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Best of… for the week of August 13, 2012

August 21, 2012 Leave a comment

Anderson Valley Brewing Company Hop Ottin' IPA

Here’s my round-up (a couple of days late) of last weeks best stories and articles for Small Business and Beer Business.

Small Business

I often advise clients on when is the right time to incorporate or form a business (i.e. start acting as a business and not as a person) and why. Thanks to Nina Kaufman (@ninakaufman) for summing this up in this short video. 3 Reasons to Incorporate Your Business http://www.entrepreneur.com/video/224126

In real estate, it’s all about “location, location, location.” In small business, it’s all about “planning, planning, planning.” That means that, at least for a period of time, your personal and business life will revolve around your business plan. Make sure it’s thorough. Why Your Business Plan Is Probably Incomplete http://www.entrepreneur.com/article/224195

Remember, even if you’re small business, it’s not all about you. Your team (internal or external) is what will make the biggest difference to your success. To Be Number One, Get the Right Number Two http://blogs.hbr.org/kanter/2012/08/to-be-number-one-get-the-right.html

More on Leadership: Crisis management is a topic for every small business person. What makes a good manager in a crisis? When Good Management Is a Matter of Life and Death http://blogs.hbr.org/cs/2012/08/the_leadership_mistakes_that_l.html?awid=4678865509342592577-3271

Ok, so that’s what to do. How about what not to do (on a day to day basis)? The Seven Deadly Sins of Management http://blogs.hbr.org/cs/2012/08/the_seven_deadly_sins_of_manag.html

Continuing on the HBR bandwagon (they’ve had a great week!)… I remember a line from a movie “everyone *thinks* they have a sense of humor, even the ones who don’t.” Everyone *thinks* they’re a good boss. Are you? Really? Are You Sure You’re Not a Bad Boss? http://blogs.hbr.org/cs/2012/08/are_you_sure_youre_not_a_bad_b.

Employee of my dreams? I don’t think so. I’d settle for a “good” employee. Maybe even “decent.” There are days when I’m desperate enough to take someone as basic as “breathing.” Here’s some things to look for in your employee search. How to Hire the Right Employees for Your Startup http://www.entrepreneur.com/article/224191

Beer Business

Here’s an interesting article on what may be a direction for the beer industry/business down the road. Focuses on the technology and sensory options for deconstructing and developing a beer. Yeast of Eden: the future of beer http://www.guardian.co.uk/lifeandstyle/wordofmouth/2012/aug/13/yeast-eden-future-of-beer?newsfeed=true

Love that many small farmers and agri-businesspersons are rediscovering the economies that drove our great grandparents. It used to be that brewing beer on the farm was the norm, not the exception. Here’s a great story on it. Maryland farmers try beer production http://www.baltimoresun.com/business/bs-md-ca-farm-brewery-20120813,0,3856297.story

Good LORD! Have you been watching this story unfold? Heineken & Tiger Beer. here: http://www.atimes.com/atimes/Southeast_Asia/NH15Ae01.html and here: http://t.co/bFzVv59j and here: http://t.co/fAHyOCGc

You know that right after they planted it, they had to have made beer from it. Can we brew again with einkorn? Bulgarians cultivating ancient einkorn grain http://goo.gl/GQM0E

I happen to think that there should be more of this sort of cross-pollination between the alcohol industries. Cheers to Anderson Valley! Anderson Valley Brewing Co. forms partnership with Wild Turkey Bourbon http://beerpulse.com/2012/08/anderson-valley-brewing-co-forms-partnership-with-wild-turkey-bourbon/

Here’s an interesting article out of the UK. I don’t know that this is a huge issue in the US right now, but with the rising cost & popularity of craft beer, maybe we should be on the watch for tax dodges like this. Bootleg Beer Hitting Lawful Traders http://goo.gl/wY6y4

