October 26-29, 2014 Meetings are brighter in the …...2014 Northern/Southern Regional Conference...

2014 Northern/Southern Regional Conference Innisbrook Golf & Spa Resort

Palm Harbor, Florida

October 26-29, 2014

Meetings are brighter in the State!

Presenters

Keynote Speaker

In March of 2011, Governor Rick Scott named KEN LAWSON as the Department of Business and Professional Regulation (DBPR) Secretary. As a native Floridian with deep roots in Florida, Lawson got to work immediately to do his part in improving the state he is so passionate about. In his role as Secretary, several improvements have been made at DBPR, which positively impact the more than one million businesses and professionals licensed and regulated by the agency.

Through his leadership, the agency and its employees adopted processing and business practices that are in line with being partners with licensees. Lawson believes the focus of the agency should be on compliance with the law and that regulations must make sense. In order for this to happen, the agency must interact directly with its customers so that it can continually improve processes making it

so the regulators are not getting in the way of business.

At DBPR, Secretary Lawson has overseen a number of successful initiatives to make it easier for qualified individuals and businesses to get to work in the state. Some of his accomplishments include reducing the processing time for customer requests from more than a month to an average of three days or less; implementing the “Apply Now!” process, which is an initiative where more applications became available online and less burdensome to complete; reducing fees for members of the military, their spouses and veterans through the Florida GI Bill; adding the ability for consumers to report unlicensed activity through the DBPR Mobile app; and improving the inspection process for Florida’s more than 48,000 licensed public food service establishments.

Prior to his role as Secretary, Lawson served several years in both public and private sector regulatory positions. He most recently served as Vice President for Compliance at nFinanSe Inc., a financial services company in Tampa, where he was responsible for the company's Bank Secrecy Act/Anti-Money Laundering program and its compliance with state money transmitter licensing regulations for 42 states. Prior to that, Lawson spent two years consulting for Booz Allen Hamilton, including one year as Chief of Party for the Financial Crimes Prevention Project in Jakarta, Indonesia.

Prior to entering the private sector, Lawson was appointed the Assistant Chief Counsel for Field Operations with the Department of Homeland Security's Transportation Security Administration and served in the U.S. Attorney's Office for the Middle District of Florida where he defended the United States against civil claims. Additionally, Lawson served as Assistant U.S. Attorney and was appointed as the Assistant Secretary of Enforcement for the U.S. Department of the Treasury. In this capacity, he was responsible for the oversight of several federal law enforcement agencies, including the U.S. Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Federal Law Enforcement Training Center.

Lawson began his legal career in the United States Marine Corps, Judge Advocate General's Division after he graduated from the Florida State University College of Law.

Lawson considers himself a servant leader and fully recognizes the duty he has to all Floridians as an appointee of the Governor. Each day he strives to make it so Florida is much better off because of the legacy he is leaving behind.

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Presenters

Moderators

RICHARD M. BLAU is a shareholder with the law firm of GrayRobinson, P.A.. He is chairman of the law firm's Alcohol Beverage & Food Law Department, and heads up the firm’s Alcohol Beverage Team focusing on the rules and regulations that govern the marketing, sale and consumption of distilled spirits, wine, beer, and other licensed beverages. Before joining GrayRobinson, Richard was a partner at Holland & Knight, LLP, where he created that firm’s original Alcohol Beverage Law practice. Richard is “Band 1” rated for Alcohol Beverage Law by Chambers USA. He also is listed in Best Lawyers in America, and is “AV” rated by Martindale-Hubbell. A substantial portion of Richard’s professional efforts are focused on trade regulations, litigation and dispute

