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Active as of Fall Semester 2018
I. General Information
1. Course Title:
Legal Aspects of Vineyard and Winery Operations
2. Course Prefix & Number:
VITI 1202
3. Course Credits and Contact Hours:
Credits: 3
Lecture Hours: 3
4. Course Description:
This course will introduce students to the general concepts and issues relating to the creation and operation of a winery. The course will explain general legal concepts, outline business formation and operation concepts, discuss governmental agencies and regulation, and describe legal issues and areas specifically related to the operation of a winery.
5. Placement Tests Required:
Accuplacer (specify test): |
No placement tests required |
Score: |
|
6. Prerequisite Courses:
VITI 1202 - Legal Aspects of Vineyard and Winery Operations
There are no prerequisites for this course.
9. Co-requisite Courses:
VITI 1202 - Legal Aspects of Vineyard and Winery Operations
There are no corequisites for this course.
II. Transfer and Articulation
1. Course Equivalency - similar course from other regional institutions:
Missouri State, VIN 130
Highland C.C., VIN 130
2. Transfer - regional institutions with which this course has a written articulation agreement:
The Viticulture and Enology Science and Technology Alliance (VESTA); Missouri State - West Plains; 2003
3. Prior Learning - the following prior learning methods are acceptable for this course:
- Military Experience
- CLEP
- Written
- Oral
- Demonstration
- Portfolio
III. Course Purpose
Program-Applicable Courses – This course fulfills a requirement for the following program(s):
Wine Business and Entrepreneurship, Certificate
Wine Business and Entrepreneurship, AAS
IV. Learning Outcomes
1. College-Wide Outcomes
College-Wide Outcomes/Competencies |
Students will be able to: |
Assess alternative solutions to a problem |
Demonstrate specific knowledge of product protection and intellectual property issues that may affect the production and distribution of wine. |
Apply abstract ideas to concrete situations |
Demonstrate specific knowledge of business formation and employee relations. |
Apply ethical principles in decision-making |
Demonstrate general knowledge of basic legal concepts affecting the operation of a winery and distribution of wine. |
2. Course Specific Outcomes - Students will be able to achieve the following measurable goals upon completion of
the course:
- Demonstrate general knowledge of basic legal concepts affecting the operation of a winery and distribution of wine;
- Demonstrate general knowledge and understanding of the elements of contracts in general and the types of and provisions in contracts related to winery operation;
- Demonstrate specific knowledge of business formation and employee relations;
- Demonstrate specific knowledge of federal, state, and local agencies and organizations that affect winery operations;
- Demonstrate specific knowledge liability and site management issues that affect the operation of a winery;
- Demonstrate specific knowledge of the issues affecting the shipping and placement of wine by wineries for local, state, national, and international distribution;
- Demonstrate specific knowledge of labeling and marketing issues affecting wineries and the distribution of wine;
- Demonstrate specific knowledge of product protection and intellectual property issues that may affect the production and distribution of wine; and
- Demonstrate an understanding of the tax issues, entities, and requirements involved in the operation of a winery and the production of wine.
V. Topical Outline
Listed below are major areas of content typically covered in this course.