Speaking of prices fluctuating (up anyway), here’s a good video and article about how/when beer prices shift. Grin and Beer It: Some Beer Prices Will Increasehttp://t.co/KALtGRKN

Love Oskar Blues‘ beer, and I’m thrilled they’re coming to NC. IF you haven’t heard, they’re planning on brewing their Dale’s Pale Ale in NC before the end of the year! I was a project manager in a former life/career. For something of this scale, that’s a really, *really* fast build . Cheers to them! Beer Guy: Oskar Blues plans quick build http://www.citizen-times.com/article/20120816/ASHEVILLESCENE/308160019

Not to be outdone, Sierra Nevada has accelerated their build timeline as well. They’ve moved their “open” date to July 2013 (another *fast* build). Sierra Nevada changes opening date to July 2013 http://www.blueridgenow.com/article/20120814/ARTICLES/120819909?p=1&tc=pg

I’ve never understood where the stigma for Contract Brewing came from. Just because you don’t physically *own* the equipment, it’s not really brewing? Please. I’ve got to give credit to Shaun O’Sullivan at 21st Amendment Brewery (563 2nd Street, “that’s right, cans.”) – I like his re-invention to calling it Partner Brewing. Contract is Not a Dirty Word in Brewing http://www.craftbeer.com/pages/stories/craft-beer-muses/show?title=contract-is-not-a-dirty-word-in-brewing#.UC0wG69w_N8.twitter

I *just* posted on this a few weeks ago. Sounds interesting, I’d like to hear more. Oregon Public House: The First Nonprofit Pub (VIDEO) http://www.huffingtonpost.com/bus-52/oregon-public-house-video_b_1773883.html

Here’s good article on the dangers (no matter which side of the fence you’re on) with market consolidation in the beer industry. One Company Will Soon Control Half of the U.S. Beer Market http://business.time.com/2012/07/03/one-company-will-soon-control-half-of-the-u-s-beer-market/

Speaking of market consolidation… U.S. Department of Justice formally requests more info on A-B InBev/Modelo deal http://beerpulse.com/2012/08/u-s-department-of-justice-formally-requests-more-info-on-a-b-inbevmodelo-deal/

Market impact: How will the weather/crops so far this year effect the beer industry? Here’s the skinny – USDA August 2012 Crop Report: update on barley, hops and applehttp://beerpulse.com/2012/08/usda-august-2012-crop-report-update-on-barley-hops-and-apples/

Just for fun

I love Mental Floss (http://www.mentalfloss.com)! Here’s one of their recent goodies: 11 Tips for That Benjamin Harrison Birthday Bash You’re Probably Planning http://www.mentalfloss.com/blogs/archives/138568 (back when being many meant facial hair! Benjamin Harrison – our last bearded president).

Best of… week of July 16

July 24, 2012 1 comment

An example of a Trader Joe's storefront.

 

It’s that time again! It has been a busier week than I had realized, there’s a lot to cover, so get ready. Here’s my summary of the best articles in (small) Business and (craft) Beer

 

Small Business

 

This year has some special issues going on for personal and corporate/business taxes. Here’s a good summary of upcoming changes that you need to know about The Fiscal Cliff: 3 Tax Changes You Need to Know Are Coming:  http://www.entrepreneur.com/blog/224051

 

When you’re a startup company, you need a lawyer (whether you think you do or not). One question comes up: do you pick a lawyer from a big firm or a small firm or solo? Hiring a Lawyer for Your Startup – Big Firm or Small Firm? http://www.jdsupra.com/legalnews/hiring-a-lawyer-for-your-startup-big-f-23236/?utm_source=jds&utm_medium=twitter&utm_campaign=bizlaw

 

The title says it all: What to Know About Investing in Your Own Business: http://smallbusiness.foxbusiness.com/finance-accounting/2012/07/16/what-to-know-about-investing-in-your-own-business/

 

