Don Winkle's guest appearances

Don Winkle

Chairshot Radio Network

Brew Ha Ha Podcast

DRAFT

Chris Cosentino

Sean Paxton

Charlie Bamforth

Tomme Arthur

Jim Woods

Amy Levin

Zane Lamprey

Jay Brooks

Christopher Jackson

Ken Grossman

Brian Hunt

Tom Edwards

Taylor Lane

Megan Anderson

Clay Jordan

OwlTail

Don WinkleDon Winkle joins Harry Duke and Herlinda Heras on Brew Ha Ha today. He is an attorney whose clients include craft breweries. The last time Don was on Brew Ha Ha was this episode of May 16, 2019.There is a new California law in effect July 1 of this year that mandates a new alcohol server test for licensed retailers. In a highly regulated industry it is important for businesses to keep track of new laws like this. The ABC has clear guidance on their website. In Don’s opinion, the ABC has done a good job with their website and the information is clear and easy to find. They have also shown a lot of flexibility during the pandemic, including relaxing some rules. There is a bill to keep cocktails to go available in the state legislature.Don describes how he matched his interest in the industry to his job, by being in the right place at the right time. He is an attorney who started with one client in the brewing industry and now he has many such clients. Specialized in the kinds of contracts that are germane to the industry, such as distribution agreements, contracts, regulations and leases that are unique to the industry, he also handles partnership relations. He enjoys being a part of the industry and feels lucky. Of course, tasting and drinking beer is a nice part of the job. Don describes how for a fan, the Pliny the Younger annual event is worth the wait.Some legal issues in the brewing businessThe cocktails to go law is a retail law issue, and Don’s work is with wholesalers and manufacturers. There was a recent settlement regarding distribution of craft beer. The Reyes-Seismic case started out as a contract dispute that became an anti-trust lawsuit. There is great consolidation in distribution and Reyes is buying up distributors. Being a huge privately owned company, they are not subject to the same scrutiny that public companies live with. They own about 50% of the distribution, which puts pressure on competition. The big distributors have influence on retail shelf placement in major high-volume retailers.Russian River Brewing Co. is open in Santa Rosa on 4th St. and at their big Windsor location. Visit their website for up-to-date hours, menus, beers and more info.Brewers and wholesalers are different and separate licenses. Don explains that one kind of brewer can self-distribute, in California. This is not in the law in other states. Enforcement in certain areas may have waned during those times but not much anymore. The brewing industry made big changes. Many shifted from kegs to bottles and cans. Curbside service and delivery made big differences in keeping a lot of places open.Someone starting a brewery should have good legal advice, as well as plans for insurance and succession plans for partners. Anyone attempting a startup needs advice from people with experience getting a site, equipment, a good lease, and capital to get into production. One key factor is water. How do you get it and what do you do with your waste water? Agreements like leases, insurance and supplier agreements are key to your success and need to be examined carefully. A partnership agreement is one of the most potentially challenging issues for any business, so important for a brewer. “Leases are draconian documents and they need to be gone into carefully.”

Don Winkle Don Winkle joins Harry Duke and Herlinda Heras on Brew Ha Ha today. He is an attorney whose clients include craft breweries. The last time Don was on Brew Ha Ha was this episode of May 16, 2019. There is a new California law in effect July 1 of this year that mandates a new alcohol server test for licensed retailers. In a highly regulated industry it is important for businesses to keep track of new laws like this. The ABC has clear guidance on their website. In Don’s opinion, the ABC has done a good job with their website and the information is clear and easy to find. They have also shown a lot of flexibility during the pandemic, including relaxing some rules. There is a bill to keep cocktails to go available in the state legislature. Don describes how he matched his interest in the industry to his job, by being in the right place at the right time. He is an attorney who started with one client in the brewing industry and now he has many such clients. Specialized in the kinds of contracts that are germane to the industry, such as distribution agreements, contracts, regulations and leases that are unique to the industry, he also handles partnership relations. He enjoys being a part of the industry and feels lucky. Of course, tasting and drinking beer is a nice part of the job. Don describes how for a fan, the Pliny the Younger annual event is worth the wait. Some legal issues in the brewing business The cocktails to go law is a retail law issue, and Don’s work is with wholesalers and manufacturers. There was a recent settlement regarding distribution of craft beer. The Reyes-Seismic case started out as a contract dispute that became an anti-trust lawsuit. There is great consolidation in distribution and Reyes is buying up distributors. Being a huge privately owned company, they are not subject to the same scrutiny that public companies live with. They own about 50% of the distribution, which puts pressure on competition. The big distributors have influence on retail shelf placement in major high-volume retailers. Russian River Brewing Co. is open in Santa Rosa on 4th St. and at their big Windsor location. Visit their website for up-to-date hours, menus, beers and more info. Brewers and wholesalers are different and separate licenses. Don explains that one kind of brewer can self-distribute, in California. This is not in the law in other states. Enforcement in certain areas may have waned during those times but not much anymore. The brewing industry made big changes. Many shifted from kegs to bottles and cans. Curbside service and delivery made big differences in keeping a lot of places open. Someone starting a brewery should have good legal advice, as well as plans for insurance and succession plans for partners. Anyone attempting a startup needs advice from people with experience getting a site, equipment, a good lease, and capital to get into production. One key factor is water. How do you get it and what do you do with your waste water? Agreements like leases, insurance and supplier agreements are key to your success and need to be examined carefully. A partnership agreement is one of the most potentially challenging issues for any business, so important for a brewer. “Leases are draconian documents and they need to be gone into carefully.”