resolution involving the hospitality industry. He has industry-specific experience in the areas of administrative practice and regulatory compliance, advertising and promotional law, importation matters and supplier/distribution relations. An elected member of The American Law Institute, Richard also is a member of The Florida Bar, The New York Bar, The Bar Association of the District of Columbia, the American Bar Association and the Federal Bar Association. Additionally, Mr. Blau served for over eight years as the Chair of the American Bar Association’s Committee on Beverage Alcohol Practice. Mr. Blau lectures on Twenty First Amendment issues at meetings of the National Conference of State Liquor Administrators (NCSLA), the National Alcohol Beverage Control Association (NABCA) and the National Liquor Law Enforcement Association (NLLEA). He also writes extensively on alcohol-related legal matters, and is the editor of the annual Judicial Survey of Federal and State Court Decisions Construing the Twenty-first Amendment and the Laws That Govern the Alcohol Industry. From 1998 through 2006, Mr. Blau authored the chapter on “Beverage Alcohol Practice” for the annual volume of the longstanding treatise Developments in Administrative Law and Regulatory Practice published by the American Bar Association. Mr. Blau received his B.A. from Brandeis University and his J.D. from the Georgetown University Law Center, where he served as the Associate Editor for Topics of the Georgetown Law Journal.

A. KEITH BURT has been involved in Oklahoma state government for over 35 years. He has been an Auditor for the Oklahoma Department of Human Services, the Oil and Gas Division of the Oklahoma Tax Commission, and the Department of Mental Health and Substance Abuse Services, where he was the lead Financial Auditor, auditing Mental Health Centers. He joined the Oklahoma Alcoholic Beverage Control (ABC) Board in 1980. In 1985, Oklahoma approved a constitutional change to allow liquor-by-the-drink on a county option basis and renamed ABC the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission. During the 1990’s, the Commission added Prevention of Youth Access to Tobacco and Charity Games Enforcement. After serving as Director

for both divisions, Keith became Executive Director in 2002 and remains in that position today. Now serving under his seventh Governor, Keith has been appointed to the Governor’s Task Force on Underage Drinking, the Tobacco Use Cessation Advisory Committee, and the Governor’s Impaired Driving Prevention Advisory Council. Director Burt was awarded the Second Annual Leadership in Alcohol Regulation Award, presented by the Center for Alcohol Policy, recognizing his many years of work in the alcohol industry promoting public safety. Keith has a Bachelor’s Degree from the University of Central Oklahoma with an emphasis in accounting.

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THOMAS CONNORS is the Chief of Law Enforcement for the Florida Division of Alcoholic Beverages and Tobacco. Chief Connors has served the Division of AB&T in various capacities since being hired in June of 2008. He has held the positions of Law Enforcement Investigator II, Acting Captain, Law Enforcement Major, and Assistant Chief of Law Enforcement. Prior to serving with AB&T, Chief Connors served as a member of the New York City Police Department. During his tenure of 20 plus years with the NYPD, he served in different supervisory positions within the Patrol Bureau, Internal Affairs Bureau, and Detective Bureau. Throughout his NYPD career he was recipient of 39

Departmental Commendations, recipient of the distinguished graduate scholarship award, and received numerous community service awards. He was also a first responder to the World Trade Center on 9/11. Chief Connors is a graduate of the FBI National Academy, Session 218, holds a Master’s Degree from John Jay College in Protection Management, and a Bachelor’s Degree from St. Joseph’s College in Organizational Management. He has also served as a full-time faculty member at Briarcliffe College located in Bethpage, New York. While teaching he has provided instruction on various Criminal Justice related topics. He is an active member of numerous law enforcement fraternal organizations, and a devoted father and husband.

SHERRY COOK joined TABC in 2006 as the Information Technology Director and Information Resources Manager. In 2008, Cook was promoted to Assistant Administrator for Regulatory and Business Operations. Cook was named Interim Administrator on June 1, 2012, and appointed Executive Director on June 28, 2012. As the Executive Director, she oversees an agency with over 600 employees, a biennial budget of approximately $84 million and almost $200 million in annual revenue collections. Cook has earned associate degrees from Austin Community College in Information Technology and from Alvin Community College in Criminal Justice and Corrections. She received her Bachelors

of Applied Arts and Science from Texas State University and a Master's of Science in Interdisciplinary Studies also from Texas State University in 2008, where she has received several awards including Outstanding Graduate and Research Student and was selected as the commencement speaker for her graduating discipline. She is a Commissioned Peace Officer, Certified Public Manager, and a member of various professional and civic organizations. She is married to Maurice Cook, Ret. Chief of the Texas Rangers.