Every business has that one (or sometimes more than one) employee that’s a little… out there. I’m thinking red Swingline staplers here. How do you deal with them? Especially if their the wunderkind that’s helping you stay afloat? How to Manage Your Smartest, Strangest Employeehttp://blogs.hbr.org/cs/2012/07/how_to_manage_your_smartest_st.html

 

Since we’re talking about employees here, have you ever had anything go… missing? If you run a business with employees, you need to understand your legal rights (and obligations) regarding employee theft. Employee Theft and Fraud in the Workplace: Legal Considerations http://smallbusiness.jdsupra.com/post/employee-theft

 

Working for tips? What are the tax rules around tips? Think you know? You may not. When is a Tip Not a Tip? – When the IRS Says Sohttp://smallbusiness.jdsupra.com/post/when-is-a-tip-not-a-tip-when-the-irs-says-so?utm_source=jds&utm_medium=twitter&utm_campaign=bizlaw&utm_term=+&utm_content=+

 

Here’s the “hot sheet” of current Employment Law trending topics -> Lewd Conduct, Lactation Accommodation, and Other Steaming Hot Employment Law News! http://www.jdsupra.com/legalnews/lewd-conduct-lactation-accommodation-a-84063/?utm_source=jds&utm_medium=twitter&utm_campaign=bizlaw

 

Veering away from employees and over to leadership, here’s a good article on how leaders make the bridge between the strategic and the tactical. How Smart Leaders Translate Strategy into Executionhttp://blogs.hbr.org/cs/2012/07/how_smart_leaders_translate_st.html

 

Can’t let a week go by without a social media legal issue. This seems like a “duh” moment, but, if you didn’t know… You Don’t Own Your Tweetshttp://www.jdsupra.com/legalnews/guess-what-you-dont-own-your-tweets-45112/

 

(Craft) Beer Business

 

eBay auctions for beer bottles  that just *happen* to be full (wink wink nudge nudge) have been an ongoing issue for the Craft Beer industry. Here’s Cigar City’s take. An eBay Auction that the Brewery Embraceshttp://beerpulse.com/2012/07/an-ebay-auction-that-the-brewery-embraces/

 

Trader Joe’s has their house brand(s) of beer contract brewed at some very respectable breweries and offer some seriously good beer at reasonable prices. But… there’s trouble “brewing” in TX. Dispute Brewing at Trader Joe’shttp://www.star-telegram.com/2012/07/15/4101255/dispute-brewing-at-trader-joes.html

 

Midwestern (and global) drought. It’s starting to show signs of impacting the food market for grain. Will beer and rbewers be impacted? Grain Prices Pushed to Record Highshttp://www.reuters.com/article/2012/07/20/us-usa-drought-idUSBRE86F1D420120720?feedType=RSS&feedName=environmentNews&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reuters%2Fenvironment+%28News+%2F+US+%2F+Environment%29

 

Jolly Pumpkin et. al. getting a new, expanded, operations base. Northern United Brewing Company (owners of Jolly Pumpkin Artisan Ales and other beer brands) is opening an larger brewing facility in Dexter MI. Thank goodness Ron Jeffries will still be overseeing the beer! Jolly Pumpkin’s Parent Company Opening New Facility Expandable to 150k Square Feethttp://beerpulse.com/2012/07/jolly-pumpkins-parent-company-opening-new-facility-expandable-to-150k-square-feet/

 

We’ve talked about cans before (“That’s right, cans.”), but have you considered that some beers or brands might work better in cans than in bottles, simply because it’s in a can? Here’s Midnight Sun’s Experience, “[they did ] ‘okay’ in our 22-ounce bottles…. When we put them in cans, they started flying off the shelves….” Alaska Beers Get Cannedhttp://www.anchoragepress.com/food_and_drink/brew_review/alaska-beers-get-canned/article_cb5ee510-d1ee-11e1-b3f9-001a4bcf887a.html

 

Just for Fun

 

If you don’t read Mental Floss, you totally should. Give it a day, or just follow them on Twitter. It’s addictive. http://mentalfloss.com/

 

 

How do the “big boys” fit with Craft Beer and the Craft Beer Business?