Don Winkle, craft beer attorney

I sit down with my friend, personal attorney, and fellow MTB ripper Don Winkle who happens to be one of California’s leading legal experts on the beer industry. He also gave legal advice to pro cycling teams in a former life. Listen in!

Don Winkle: The Beer Industry's Esquire

Pete Foppiano is sitting in for Steve Jaxon today on Brew Ha Ha, Mark Carpenter and Herlinda Heras are also in, and Fal Allen is back, the head brewer from Anderson Valley Brewing up in Boontville. Don Winkle is also here, he is a local attorney and expert in alcohol law. He prefers the term “cold beer attorney.” Fal Allen was last on Brew Ha Ha in August of 2018, here is the podcast page of that episode.Fal Allen has brought his new Brut IPA, the Boonville Gold, a super light easy-drinking beer, and for extreme contrast, the Treble Kern, which is their triple wort fermented brew with a house mixed culture, which is then soured and they add currants to it. It takes about 18 months to make and is barrel fermented. It is available year-round.There are over 7000 breweries in America now, which provide demand for services like Don Winkle’s because the liquor laws are complex. Herlinda asked Don to come on the show to discuss some legal issues. For example, Herlinda sometimes has to try to get beer for charity events. There are a lot of laws that non-profits or anyone needs to be aware of if you are selling beer at a fund-raiser. There are a lot of these events throughout the coming Summer season.Don Winkle says you should think of a non-profit as a vendor and a brewer can only sell to a licensed retailer or wholesaler. If a non-profit is pouring beer they become a retail licensee for that day. This allows the manufacturer to donate or sell beer to them. There are a lot of details and obligations to get the documentation right.Thribble is a Boontling word. Fal Allen tells about Bootling, the local Mendocino dialect that was invented among the residents there. Thribble means three times.Fal Allen heard about the Brut IPA style and he liked it, so he decided to make one too. He got all the information from all the people who were developing it. He didn’t have to do a lot of experimentation himself. It uses an enzyme that breaks down a lot of the more complex sugars into simpler ones, so the yeast consumes more of it, making a dryer beer that features the hops more than other beers. It is very dry, accessible and drinkable. It is about 7% alcohol. Mark hears that they do late-addition hopping.Herlinda mentions Boston Beer Company, makers of Sam Adams, and Dogfish Head Brewers, have announced a very surprising merger. Fal Allen thinks it is a good merger, since Dogfish has strengths in marketing and Sam Adams is strong in distribution. Now with 7000 breweries in America, shelf space is at a premium.

Pete Foppiano is sitting in for Steve Jaxon today on Brew Ha Ha, Mark Carpenter and Herlinda Heras are also in, and Fal Allen is back, the head brewer from Anderson Valley Brewing up in Boontville. Don Winkle is also here, he is a local attorney and expert in alcohol law. He prefers the term “cold beer attorney.” Fal Allen was last on Brew Ha Ha in August of 2018, here is the podcast page of that episode. Fal Allen has brought his new Brut IPA, the Boonville Gold, a super light easy-drinking beer, and for extreme contrast, the Treble Kern, which is their triple wort fermented brew with a house mixed culture, which is then soured and they add currants to it. It takes about 18 months to make and is barrel fermented. It is available year-round. There are over 7000 breweries in America now, which provide demand for services like Don Winkle’s because the liquor laws are complex. Herlinda asked Don to come on the show to discuss some legal issues. For example, Herlinda sometimes has to try to get beer for charity events. There are a lot of laws that non-profits or anyone needs to be aware of if you are selling beer at a fund-raiser. There are a lot of these events throughout the coming Summer season. Don Winkle says you should think of a non-profit as a vendor and a brewer can only sell to a licensed retailer or wholesaler. If a non-profit is pouring beer they become a retail licensee for that day. This allows the manufacturer to donate or sell beer to them. There are a lot of details and obligations to get the documentation right. Thribble is a Boontling word. Fal Allen tells about Bootling, the local Mendocino dialect that was invented among the residents there. Thribble means three times. Fal Allen heard about the Brut IPA style and he liked it, so he decided to make one too. He got all the information from all the people who were developing it. He didn’t have to do a lot of experimentation himself. It uses an enzyme that breaks down a lot of the more complex sugars into simpler ones, so the yeast consumes more of it, making a dryer beer that features the hops more than other beers. It is very dry, accessible and drinkable. It is about 7% alcohol. Mark hears that they do late-addition hopping. Herlinda mentions Boston Beer Company, makers of Sam Adams, and Dogfish Head Brewers, have announced a very surprising merger. Fal Allen thinks it is a good merger, since Dogfish has strengths in marketing and Sam Adams is strong in distribution. Now with 7000 breweries in America, shelf space is at a premium.

Anderson Valley Brewing’s Fal Allen with Don Winkle