WINE INDUSTRY PRACTICE GROUP
Kirk & Simas has been a fixture in the heart of the 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.
Kirk & Simas’s attorneys have provided counsel to industry stakeholders and operations across the region. Firm clients have included: 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 practices in 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 have handled include:
ALCOHOL BEVERAGE LICENSING AND COMPLIANCE
The Firm has provided services in connection with state and federal producer, wholesale and retail licensing, processor licensing, seller’s permits, and FDA licensing, regulatory compliance reviews and advice, tied house conflict resolution, e-commerce, social media, and advertising, and packaging, labeling and COLA issues.
CONTRACT DRAFTING, REVIEW, NEGOTIATION AND LITIGATION
The Firm regularly reviews and provides advice on the full range of industry related transaction documents including leases and land development agreements, growing contracts, bulk wine sale 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 and third party online service provider agreements.
GENERAL BUSINESS SERVICES
The Firm regularly provides business services and advice across the full range of agriculture related businesses and specifically in connection with producer, wholesaler, and retail entity type selection, formation, capitalization, financing and entity governance as well as purchases, sales, mergers, acquisitions, restructuring and buyouts.
REAL ESTATE TRANSACTIONS, DEVELOPMENT AND LAND USE PLANNING
The Firm’s team of real estate and business attorneys regularly provide the full range of real estate services and advice in connection with land and facility acquisition including deal negotiation, structuring and due diligence, real estate development, entitlements, and financing, and vineyard and facility leasing and licensing.
STRATEGIC BUSINESS SUCCESSION, ESTATE AND GIFT PLANNING
Like other agriculture related businesses, wine industry enterprises are often multigenerational. The Firm’s team of trusts and estates attorneys have decades of experience helping Central Coast families planning both exit strategies from their businesses and long term succession planning to the family’s next generation or trusted, next generation managers.