July 4, 2012 1 comment
Anheuser-Busch InBev's Holiday Gift to Revision3

Anheuser-Busch InBev’s Holiday Gift to Revision3 (Photo credit: dlprager)

I’ve been thinking about the Big Beer companies, the big and the getting-bigger companies.

The story starts a few weeks ago. I had been watching a thread on a forum where a homebrewer started off by saying something like “I can’t drink macro lager anymore. I can’t believe anyone who like craft beer can stand to drink that other stuff.” There were a lot of comments like “I can’t drink that swill,” or “there’s no substitute for flavor.” There were some comments to the tune of “yeah, but at the ball park or the beach on a hot day,” or “I still have a macro beer at a party now and then.”

So here’s my thinking: Whether you like their product or not, you have to give credit to the breweries that are turning out light american lager on a global scale. Any homebrewer that has tried to do it can tell you that Light American Lager is a *very* difficult style to brew and brew well. Yet, here are the massive companies turning out millions of gallons of the stuff all over the world and achieving flavor and production consistency that most small commercial brewers can only hope to emulate. Clearly, these macro breweries know their business and have the brewing down to a science. Folks like AB-InBev, MolsonCoors/SABMiller have developed, used, re-invented, and forgotten more beer science than most people will ever know. They have their process control tight and their Quality Control tighter. They know how to brew beer.

And they’ve got money. And they’re not stupid – they’re watching the steady growth of craft beer year over year. And they’ve got to want in. Examples of attempts include everything from AB-Inbev’s Shocktop and Amberbock to MolsonCoor’s Blue Moon. Some forays are more successful than others (Budweiser American Ale anyone?).

So: (1) they’ve got the money (i.e. capital to invest), (2) they’ve got the science know-how, (3) they’ve got creative people (surely out of those hundreds of thousands of employees, someone’s got to be creative right?), and (4) they’ve got the marketing and desire to do it. Why aren’t they bigger players in the craft beer segment. Some have turned to buying up craft breweries to help augment their foothold, but these guys are science and marketing juggernauts, why do they struggle with getting into craft beer?

This seems like a conundrum from the outside. I have my thoughts on why this is, I’m sure you do too. My question here is, what do you think the long term role of the marcro beer companies is going to be in the craft beer market segment?

Best of… for the week of June 18, 2012

Happy Hour

Happy Hour (Photo credit: joelplutchak)

Ok, so here’s the round up for this past week. I’m going to try and separate by topic area, but there’s a lot to cover, so buckle in!

Small Business

Beware the Paralyzing “Whac-A-Mole” Trademark Mentality

Trademark: develop a trademark strategy. First, don’t run after a trademark after someone else has started using it. Then don’t fall into the “whack a mole” trap of trying to secure marks after you’ve started using them in… unpredictable ways. http://t.co/710cu3ea

Is your business protected in Bankruptcy?

Bankruptcy, personal or business, is a serious matter. In your planning for bankruptcy or looking at your credit situation, make sure that your business is protected. http://t.co/kViHrDCS

You May Need a Lawyer for that

Start-up are often (wisely) concerned with saving money up front. When is it a good investment to pay for professional services (like a lawyer). http://t.co/Wz9xwvA4

Capital Gains Tax Opportunity: Permanent?

Be sure to keep up on what’s going on tax wise. Unless you’re not planning on making any money ever. http://t.co/7udiFixq

Social Media Tips for Trademark Protection

Ways you can prevent cybers-quatting and trademark-hijacking. http://t.co/7udiFixq

At Will Employment: Does it Matter?