STEVE GROSS is Vice President of State Relations at Wine Institute, where he has been employed since 1986. Steve’s duties entail overseeing the activities of Wine Institute’s six State Relations Regional Councils and Regional Managers as they address state legislation affecting the wine industry, as well as coordinating Wine Institute’s legislative and regulatory activities with staff, contract lobbyists, and member wineries. Steve regularly participates in many national programs dealing with issues facing the wine industry, both on the legislative and regulatory levels. Steve serves on the Board of Directors of both Sustainable Conservation and the California Council for Environmental and Economic Balance (CCEEB). He also serves on the Sonoma State University Wine

Business Institute’s Executive Board. A native of Nebraska, Steve brought to Wine Institute knowledge garnered during his ten years of employment in the on-sale food and beverage industry, as well as extensive experience in political campaigns and legislative activism.

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JAKE HEGEMAN is Vice President of Legal and Regulatory Affairs for the Wine & Spirits Wholesalers of America (WSWA). In this role, Jake works with state and federal officials on regulatory issues impacting the wholesale tier. Jake is also WSWA’s primary point of contact for beverage alcohol litigation issues. Prior to joining WSWA, Jake worked at Stateside Associates, a Virginia based state government affairs firm where he served as Vice President. In this role, Jake managed the company’s regulatory division and worked on advocacy efforts with a wide variety of state regulatory agencies. Prior to joining Stateside, Jake served as National State Liaison at the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). As a liaison,

Jake worked alongside agency leadership and state agriculture officials to improve regulatory processes and enhance communication and coordination across a range of animal and plant health issues. A native of upstate New York, Jake earned his Bachelor of Science degree from Cornell University and his Juris Doctor from Tulane Law School, both with honors. Jake is a member of the New York State Bar and resides in Washington, D.C.

ROBERT F. LEWIS with Akerman LLC focuses his practice on the laws governing alcohol industry members at all three tiers as well as tobacco, and other regulated products. Rob has accumulated over 20 years of experience in the alcohol industry including previously serving in law enforcement and as an agent with the State of Florida Division of Alcoholic Beverages and Tobacco. His practice includes diverse and multi-discipline areas of legal needs common to hospitality, alcohol, and tobacco industry clients. Rob's experience includes working with domestic, national, and international alcohol industry clients in a wide variety of issues including alcohol licensing and structuring of alcohol service operations, alcohol trade practice analysis and consulting, complete business permitting at

the federal, state, and local levels, defending regulatory enforcement actions as well as state and federal investigations of alcohol industry members, administrative litigation, land use and zoning analysis and approval processes, state and local government lobbying efforts relating to alcohol beverage regulations, commercial leasing for alcohol industry tenants, drafting municipal code ordinances and amendments relating to alcohol beverage uses, and assisting with redistricting and development of entertainment overlay districts. A former employee of the Federal Bureau of Investigation and special agent with the State of Florida Division of Alcoholic Beverages and Tobacco, Rob has experience with the processes and methods by which government regulators investigate and apprehend alcohol and tobacco law violators. Rob has also served as an expert witness on matters relating to alcohol beverage law and administrative code provisions. Rob's experience also includes assisting clients with business permitting and transfers of business licenses as a result of new business ventures, expansion, and national mergers and acquisitions between hospitality and alcohol industry clients, including obtaining business tax receipts, building permitting, certificates of use and occupancy, and other related operational permits. Rob's clients include domestic and foreign alcohol and tobacco suppliers, importers, wholesalers, real estate developers, and a broad range of alcohol retailers throughout the country, including large box retailers, national pharmacies, nightclubs, private clubs, national retail chains, bars, national hotel chains, restaurateurs, sports arenas, including MLB and NBA sport franchises, national movie theater companies, entertainment complexes and establishments, and other members of the hospitality and alcohol industry.