1. Lecture Sessions
- Basic Legal Concepts
- Sources of law, including case law, statutes, administrative law, and constitutional law
- Federalism
- Jurisdiction and how various governmental and regulatory agencies can affect winery and vineyard operations
- Liability
- Insurance concepts and issues that affect vineyards and wineries
- Corporate structure
- Real estate acquisitions, ownership, use, and construction
- Differences in real estate ownership and titles
- Easements and access
- Restrictions on use of land and buildings (e.g vineyard signage. zoning, permits)
- Related rights to ownership and use (e.g. mineral rights and leases)
- Water rights
- Waste management
- Issues related to construction in and for the vineyard (e.g. irrigation systems, tiling systems)
- Issues related to construction in and for the winery
- Issues related to special events use of vineyards and wineries
- Succession planning for ownership and operation of vineyards and wineries
- Tax aspects of real estate ownership
- Contracts
- Essential elements of all contract
- Common types of contracts encountered in the operation of winery and vineyard
- Common provisions in contracts encountered in the operation of a winery and vineyard (e.g. financing, delivery, storage)
- Grower contracts
- Bulk purchase contracts
- Winery services (e.g. shipping, bottling) contracts
- Vineyard services (e.g. spraying, pruning, harvesting)
- Distribution contracts
- Supply contracts
- Consulting contracts
- Entertainment and special events contracts
- Enforcement options for breach of contract
- Potential effects of operating without contracts in place for various operational aspects of the vineyard and winer
- Business Formation
- Characteristics of sole proprietorships
- Characteristics of general and limited partnerships
- Characteristics of limited liability partnerships
- Characteristics of corporations
- Characteristics of limited liability companies
- Characteristics of cooperatives
- Alternative business models, including “DBA” and other forms of operation
- Business entity effect on operations and licensing
- Tax issues related to the business entity utilized
- Employee Relations
- Traditional employer/employee relationship
- Preferred general and provisions of the employee contract
- Alternatives to the traditional employer/employee relationship, including the following: independent contractors, internships, volunteers, business invitees, migrant workers, family members, and seasonal assistance
- Liability issues related to the employment relationship and alternatives to the employer/ employee relationship
- Employer and Employee benefits and obligations related to the employee relationship and alternatives to the employer/employee relationship
- Issues related to incidental sales of other items at the vineyard or winery (e.g. gift shop merchandise)
- Tax issues related to the employment relationship
- Federal, state, and local agencies and governing bodies that regulate and assist winery and vineyard operations
- Federal agencies and organizations
- State agencies and organizations
- Local agencies and organizations
- Local and municipal boards and commissions
- Relationship by and between agencies and organizations that regulate wineries and vineyards
- Issues and updates on the relationship by and between agencies and organizations and wineries and vineyards.
- Interpret and apply liability and site management issues that affect the operation of a winery and vineyard
- Premises liability
- Americans With Disabilities Act;
- Dram shop and server liability
- Training and loss prevention issues related to premises and operations liability
- Insurance issues related to premises and operations liability
- Environmental issues related to winery operations (e.g. hazardous materials, fire, waste water, water resources)
- Environmental issues related to vineyard operations (e.g. pesticides, drift, fire)
- Impact of federal and state OSHA requirements on winery and vineyard operation
- Employment practices related to worker training and record keeping for operation of the vineyard or winery (e.g. licensing certifications, applications)
- Employment practices related to customer relations (e.g. sexual harassment)
- Labeling and marketing of wine and grapes
- Alcohol and Tobacco Tax and Trade Bureau (TTB) role in labeling
- Relevant provisions of the Beverage and Alcohol Manual
- General requirements and restrictions on labels for wine
- Compliance issues related to labels and packaging of wine
- Prohibited practices related to labeling and packaging of wine
- Prohibited practices related to marketing of wine (e.g. Tied House rules)
- How state laws interact with the TTB regulations regarding labels and packaging
- COLA and labeling
- Record keeping requirements imposed by TTB and state agencies;
- Labeling restrictions
- Effect of social media use on marketing of wine
- Apply the above information in a creation of a simulated wine label
- Vineyard management practices that affect labeling (e.g. organic, sustainable, biodynamic)
- Shipping and distribution of wine
- Reciprocity and distribution requirements
- Pre-Granholm distribution and sales environment for wineries and distribution
- Analysis of Granholm v. Heald and the legal effect of the decision on wineries and distribution
- Post-Granholm litigation and issues related to the regulation of distribution
- Three tier system
- State reactions to Granholm and its prodigy
- Current state and federal law issues relating to distribution, including state alternatives and requirements regarding distribution
- Types and nature of licenses that may be required to distribute and market wine
- Types and nature of licenses that may be required to operate a tasting room
- Differences that may apply to face to face and online sales
- Current issues related to the international sale and distribution of wine
- Tax issues related to the distribution of wine.