If you have (or are gonna have) employees, you need to check this out. You’ll need to have an employee handbook or some set of personnel policies, but what should be in them/it? http://t.co/7udiFixq

Beer Business

Contract Brewing Revisited

Contract brewing goes through cycles, but remains an important part of our industry. How do your brewery and Contract (or Partner) Brewing fit together? http://t.co/Yj7Nmkew

So You Want to Open the Next Great Craft Beer Bar?

If you’re looking at opening a bar (or even just your taproom at your brewery), Chris Black of the award-winning Falling Rock Tap House shares his thoughts on what it takes http://t.co/a1vYcyOh

Financial / Progress Report from Boston Beer Co.

Check out how well one of the big micros is doing. http://t.co/bYnPgkms

Global Beer Prices (per pint)

Just saw this today. I don’t know if I’d say it was determinative, but it does give you a good perspective on how beer prices work at the consumer, front-of-the-house, lay-your-money-down level. http://t.co/Eog3Tsx7

Just for fun (Humor/Trivia)

Weird History. Follow them on Twitter for your daily dose of the absurd that seemed TOTALLY spot-on at the time.

Why should a brewery start out as an LLC?

June 22, 2012 2 comments
Startup financing cycle

Startup financing cycle (Photo credit: Wikipedia)

So, I got this question late last week and advised a client appropriately, but perhaps it is worth a bit more discussion / generalization. Sorry this post turned out longer than most, but it is all important stuff. So here goes:

You may have seen my article earlier on LLC v Inc, and that is all generally valid. But there’s more to it than that (as you might expect).

As a start up brewery, if you’re looking to limit your liability (and you are) and you looking to raise capital (and you will be), you want to be some sort of business entity other than a General Partnership or a Sole Proprietorship. For the most part that points you to either an “LL” company or a traditional Corporation (Inc.). Unless you’re looking to structure the business as a partnership (which would be… unusual for a brewery), you’re focusing on an LLC or an Inc.

Why an LLC?

  1. Design: An LLC is *designed* to be owned by only a few people and that the interest (i.e. ownership) in the company doesn’t change much. Sounds like a start-up brewery so far. A traditional Inc. uses stock to define ownership and (just like IBM) you can buy/sell or trade stock to change ownership. But, as an owner of an LLC, you’re a Member of the LLC, and membership (so they say) has advantages. As a Member, it is hard for the company to get rid of you and you are guaranteed broad voting rights (for the most part) in the company. The law protects Members and Members’ liability is limited only to what they put into the company (you can’t lose more than you’ve already invested). Sounds pretty good.
  2. Income: Like an S-Corp, an LLC avoids the so-called “double-taxation” problem by letting the income pass through the LLC to you as a Member. That is, you only get taxed on what you get paid by the company, not what the company makes. Big difference. When you’re starting up a brewery, no one expects to make money very quickly, and if they do it’s all going back into the business, right? Well with an LLC, the company doesn’t pay income tax on that money. Sounds pretty good.
  3. Formalities: The threshold for conducting “business formalities” (such as owner meetings, reports, voting, etc) is pretty low AND you get to decide what and how you’ll do it. You define this structure (and the operating structure of the business) in the LLC’s Operating Agreement (works like the By-Laws in a traditional corporation). This agreement says who runs the company, who owns the company, who gets to decide what, and how the company will generally function. “Formalities” sounds like it’s no big deal, it is a big deal. Without adhering to the formalities, a court can decide that your “company” isn’t really a “Company” and that they’re going to ignore the limited liability part of the LLC. That is, you could lose the limitation on liability and that was one of the main reasons why you started a Company to begin with. Formalities, hmmm, generally a pain, but at least the LLC sounds like it makes it as little pain as possible. Sounds… well, it doesn’t sound *bad*.
  4. Employees: Because of the “income” bit above, an LLC is designed so that most of the income goes to the Members and the Members are active in the business. This TOTALLY sounds like a startup brewery. When there’s just a few of you opening a brewery, it’s more than likely that you’ll also be the only employees of the company – at least for a while. Having an LLC really simplifies the taxes, payroll deductions, reporting, and payroll process for getting paid if you’re a Member and not just an employee. Having non-owner employees is a major reason for going with an Inc instead of an LLC. Sounds like that fits too.
  5. Flexibility: This is probably the single biggest reason I advise people to go with an LLC. An LLC gives the Members a tremendous amount of latitude to define how they’ll run the business. You can designate Managers (that run the day-to-day business) as a distinct sub-set of the Members, so you can have folks that are purely investor/owners and not employee/owners. Also, like I said above, you get to write the Operating Agreements (and there aren’t a lot of requirements). You want to have an Official Meeting only every other year? Go for it. You want to only let people from Debuke, Iowa be members? It’s your prerogative. The important bit is that you have some governing document, the content or rules are (more or less) your call. Oh, and all it takes to change those rules? The Members write/adopt a new Operating Agreement – so the rules can change over time as you grow or change strategies. That part sounds really good if you’re a startup.