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JO MOAK is Senior Vice President and General Counsel for WSWA. She manages internal corporate legal matters and advises on regulatory issues facing wholesalers at both the state and federal levels. Prior to joining WSWA, Jo was an associate with Hogan & Hartson LLP and Darby & Darby P.C., where she had experience litigating various intellectual property disputes in federal court, including cases regarding trademark, patent, and copyright infringement; unfair competition; and defamation. Additionally, she had experience in various transactional matters, including drafting and negotiating contracts for the commercialization of intellectual property and technology.

She also counseled clients on brand protection and clearance issues, and helped clients enforce intellectual property rights. Prior to her law career, Jo worked abroad in Europe and Asia. Jo received her law degree in 2001 from the Washington College of Law at American University in Washington, D.C. and her undergraduate degree in English in 1992 from the University of Virginia in Charlottesville, Virginia.

CAROLINE O’CONNELL is a partner at Lawson & Weitzen. Her practice focuses on corporate law, including mergers and acquisitions, corporate governance matters, and professional licensure compliance for members of the design industry, and alcoholic beverage law with a focus on regulatory compliance, negotiations and drafting distribution agreements, and brand acquisitions. She was admitted to the Bar of the State of Massachusetts in 1998 and New York in 2000. A 1995 graduate of the University of Pennsylvania, she received her Juris Doctor degree in 1998 from Boston University.

WILLIAM N. SPICOLA serves as Director of the Division of Alcoholic Beverages and Tobacco at the Florida Department of Business and Professional Regulation. Appointed in May 2014, Director Spicola leads a team of more than 330 personnel statewide in managing the licensure, auditing, and enforcement of Florida’s alcoholic beverage and tobacco laws among more than 72,000 licences operating in the state. Previously, Director Spicola served as the Chief Attorney for the Division of Pari-Mutual Wagering at the Department and as a Senior Attorney for Florida's Office of Insurance Regulation. He also served as an Assistant State Attorney with the 2nd Judicial Circuit of Florida. A

native of Tampa, Florida, Director Spicola is an alumnus of the University of Florida, where he earned a Juris Doctor and Bachelor of Science in both Economics and Political Science. He has been married for four years to his wife Ashley, and recently welcomed his newborn son, Seth.

JERRY W. WATERS is the executive director, Office of Regulatory Affairs and was appointed by the Pennsylvania Liquor Control Board in May 2008. As the director he has oversight and responsibility for the daily operations of three bureaus, Alcohol Education, Licensing and Consumer Relations. Waters has a vast enforcement and regulatory background. He began his career with the Liquor Control Board in Philadelphia, after graduating from the Enforcement Officer Academy. Throughout the course of his career, Waters has served the board as an investigation regional manager, chief of the Investigation Division, assistant director, and director of the Bureau of Licensing. In addition, he serves as a member of the Pennsylvania Liquor Control Board’s executive

team. He has participated in many national, state and local regulatory panels and roundtable discussions. In addition, he is a member of the Regulatory Committee for the National Alcohol Beverage Control

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Association (NABCA), National Conference of State Liquor Administrators (NCSLA), serving as the 1st Vice-President and a member of their executive board and, a past board member of the Responsibility Hospitality Institute. In his community he serves as a board member on the Central Dauphin School District PANRAM Foundation and, as a trustee advisory role for Pennsylvania’s Mr. Football Association. Additionally, he is a past president of the Milton Hershey School Alumni Association, Hershey, Pennsylvania. Waters also served as head wrestling coach for Central Dauphin East High School, Harrisburg, Pennsylvania for ten years and the head Greco Roman coach for Team Pennsylvania for seven years. He successfully produced champions in the sport at the high school and junior national levels and helped to transition the majority of his athletes to the college level.

