Wine Industry Practice Group

Kirk & Simas has been a fixture in the heart of Calfornia’s scenic and historic Central Coast winegrowing region for over six decades, participating in the area’s evolution into a large and diverse viticultural region, now supporting nearly 400 wineries, 100,000 acres of vines, and hundreds of wine-related businesses.

Today, Kirk & Simas’s attorneys provide counsel to industry stakeholders and operations throughout California, including the counties of Santa Barbara, San Luis Obispo, Monterey, Napa, Sonoma, Fresno, Tulare, Los Angeles, and San Diego. Firm clients include: wineries, vineyards, private equity holding companies, opportunity funds, distributors, brokers, custom crush facilities, fulfillment centers, vineyard managers, labor contractors, winemakers, sommeliers, industry associations, online retailers, brick and mortar bottles shops, and wine bars.

The Wine Industry Practice Group employs a multi-disciplinary approach that integrates the firm’s highly regarded practices in alcohol beverage regulation, real estate transactions, land use, business enterprise formation and operations, and tax and wealth preservation to provide wine industry clients with specialized full-service legal counsel. Industry-specific issues Firm attorneys handle include:

Alcohol beverage licensing and compliance

Federal/State producer, wholesale and retail licensing

Processor licensing, seller’s permit, and FDA licensing

Regulatory compliance advice

Tied house conflict resolution

E-commerce, social media, and advertising

Packaging, labeling and COLA’s

Contract drafting, review, negotiation and litigation

Grape contracts, leases and development agreements

Bulk wine sales agreements

Marketing, broker and distribution agreements

Proprietary and private label agreements

Custom crush, alternating proprietorship and a-la-carte service agreements

Shipping and fulfillment contracts

Storage and warehousing contracts

Vineyard management contracts

Wine club agreements

Licensing contracts

Third party online service provider agreements

Business Transactions

Producer, wholesale, and retail entity selection, formation and capitalization

Winery/general business purchase, sale, mergers, acquisitions, restructuring and buyouts

Real property transactions

Raw land, vineyard, and facility acquisition and due diligence

Land development, entitlements, and financing

Vineyard and facility leasing and licensing

Winery and Vineyard Land use

Code and Winery Orinance compliance

Winery/Vineyard development, use permits and entitlements

Lot line adjustments

Strategic business succession, estate, and gift planning

Family vineyard and winery succession planning

Estate and gift tax planning

Exit strategy development

Collections and Creditor's Rights

Producer, ag, crop and warehouseman liens

Secured and unsecured creditors