Ok, that’s the basics. I think these few reasons definately point a startup brewery toward an LLC as a first step (you can always change later). Think about it.

Keep in mind that the above is (1) VERY general and (2) does not constitute legal advice, just some thoughts. You should always consult an attorney licensed in your jurisdiction to make sure that you’re making the right decisions for your business. If you need help in NC, drop us a line at info@jslawcenter.com or check out our website at www.jslawcenter.com

Not Too Big, but Too Many?

June 15, 2012 3 comments
United States microbreweries, regional breweri...

United States microbreweries, regional breweries, and brew pubs per capita by state. Brewery data from the state locator at http://www.brewersassociation.org/pages/directories/find-us-brewery. Population data from Wikipedia. National totals: 54 regional craft breweries, 377 microbreweries, 975 brewpubs, for a total of 1406. Highest five per capita are Vermont (29.0 per million), Maine (24.3), Montana (24.0), Oregon (21.6), and Alaska (19.0). Data current as of February 28, 2008. (Photo credit: Wikipedia)

I’ve been thinking about the craft beer market lately.

I work with several craft breweries and folks who want to get into the craft beer and beverage industry and I’ve been reading a lot about new breweries opening, new beers out there, and what the latest and greatest “extreme” beer to come down the pike.

“Oh look, a beer that’s higher in alcohol than my favorite bourbon!” or “Wow! I’ve never had a beer dry-hopped with turnips!” (you get the idea).

Also I’ve been drinking since the mid 90’s and I remember the boom/bust of the 1990s brewpub.

And, I’ve read that now we have more breweries in the US than we did pre-prohibition. Which is great. But it makes me wonder… is it too much?

I love craft beer, and I”ll be the first one to order the new beer I’ve never heard of before. And I totally support local beer and local ingredients, etc. I’ve argued that you can’t be too big to be a craft brewery (it’s about the craft, not about the size of your fermenters, at least in my opinion).  But, it seems that everyone with a plastic bucket and a bag of grain is opening up a brewery. Is there enough room in the industry, in the marketplace, for all the players?

I go in the grocery store and its clear that there’s serious politics involved for shelf space in the beer aisle. If you don’t believe me, check out Beer Wars. As we add additional breweries, that’s only going to get more cut-throat.

Now, a key difference between now and the mid-90s is that in the mid-90s a lot of the beer was crap. I’m not pointing any fingers, but a stainless steel pot and a bag of hops, does not a brewer make. At least now, the beer is good. Not all of it is great, but nearly all of it is good.

Making good beer isn’t an option anymore. If you’re not making good beer, you don’t get out of the gate. But, on the other hand, making great beer isn’t a sure thing either. I’ve seen people with great beer not get off the ground because they’ve got other issues working against them (you know, like they’re a jerk or something). You’ve got to make great beer and have your marketing/business strategy straight to stay in the game. Is there a point where there are so many craft breweries that, as an industry, we’re all hurt?

