California Winery Industry Services

A Growth Industry

Our client base for our California Wine Industry practice is diverse, including wineries, vineyards, developers, real estate investment trusts, farmers, property managers, landlords and first time purchasers and sellers. We provide counsel for vineyard and winery acquisition, sale, operation, permitting and leasing. We also represent international importers, suppliers and exporters, domestic manufacturers, regional and local distributors and retailers (including multi-state restaurant, hotel, convenience store and other off-premise chains).

Alcohol Beverage Law

Our Alcohol Beverage Team serves the alcohol beverage and hospitality industries on all matters related to the production, distribution and sale of licensed beverages, including the marketing and advertising of alcohol beverages, taxation, intellectual property, regulatory compliance and, when necessary, dispute resolution.

In addition, we work closely with national and statewide industry trade groups and associations including Wine Institute, the California Association of Wine and Grape Growers, Wine America, the National Alcohol Beverage Control Association and the National Conference of State Liquor Administrators.

Real Estate Transactions

Transactions for acquiring, selling, developing, leasing or permitting wineries and vineyard land present a host of real estate and transactional issues. Holland & Knight’s Real Estate and Business sections provide you with significant experience in the negotiation, investigation and closing of deals and addressing particularized areas of concern involving due diligence, acquisition, sales, financing, farming, insurance and other complex real estate issues. Our team has been actively involved in the investigation, negotiation and acquisition of several hundred million dollars worth of vineyard and winery property and the leasing of thousands of acres of vineyard land.

Corporate Law

Holland & Knight’s Real Estate and Business sections have been involved with complex and various business dealings related to the industry including those related to corporate structuring, finance and contract negotiation, including the negotiation of and counsel concerning joint venture arrangements, farming contracts, management agreements, grape processing agreements and other vineyard and winery related business matters.

Environmental Law

Viticulture has always been a delicate business, reliant on the perfect balance of soil, air, water and weather. The complex web of regulations now governing the treatment of that soil, air and water only makes the endeavor more delicate – which is why the California winemakers we represent rely on our Environmental Team to provide the right counsel for their unique needs.

As part of Holland & Knight’s Land Use and Environmental Group, our wine industry clients are able to draw on broad environmental experience to assist you with all regulatory compliance requirements. Our knowledge of the wine industry's unique California business enhances our ability to provide informed counsel regarding land use, zoning and entitlement work, as well as matters involving air pollution, water (water quality and wetlands), endangered species and historic preservation issues.

We are intimately familiar with the many environmental issues surrounding California wineries and vineyards. Our talent crosses nearly every legal issue you might encounter, and our experience enables us to address your unique concerns. Below are some of the more prominent issues we manage for you.

Land Use Entitlements/CEQA

As winery operations expand to acquire additional property or build offices or other facilities, our team can help with due diligence and entitle the property, include steering clients efficiently and effectively through the zoning and California Environmental Quality Act (CEQA) processes.

Air Quality Management Issues

California wineries can expect skillful guidance from our Environmental Team concerning environmental law and compliance with federal, state and local air pollution control regulations. On behalf of our clients, we work with air districts and air boards throughout California (e.g. Bay Area Air Quality Management District, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District). Our team has successfully secured variances, addressed notices of violation, handled permit applications and negotiated dismissals of enforcement actions based on flawed air district rules and test methods.

Water Quality Control Restrictions and Opportunities

As environmental concerns over water quality generate continued regulation and scrutiny, wine makers in California can rely on our Environmental Team for the most up-to-date legal information, compliance strategies and defensive representation. On stormwater, our lawyers and professionals have spent years learning the intricacies of water law – and applying the knowledge gained from deep involvement in varied applications of that law, including legislation, regulatory matters, system operations/development, real estate, finance and litigation. In fact, many on our team have worked directly with national governmental agencies to develop landmark legislation and other air and waste initiatives, including the Clean Air Act and the Clean Water Act.

Wetlands

Our well-informed team will advise you on wetland and water issues as it relates to your business. Holland & Knight works closely with the U.S. Army Corps of Engineers Regional Water Quality Control Boards and California Department of Fish and Game to obtain federal and state permits, including those allowing discharge into wetlands and stream crossings.

Stormwater

Our team is well versed in the local and state regulatory activities that might impact your operations and will assist you with your California compliance requirements concerning wastewater and stormwater discharges.

Endangered Species

California and Hawaii lead the nation with the highest density of listed endangered species. Since so many regulatory efforts and proposals concerning critical habitats in wine country areas can impact winery lands and their management, our team has extensive experience advising the industry regarding compliance with federal and state endangered species issues. We work closely with the U.S. Fish and Wildlife Service and the California Department of Fish and Game to help you attain and maintain compliance.

Utilization of Historic Property Designations

The California wine industry is historic, and many properties are listed or are eligible for listing on the California and/or National Register for Historic Places, providing a new array of development and tax issues and opportunities. Working with businesses in the Napa Valley to restore and reuse historic properties, our team has helped wineries exercise these opportunities to their advantage while maximizing the benefits of historic preservation recognition.