PIN, please let us know and we will be happy to get it for you.
Corporate transparency act (CTA): what you need to know and how to comply
Congress recently enacted the Corporate Transparency Act (the “CTA”) requiring businesses to report certain information (“BOI”) about the company, its Beneficial Owners, and the company applicant(s) (the “BOI Report”) to make it harder for business owners to use companies to hide criminal activity. Reporting started on January 1, 2024.
THE CITY OF ASHEVILLE MAKES ITS COVID-ERA OUTDOOR DINING PROGRAM PERMANENT
The City of Asheville is currently accepting applications for its new long-term Outdoor Dining Program to allow for permanent Sidewalk Dining and/or the installation of a Streetery.
upcoming law change for mixed beverage bars
Starting August 1, 2023, breweries, wineries, and distilleries will be eligible to apply for a mixed beverage bar permit for their retail locations physically connected to their brewery, winery, or distillery.
2023 ABC Bills filed
Several ABC-related bills have been filed recently, including this year’s ABC Omnibus Bill. Below is more information about various provisions which could impact the ABC industry.
NOTICE TO BUSINESS OWNERS REGARDING REQUIREMENT TO POST HUMAN TRAFFICKING AWARENESS SIGN
The North Carolina Human Trafficking Commission recently sent out the following notice regarding Posting Human Trafficking Awareness Signs:
North Carolina has consistently been listed as one of the top ten states reporting human trafficking to the National Human Trafficking Resource Center. Human trafficking is t he second-most lucrative illicit industry in the world, second only to drug trafficking. As part of an effort to combat this crime and identify those victimized by it, the North Carolina General Assembly passed a law requiring that certain businesses and organizations display a human trafficking awareness poster designed by the North Carolina Human Trafficking Commission.
Likelihood of confusion: what does it mean?
One of the most common rejections (“office actions”) the United States Patent and Trademark Office (USPTO) issues is under Section 2(d) of the Lanham Act. This section of the law states that any trademark that so resembles a mark registered with the USPTO, or a mark or trade name previously used in the United States by another and not abandoned, which is likely to cause confusion, mistake or to deceive when used on or in connection with the goods of the applicant, the application should be rejected by the USPTO. In English: if an application is so similar to an already registered trademark, such that it would cause confusion in the public, the USPTO will refuse registration to the applicant.
Trademark registrations under state law
By now, most people generally know that a business can register its trademark(s) with the United States Patent and Trademark Office (USPTO). Some know that doing so will help them achieve nationwide protection for their trademark(s). Most do not know that it is also possible to register their trademark under state law. In North Carolina, for instance, the Secretary of State Trademarks Division maintains a database of state-registered trademarks.
NOTICE TO BREWERY, WINERY, AND DISTILLERY CLIENTS WITH EXISTING TTB PERMITS
TTB has begun conducting “compliance” checks before reviewing any amendments to federal permits or applications for new permits (locations or different commodities). This means that…
5 ATTORNEYS SELECTED FOR 2023 EDITION OF BUSINESS NORTH CAROLINA’S LEGAL ELITE
Five attorneys at Allen Stahl + Kilbourne have been selected by their peers for inclusion in the 2023 edition of Business North Carolina's Legal Elite, a listing of the state's top lawyers in business related categories.
IMPORTANT REMINDER FOR WHOLESALERS
ABC Rule 15C .0602(a) requires all wholesalers to confirm each retail account’s permit status every time a sale is made to that account. This requirement also extends to breweries and wineries that self-distribute under their wholesaler permits, meaning that these businesses must confirm their own retail permit status every time a sale is made to their respective retail taprooms.
Salesman Permits
Recently, we’ve seen an uptick in Alcohol Law Enforcement (ALE) flagging clients for technical violations of ABC law, including, specifically, failure to obtain salesman permits. Failure to have a salesman permit for each route salesman employed by a wholesaler
Thought We Didn’t Have “Bars” In North Carolina? Now We Do: Governor Cooper Signs HB768 Into Law, Makes Changes to Permits for Bars and Distilleries
On July 7, 2022, Governor Cooper signed House Bill 768 into law. HB768 makes some significant, positive changes to alcoholic beverage laws in North Carolina, including changing the definition of “private bar,” by eliminating the “private” aspect, and creating a grace period…
What Are Corporate Formalities and Why Do They Matter?
One of the main reasons anyone forms a corporate entity, be it a corporation, limited liability company, or partnership of some sort, is to insulate their personal assets from the liability of the business. Corporate entities…
LISTEN TO DEREK ALLEN ON THE CRAFT BEER PROFESSIONALS PODCAST: RAPID FIRE LEGAL
Catch Derek Allen on an episode of the Craft Beer Professionals Podcast: Rapid Fire Legal.
Allen, Stahl and Kilbourne named to the 2022 Legal Elite by Business North Carolina magazine
Derek Allen, Jeff Stahl, and James Kilbourne, Jr. were all recognized by Business North Carolina’s 2022 Legal Elite. Derek, Jeff and James were honored in the business practice areas of Litigation, Real Estate, and Appellate Law respectively.
NORTH CAROLINA ESTABLISHES BUSINESS RECOVERY GRANT PROGRAM REWARDING UP TO $500,000. ARE YOU ELIGIBLE TO APPLY?
As the New Year approaches, it brings prospects of change, growth, and a renewed commitment to values and priorities. But in the face of bright outlooks, many Western North Carolinians are still struggling with hardships precipitated by the COVID-19 pandemic in 2020 and 2021.
THE LYRICS OF "OUR HOUSE" ILLUSTRATE THE STRUGGLES OF HOME OWNERS ASSOCIATIONS
We represent a lot of Home Owners' Associations, so we paid particular attention when Alice Lahoda recently examined the lyrics of 80's pop hit "Our House" in the context of HOA rules and regulations. It is understandable why the Association was so concerned