NC is one of the fastest growing beer markets in the world right now, and I love it. But it makes me wonder if this growth curve is sustainable? Are we headed for another brewery shake out or market consolidation? I think the Beer Culture has changed in the last 20 years (good Lord, the mid-90s *WAS* almost 20 years ago!) Do you think that makes a difference?

Categories: Beer, Business Tags: , ,

Why the hell would you open a brewery?

May 30, 2012 5 comments

Quick note: This week’s entry is a guest post from Chris Creech at Fortnight Brewing in Raleigh/Durham. Chris and his team are a great group of people and blazing a path toward opening the newest brewery in the area. They’re focused on English inspired beers and are constantly out in the community working toward their goal of bettering the local beer culture.

Meet the team

(L to R) Mo Mercado, David Wilkinson, Stuart Arnold, and Chris Creech

Why the hell would you open a brewery?

-Chris Creech

I have heard that question, often phrased a little less bluntly, a lot over the past few months.  And to be honest, it was a while before I really sat down and thought about the actual answer to the question.

At first, I just said, “Well, I’ve been brewing beer for a while – I enjoy it and I think the beer is pretty good, and I’ve been given a great opportunity, so we’re going for it.”

While that is all true, it doesn’t really answer the core of the question.  Why are so many people quitting their good day jobs to open a small business to produce beer – a highly regulated product with razor-slim profit margins?

Passion.

The craft beer industry is an industry of passion.  There are so many great people involved in the production, distribution, selling and promotion of craft beer, and they all have one thing in common – passion.  It’s a passion for a unique product, a passion for the fellowship and community that beer promotes, and a passion for sharing their passion with others.

Sure, there are some super-stars in the beer industry, from Jim Koch (Boston Beer Company/Sam Adams) to Sam Calagione (Dogfish Head Brewery), but for the most part, you don’t brew beer for fame or fortune.  Most of us will spend long hours brewing beer, and then spend our nights and weekends selling and promoting our beer at bars, restaurants, festivals and events.  And what’s the pay-off?  It’s not often a huge paycheck, but it comes back to that passion.

Not only are the people involved with the supply-side of beer passionate about it – the beer consumers are also passionate, and it is their passion that drives us.

As the interest in craft beer grows, more and more folks are becoming craft and local beer enthusiasts.  And when you can hand someone a beer, or see them ordering your beer at a bar or restaurant, and see, hear and feel their reaction to your creation, it is a fantastic moment.  To then see these people become passionate about your product, becoming ambassadors for what you’re doing, gives you great pride and sense of accomplishment.  That is the pay-off, and that passion is why we are opening a brewery.

So, if you are as passionate as I am about craft and local beer, then I would encourage you all to continue to drink local, support your local breweries, and keep an eye out for some great new breweries coming to NC in the near future, including Fortnight Brewing Company.

Beer People Give Back

May 14, 2012 2 comments

OK, here’s a free bonus post!

It’s been a week+ since then, but I have to tell you about a recent event I attended. It’s really just an example of many events and something that I really LOVE about the Craft Beer Culture.

I attended Casks for a Cure at Rockfish Grill in Durham, NC on May 6. What a great event! Breweries donated casks of beer to the event and proceeds went to Pints for Prostates. Here’s the *really* cool thing about this particular event: all the breweries in attendance haven’t officially opened yet! These were all breweries in planning and all in NC. How great is that? The event featured Four Saints Brewing Company, Haw River Farmhouse Ales, Steel String Brewery, Fortnight Brewing, Deep River Brewing Company, and Sub Noir brewing Company. All the beer was really great with a couple true shining stars. The breweries also collaborated on a cask of Breakfast IPA that was available as well. If “breakfast IPA” doesn’t sound good… well two things: (1) you haven’t had enough to drink and (2) more for me! The event raised $9300 $2500 for Pints for Prostates. (*Thanks to Chris Creech for double checking my numbers!)

