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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.
FinCen announces boi reporting extension for some helene hit businesses
A few newly formed companies affected by Hurricane Helene may get a temporary extension for filing requirements under Corporate Transparency Act. This extension does not benefit any company which was created prior to June 24, 2024.
emergency water supply plan
Amidst the destruction wrought by Hurricane Helene in Western North Carolina, many food and beverage operations are left indefinitely without running potable water and looking for a way to resume operations. Many wonder whether they can use a temporary water supply during a water interruption. The answer is yes, per the NC Department of Health and Human Services (DHHS). They just need an approved “Emergency Water Supply Plan” per NCGS 130A-248, NC Food Code 5-101.11 and 5-104.12.
FEMA Assistance for areas impacted by hurricane helene
FEMA has declared Individual Assistance (IA) for areas impacted by Hurricane Helene. Individuals can apply for disaster assistance from FEMA to help offset your expenses. You can apply online at https://www.disasterassistance.gov/ or via telephone at (800) 621-3362, or using the FEMA weather app. Use the following tips when applying, per the NC Department of Insurance:
Disaster Unemployment Assistance amidst hurricane helene
Benefits for Disaster Unemployment Assistance are now available to the Eastern Band of Cherokee Indians and 25 counties in Western North Carolina. Residents of these counties have until December 2, 2024, 60 days, to apply online at des.nc.gov for Disaster Unemployment Assistance. You might be qualified for these interim benefits if Hurricane Helene's flooding and devastation prevented you from finding work or caused it to stop altogether.
Damage and Destruction Clauses and Force Majeure Clauses in Commercial Leases
Following the devastation caused by Hurricane Helene in western North Carolina, many landlords and tenants will be consulting their written leases to see what will happen to their business premises and property in the next days, weeks, and months. Commercial leases often have damage and destruction clauses that specify what happens to the landlord and tenant in the event that something goes wrong and affects the property.
department of labor updates overtime pay exemption requirements
On April 23, 2024, the United States Department of Labor issued a final rule updating the exemptions to its overtime pay requirements for executive, administrative, and professional (“EAP”) employees, and certain highly compensated employees. The final rule will go into effect on July 1, 2024. The final rule revises the annual compensation threshold required to be exempt from overtime pay requirements for EAP employees and certain highly compensated employees. Additionally, it creates a mechanism that provides for timely updates to those annual compensation thresholds to reflect current earnings data.
federal trade commission noncompete ban - what you need to know
On April 23, 2024, the Federal Trade Commission (FTC) issued a new rule banning noncompete clauses in employment contracts. Allen, Stahl + Kilbourne is closely monitoring challenges to the rule.
ABC retail permit renewal deadline extended
NC ABC has agreed to a grace period for retail permit renewals through May 31, 2024, at the request of the North Carolina Craft Brewers Guild and other industry associations. If you have not yet renewed your permits for this year, you should do so as soon as possible.
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.