Panelists

JIM ANDREWS is Sales Manager for Iron Data Solutions, Inc. His responsibilities include sales and marketing of Iron Data products throughout North America, with a key focus on members of NCSLA. Jim has worked in solution sales to state and local government for over 3 decades, beginning with NCR Corporation of Dayton, Ohio and helping to start ACO Information Services, which was acquired by Iron Data in 2011. Jim has extensive experience in meeting the needs of these regulators and has successfully placed solutions with multiple agencies in twenty states. Jim is a graduate of Auburn University with a BS Degree in Business Administration. Currently, Jim resides in Mobile, AL, with his wife, Sylvia, of 32 years plus. They have three beautiful daughters:

Blakeley, Kelley, and Rachel. Iron Data is the US leader in licensing, regulation, and case management solutions for state governmental agencies with over 300 boards and agencies in 47 states. Iron Data has seven offices in North America, approximately 500 employees, and annual revenues of $75 million. Iron Data has seven customers in the state ABC market including Texas, Florida, Louisiana, Kentucky, Rhode Island, and Connecticut.

CHARLES E. BAILES, III (“Chas”) has been with ABC Fine Wine and Spirits since 1975 and was named as its Chairman of the Board in September 1998. He has served as ABC’s President and Chief Executive Officer since 1994. Prior to being named President, he served as Executive Vice President for six years. He is the grandson of the company’s founder, Jack Holloway. As a graduate of Georgia Tech, he holds a degree in Industrial Engineering. Charles and his wife, Kimberly, have been married since 1976. They have two daughters; Courtney – 34 and Ashley – 32, and one son; Charlie – 27 and three grand-daughters, Kimble – born in 2007 - Josie – born in 2009 and Vivian – born in 2013. They attend the Cathedral Church of St. Luke. Charles is active in many business, civic, social, and charitable organizations. Current and past affiliations include:

the Foundation Board of United Cerebral Palsy of Central Florida, Board of Directors of Florida Fellowship Foundation, YMCA of Central Florida Board (Chairman 2002), Seaside National Bank & Trust, Cathedral Church of St. Luke (Chapter, Senior Warden), Crummer Business School (Board of Overseers), Moffitt Cancer Center Board, Orlando Museum of Art (Board of Trustees), Canterbury Episcopal Retreat Center

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Presenters

Board, and is a member and Past President of the Country Club of Orlando. Market Watch and Beverage & Food Dynamics have recognized Charles and his brother Jess as the “Retailer of the Year”. His hobbies are golf and hunting.

NICHOLAS BERGMAN is a partner at Buchman Law Firm, LLP, residing in the Firm’s New York City office. He has practiced in the field of beverage alcohol control law for over 14 years and is admitted to the California, New Jersey, and New York State bars. He received his J.D. from Case Western Reserve University School of Law in Cleveland, Ohio, in 1997 and his B.A. from Kenyon College, in Gambier, Ohio, in 1992. He also holds a post graduate degree in Wine Marketing, Finance and Accounting, from the Office International du Vin (OIV) in Paris, France.

JEANNIE BREMER is the Vice President of Compliance and Public Policy for The Wine Group based in Tracy, California. The Wine Group, the third largest winery in the world by volume, is the owner of brands such as Franzia, the world’s most popular wine, Cupcake Vineyards, flipflop, and the historic Concannon Vineyard in Livermore. Jeannie is responsible for all beverage alcohol regulatory compliance, federal and state reporting and tax payments, administration of the company’s trademarks, and is TWG’s liaison with industry associations such as Wine Institute. Prior to joining The Wine Group, Jeannie was a member of Nixon Peabody’s Beverage Alcohol team working with the firm’s supplier and retail clients on regulatory compliance and licensing matters. Jeannie began