- Intellectual property areas that may affect the production and distribution of grapes and wine
- General characteristics of a copyright, patent, trademark, and protection of work product; use of recorded music and live bands (ASCAP, BMI)
- Copyright issues related to labels and production of wine
- Patent issues related to production of grapes and wine
- Ownership issues related to intellectual property
- Counterfeiting and illegal acts related to intellectual property for wine and wineries
I. General Information
1. Course Title:
Legal Aspects of Vineyard and Winery Operations
2. Course Prefix & Number:
VITI 1202
3. Course Credits and Contact Hours:
Credits: 3
Lecture Hours: 3
4. Course Description:
This course will introduce students to the general concepts and issues relating to the creation and operation of a winery. The course will explain general legal concepts, outline business formation and operation concepts, discuss governmental agencies and regulation, and describe legal issues and areas specifically related to the operation of a winery.
5. Placement Tests Required:
Accuplacer (specify test): |
No placement tests required |
Score: |
|
6. Prerequisite Courses:
VITI 1202 - Legal Aspects of Vineyard and Winery Operations
There are no prerequisites for this course.
9. Co-requisite Courses:
VITI 1202 - Legal Aspects of Vineyard and Winery Operations
There are no corequisites for this course.
II. Transfer and Articulation
1. Course Equivalency - similar course from other regional institutions:
Missouri State, VIN 130
Highland C.C., VIN 130
2. Transfer - regional institutions with which this course has a written articulation agreement:
The Viticulture and Enology Science and Technology Alliance (VESTA); Missouri State - West Plains; 2003
3. Prior Learning - the following prior learning methods are acceptable for this course:
- Military Experience
- CLEP
- Written
- Oral
- Demonstration
- Portfolio
III. Course Purpose
1. Program-Applicable Courses – This course fulfills a requirement for the following program(s):
Wine Business and Entrepreneurship, Certificate
Wine Business and Entrepreneurship, AAS
IV. Learning Outcomes
1. College-Wide Outcomes
College-Wide Outcomes/Competencies |
Students will be able to: |
Apply abstract ideas to concrete situations |
Demonstrate specific knowledge of business formation and employee relations. |
Apply ethical principles in decision-making |
Demonstrate general knowledge of basic legal concepts affecting the operation of a winery and distribution of wine. |
2. Course Specific Outcomes - Students will be able to achieve the following measurable goals upon completion of
the course:
- Demonstrate general knowledge of basic legal concepts affecting the operation of a winery and distribution of wine;
- Demonstrate general knowledge and understanding of the elements of contracts in general and the types of and provisions in contracts related to winery operation;
- Demonstrate specific knowledge of business formation and employee relations;
- Demonstrate specific knowledge of federal, state, and local agencies and organizations that affect winery operations;
- Demonstrate specific knowledge liability and site management issues that affect the operation of a winery;
- Demonstrate specific knowledge of the issues affecting the shipping and placement of wine by wineries for local, state, national, and international distribution;
- Demonstrate specific knowledge of labeling and marketing issues affecting wineries and the distribution of wine;
- Demonstrate specific knowledge of product protection and intellectual property issues that may affect the production and distribution of wine; and
- Demonstrate an understanding of the tax issues, entities, and requirements involved in the operation of a winery and the production of wine.
V. Topical Outline
Listed below are major areas of content typically covered in this course.
