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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.
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
“Back to (a new) normal? Gov. Cooper removes many, but not all, COVID restrictions”
COVID trends continue to show movement, including increased vaccine distribution and reductions in the percent of emergency department visits that are due to COVID-like illness, the number of COVID-19 daily diagnoses, the percent of total COVID-19 tests that are positive and the number of COVID…
IN UNITED STATES V COOLEY, THE SUPREME COURT TACKLES ISSUES OF TRIBAL POLICE AUTHORITY
This morning the United States Supreme Court will hear arguments in United Stares v Cooley, a case on whether a tribal police officer has authority to detain a non-member on Indian land. ASK lawyer James Kilbourne participated in the amicus briefing process with the Native…
DAMIE SESAY JOINS ALLEN STAHL + KILBOURNE
Allen Stahl + Kilbourne is pleased to announce that attorney Damie A. Sesay has joined our firm. As managing partner Jeff Stahl explains, “We couldn’t be more excited to add Damie to the team. Her knowledge and expertise will be of great benefit to our clients.” Damie Sesay is an
DEREK J. ALLEN FEATURED IN NCBA’S EXPERT SERIES ON-DEMAND CLE
Derek J. Allen of Allen Stahl + Kilbourne is the featured speaker in this month’s Expert Series On-Demand CLE from the North Carolina Bar Association. He joins with Raleigh’s John Szymankiewicz to give guidance on alcohol law for general practitioners in the one hour free CLE: “North Carolina…
CURFEW ENDS, BARS OPEN, ‘NUFF SAID: HOW EO 195 EASES (BUT DOESN’T LIFT) COVID-19 RESTRICTIONS
Responding to improvements in key COVID-19 metrics, including reduced COVID-19 daily diagnoses and lower total percentages of positive COVID-19 tests, Governor Cooper implemented Executive Order (EO) 195 effective at 5:00pm on February 26, 2021. EO 195 will remain in effect until…
Three attorneys from Allen Stahl + Kilbourne recognized as 2021 Super Lawyers
Allen Stahl + Kilbourne is honored to announce the selection of Buncombe Bar members Derek Allen, James Kilbourne, and Bo Carpenter to the 2021 North Carolina Super Lawyers list. Among the few attorneys to garner the distinction of Super Lawyers, each has earned the respect…
COVID RELIEF BILL CONTAINS TAX RELIEF, PPP2, AND ASSISTANCE TO LIVE VENUES
In the waning hours of the legislative year, the House and Senate passed a $900 billion pandemic relief package, which was tacked on a $1.4 trillion catch-all spending bill and other end-of-session business in a massive bundle of bipartisan legislation. The legislation, the 2021 Consolidated…
‘BARTENDER, I’LL HAVE ANOTHER…AND DELIVER IT!’: GOV. COOPER APPROVES MIXED BEVERAGE TAKE-OUT/DELIVERY AND OTHER UPDATES
Governor Cooper has been busy issuing more COVID-19 executive orders (EOs), among other things (like winning re-election, if you’ve been hiding out in a cave or something), and he’s saved the best for last! But first, we’ll bring you up to speed on the food, beverage, and night life…
ALLEN STAHL + KILBOURNE RANKED BY THE U.S. NEWS – BEST LAWYERS® 2021 “BEST LAW FIRMS” IN ASHEVILLE, NC IN TWO PRACTICE AREAS
Allen Stahl + Kilbourne has been ranked by the U.S. News – Best Lawyers® 2021 “Best Law Firms” in Asheville, NC for Litigation – Land Use & Zoning (Tier 1) and Land Use & Zoning (Tier 2). The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on…
DEREK ALLEN RECOGNIZED IN THE BEST LAWYERS IN AMERICA© 2021
Allen Stahl + Kilbourne is pleased to announce that Derek Allen has been selected by his peers for inclusion in The Best Lawyers in America© 2021 Edition in Land Use and Zoning Law and Litigation – Land Use and Zoning. He has been recognized continuously since 2009…
GOV. COOPER TOGGLES THE DIMMER SWITCH: WHAT EXECUTIVE ORDER 169 AND PHASE 3 MEAN FOR YOU
On September 30, 2020, Governor Roy Cooper issued Executive Order 169 (EO169) which will officially move North Carolina into Phase 3 of the COVID-19 State of Emergency that he declared on March 10, 2020 (Executive Order 116). EO 169 is effective on Friday, October 2, 2020 at 5:00pm and runs…