That event was terrific, but is just one of the many, MANY such events around the state and around the country that craft breweries are hosting on an almost daily basis.

Every craft beer person, especially brewers, that I talk to – without exception (so far) – really believes in giving back to the community, to the world sometimes. Whether its Sam AdamsBrewing The American Dream or Sweetwater Brewing helping out the Chattahoochee Riverkeepers, craft beer has an unwritten mission to make the world a better place and not just a better place for beer (that’s just a side benefit). It’s great to see an entire industry embracing the moral need to do good, have a good time, and make a difference.

Why don’t small breweries get a lawyer?

April 20, 2012 2 comments

I just responded to an email about breweries and lawyers. Trying to develop a niche practice in serving the craft beer industry is tough and I thought about why that is. I believe craft beer (whether brewing, distributing, or serving) people often don’t consult an attorney because either

  1. “I can handle all this stuff myself. If I ever need to trademark something, then I’ll get a lawyer.” OR
  2. “All lawyers do is make things more complicated and cost money. Why should I pay for them to get in my way.” OR
  3. “I think I need some help here, but I can’t afford one, so I guess I’ll go it alone anyway.”

I’ve been working with the NC Brewers Guild to try and educate brewers and the support industries (who are also largely small or Mom & Pop shops) about how attorneys can actually make things easier and protect you from future issues.

I also spend a good deal of time counseling people on the concept that an attorney – a good attorney – is one that will work with you on your business. Someone that’s interested in seeing your business grow and helping to manage your risks before they become problems. I can only speak for myself, but I want to help you make things less complicated. Make things easier now *and* in the future. I really feel that’s a critical role for a lawyer.

Thinking that you “can handle” all the aspects of your business by yourself is just silly. You may know more about your body than anyone else, but that doesn’t mean that you should perform your own gall bladder surgery. The same applies with brewing equipment, accounting, and legal issues. If you don’t have special training or expertise in the area, get some help.

Also, thinking that you can’t afford an attorney is also not right. If you’re concerned about that, talk about it with your attorney. More than likely, they’ll work with you to come up with a plan that fits your needs and budget. No one wants to see you or your company struggle because of a legal issue or not get help when you need it.

What have been your experiences with this? If you’re a brewer/brewery/bar why don’t you get a lawyer involved?

A little diversion…

April 6, 2012 1 comment

John

Ok. So I said I’d talk about starting a business in NC, but I’m going to insert this brief post in between. In short, I’m excited because of the recent announcements involving one of my favorite subjects: North Carolina Beer!

You may have seen the recent story in the News & Observer talking about the announcement by New Belgium Brewing Company that they’ll be building a new East Coast brewery in Asheville, NC. This follows on the heels of a similar announcement from Sierra Nevada. Asheville, already a great beer town, is quickly becoming a beer destination!

The North Carolina beer industry is growing by leaps and bounds. Last I heard, there were AT LEAST 10 new breweries “in the works” in NC (but don’t quote me on that statistic as I really can’t verify it at this time). But, thanks to our friends over at Real Beer,  we’ve got a some really neat statistics about the beer industry in general. For example, this post,

highlighting data published by the Brewers Association, indicates that – even in this time of recession – the craft beer industry experienced an overall increase in sales by 13%. That’s respectable growth in the best of times!

Side note: I also stumbled across this post looking at the number of dry counties in the US. Interesting! Looks like some states still have some progress to make. But, I digress…

Another great resource for information about NC beer is the North Carolina Brewers Guild. The North Carolina Brewers Guild does a great job of advocating for brewers and breweries.

I’m continuing to try and increase my practice focus on the brewing and distilling industries and I’m just very proud to be involved in the beer industry in NC, even if it is tangentially. Thanks for dealing with my little diversion here.s in the state and is a great place to look for the latest news in NC beer.

Support your local brewery and tune in next time for more actual, legal… stuff. In the meantime, have a great weekend and Happy Easter!

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