April 12, 2016 On the same day that news about scientists’ first view of the human brain on LSD came to light, we came across an LSD beer-related story.  One of our local greats, Indeed Brewing Company, had a label rejected by the Tax and Trade Bureau apparently because it referenced LSD. One of the Read more…

June 19, 2017 Starting a brewery takes passion, bravery, a solid business plan, and plenty of capital. Don’t forget about familiarizing yourself with the local regulatory environment and zoning laws. Amidst all the stress and excitement — and paperwork — of opening a brewery, one thing you may forget to consider is making friends with Read more…

April 4, 2017 Brewers, especially new brewers, face the issue of whether to self distribute their product or rely on a third party beer distributor. Luckily enough, most states give you the right to choose. In Minnesota, for example, you can be licensed to self distribute instead of partnering with a distributor, up to a Read more…

Last week, a judge ruled in favor of a former bartender from Surly Brewing Co., who filed suit against the brewery on behalf of over 100 current and former bartenders and wait staff who have worked at Surly starting in 2014.  The lawsuit claimed that Surly violated Minnesota law by requiring servers and bartenders to Read more…

A franchise discovery day, or similar event, is an opportunity for prospective franchisees to learn about the franchise from the franchisor firsthand. Attending a franchise discovery day is a key way for franchisees to gather a lot of helpful information in a short period of time. What is a Franchise Discovery Day? At a typical Read more…

September 16, 2016 Some of you may be aware that there is an ongoing lawsuit between two Minneapolis breweries about a trademark dispute – Smokehouse Brewpub, LLC v. Lucid Brewing LLC.  An oversimplified breakdown of the facts at issue looks like this: Smokehouse Brewpub, LLC (Smokehouse) files an application with the Patent and Trademark Office Read more…

September 30, 2014 The new rule is intended to reduce the regulatory burdens on smaller brewers, reduce their administrative costs, and create administrative efficiencies for the TTB. Today, the Alcohol and Tobacco Tax and Trade Bureau (TTB) announced that it has issued a final rule, titled “Small Brewers Bond Reduction and Requirement to File Tax Read more…

Obviously, there is a lot of uncertainty about cannabis regulation in Minnesota. Almost immediately after passage, there were directly opposing interpretations of the law and confusing information put out across Minnesota news outlets. For example, we are frequently asked these days whether smokable hemp flower can be sold. The Department of Health has issued guidance Read more…

April 3, 2020 The Coronavirus pandemic has caused a profound and pervasive impact on almost every facet of daily life around the world. This impact is felt especially acutely by small businesses, including breweries, distilleries, and wineries. Over the course of just a few weeks, once busy taprooms have been completely emptied, distilleries have begun Read more…

Red Flags & Warning Signs The points detailed below reflect common franchise problems, franchisor red flags and warning signs that have arisen with respect to franchise sales that, in many instances, have proven to be troublesome for franchisees. If you find one or more of the following franchise red flags — proceed with caution. The Read more…

March 28, 2015 On behalf of Garner, Ginsburg & Johnsen, P.A. on Saturday, March 28, 2015. When you sign a franchise agreement, you plan to uphold it, and you expect the franchisor to do the same. Unfortunately, franchisors sometimes breach the contracts they enter into with franchisees, and beyond annoyance, this can result in serious Read more…

September 28, 2023 Buy-sell agreements are incredibly important for small businesses with multiple owners to have in place. The main purpose of a buy-sell agreement is to provide a method for the orderly transfer of ownership and management control when specific events occur, such as the death, disability, retirement, or voluntary departure of a co-owner. Read more…