1. Lecture Sessions
- Basic Legal Concepts
- Sources of law, including case law, statutes, administrative law, and constitutional law
- Federalism
- Jurisdiction and how various governmental and regulatory agencies can affect winery and vineyard operations
- Liability
- Insurance concepts and issues that affect vineyards and wineries
- Corporate structure
- Real estate acquisitions, ownership, use, and construction
- Differences in real estate ownership and titles
- Easements and access
- Restrictions on use of land and buildings (e.g vineyard signage. zoning, permits)
- Related rights to ownership and use (e.g. mineral rights and leases)
- Water rights
- Waste management
- Issues related to construction in and for the vineyard (e.g. irrigation systems, tiling systems)
- Issues related to construction in and for the winery
- Issues related to special events use of vineyards and wineries
- Succession planning for ownership and operation of vineyards and wineries
- Tax aspects of real estate ownership
- Contracts
- Essential elements of all contract
- Common types of contracts encountered in the operation of winery and vineyard
- Common provisions in contracts encountered in the operation of a winery and vineyard (e.g. financing, delivery, storage)
- Grower contracts
- Bulk purchase contracts
- Winery services (e.g. shipping, bottling) contracts
- Vineyard services (e.g. spraying, pruning, harvesting)
- Distribution contracts
- Supply contracts
- Consulting contracts
- Entertainment and special events contracts
- Enforcement options for breach of contract
- Potential effects of operating without contracts in place for various operational aspects of the vineyard and winer
- Business Formation
- Characteristics of sole proprietorships
- Characteristics of general and limited partnerships
- Characteristics of limited liability partnerships
- Characteristics of corporations
- Characteristics of limited liability companies
- Characteristics of cooperatives
- Alternative business models, including “DBA” and other forms of operation
- Business entity effect on operations and licensing
- Tax issues related to the business entity utilized
- Employee Relations
- Traditional employer/employee relationship
- Preferred general and provisions of the employee contract
- Alternatives to the traditional employer/employee relationship, including the following: independent contractors, internships, volunteers, business invitees, migrant workers, family members, and seasonal assistance
- Liability issues related to the employment relationship and alternatives to the employer/ employee relationship
- Employer and Employee benefits and obligations related to the employee relationship and alternatives to the employer/employee relationship
- Issues related to incidental sales of other items at the vineyard or winery (e.g. gift shop merchandise)
- Tax issues related to the employment relationship
- Federal, state, and local agencies and governing bodies that regulate and assist winery and vineyard operations
- Federal agencies and organizations
- State agencies and organizations
- Local agencies and organizations
- Local and municipal boards and commissions
- Relationship by and between agencies and organizations that regulate wineries and vineyards
- Issues and updates on the relationship by and between agencies and organizations and wineries and vineyards.
- Interpret and apply liability and site management issues that affect the operation of a winery and vineyard
- Premises liability
- Americans With Disabilities Act;
- Dram shop and server liability
- Training and loss prevention issues related to premises and operations liability
- Insurance issues related to premises and operations liability
- Environmental issues related to winery operations (e.g. hazardous materials, fire, waste water, water resources)
- Environmental issues related to vineyard operations (e.g. pesticides, drift, fire)
- Impact of federal and state OSHA requirements on winery and vineyard operation
- Employment practices related to worker training and record keeping for operation of the vineyard or winery (e.g. licensing certifications, applications)
- Employment practices related to customer relations (e.g. sexual harassment)
- Labeling and marketing of wine and grapes
- Alcohol and Tobacco Tax and Trade Bureau (TTB) role in labeling
- Relevant provisions of the Beverage and Alcohol Manual
- General requirements and restrictions on labels for wine
- Compliance issues related to labels and packaging of wine
- Prohibited practices related to labeling and packaging of wine
- Prohibited practices related to marketing of wine (e.g. Tied House rules)
- How state laws interact with the TTB regulations regarding labels and packaging
- COLA and labeling
- Record keeping requirements imposed by TTB and state agencies;
- Labeling restrictions
- Effect of social media use on marketing of wine
- Apply the above information in a creation of a simulated wine label
- Vineyard management practices that affect labeling (e.g. organic, sustainable, biodynamic)
- Shipping and distribution of wine
- Reciprocity and distribution requirements
- Pre-Granholm distribution and sales environment for wineries and distribution
- Analysis of Granholm v. Heald and the legal effect of the decision on wineries and distribution
- Post-Granholm litigation and issues related to the regulation of distribution
- Three tier system
- State reactions to Granholm and its prodigy
- Current state and federal law issues relating to distribution, including state alternatives and requirements regarding distribution
- Types and nature of licenses that may be required to distribute and market wine
- Types and nature of licenses that may be required to operate a tasting room
- Differences that may apply to face to face and online sales
- Current issues related to the international sale and distribution of wine
- Tax issues related to the distribution of wine.
- Intellectual property areas that may affect the production and distribution of grapes and wine
- General characteristics of a copyright, patent, trademark, and protection of work product; use of recorded music and live bands (ASCAP, BMI)
- Copyright issues related to labels and production of wine
- Patent issues related to production of grapes and wine
- Ownership issues related to intellectual property
- Counterfeiting and illegal acts related to intellectual property for wine and wineries