her work in the wine industry in Washington, DC in 1996 completing an internship with the Office of the United States Trade Representative followed by eight years working for the late Jim Clawson of JBC International. During her time with JBC International, Jeannie represented the interests of Wine Institute and the California Association of Winegrape growers in a number of international trade matters including the US-EU wine trade negotiations, the World Wine Trade Group and the World Trade Organization. Jeannie lives in Mountain House, California with her two little girls. MARK BROWN has seen his responsibilities increase since initially joining the HEAT in 1998. He is entering his 15th year overall with the franchise and his fifth as Vice President, Tickets & Premium Sales & Service. Brown oversees Premium Sales, Season Ticket & Group Sales, and Premium Services. Brown originally joined the HEAT as an Account Executive in the Ticket Sales Department. He left after a year and a half and then returned to the HEAT organization for a second stint as the Manager of Premium Partnerships in 2002. From there, he was promoted to Director of Premium Partnerships and then Director of Ticket Sales before being elevated to his current position. Prior to his employment with the HEAT, Brown spent nearly three years as the Assistant General Manager of the El Paso Diablos, the Double-A affiliate of the Milwaukee Brewers. He next moved to the University of Miami’s Athletic Department where he served as a Ticket Sales Manager for two years. Brown, a Miami native is a graduate of Georgia Southern University where he received his Bachelor of Science degree in Sport Management. While attending Georgia Southern, he lettered for four years on the Eagles swimming team. Mark and his wife Ana, live in Miami with their son Andres. He also has three stepchildren, Erica, James, and Patrick.

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Presenters

ANDREW CONDIE founded Photonics & Analytics Limited in 2011, with the primary focus of developing and providing dependable and user-friendly field based spectroscopic instruments and technologies for brand protection and anti-counterfeiting. The Truespirit Authenticator Instrument, released by the company in early 2012, embodies such design and functionality principles, and meets the needs of a diverse range of technical and non-technical end-users. This development follows Andrew having spent over 7 years working closely with leading international brand owners, government departments and technology providers on the design and provision of field based brand authentication equipment and

software, providing him with unique experience and insights regarding instrument capabilities, and the needs and challenges faced by both brand owners and enforcement agencies in local and overseas markets around the world. Andrew has presented and contributed to a wide range of trade, government department and European Union conferences, workshops and surveys on anti-counterfeiting and proven core technologies. Prior to working in the brand protection industry, Andrew previously worked in the pharmaceutical and agricultural industries in the UK, Europe and West Africa. A science graduate of Aberdeen University, Scotland, he now lives in Pulborough, West Sussex in the South East of England and enjoys fishing, science, technology, and mechanical engineering. EDWARD COOPER joined Total Wine in 2011, bringing with him over twenty-five years of experience in corporate public affairs. He is responsible for the company’s local, state, and federal legislative, regulatory and political affairs, corporate communications and public relations, community relations, corporate philanthropy, industry relations, and corporate social responsibility efforts. Previously, Ed served as president of Highland Stone Associates providing integrated public affairs consulting services to Fortune 500 companies. Earlier, he served as vice president of The Hawthorn Group, directed the public outreach efforts of the National Association of Home Builders and the National Rural Electric Cooperative Association, and served as a top professional staff member in the U.S. Senate. Ed holds a B.A. from Hobart College and an M.A. from Case Western Reserve University. He is a member of the Board of Trustees of Hobart and William Smith Colleges, and serves on the boards of several local and national non-profits.

DAVID DACASTO established Tangled Oaks Vineyard with his late wife Ricky when they planted the first muscadine vines for winemaking in 2004. He had retired some years earlier from the telecom business, completing some academic work (DBA , Marketing) and joining the adjunct faculty of selected universities. Dave, like his grandfather in America and many of his family in the Piedmont Region of Italy, made wine for personal use for many years. During 2003, while visiting family in Italy at the town of Calosso d'Asti, it became apparent how much the family heritage is tied to the grape and wine

making. After returning home, Dave and Ricky began the planning process for a small winery. Tangled Oaks Vineyard started to exist, as a concept and later as an actual winery. Today, the winery and gift shop

is operated by Dr. David DaCasto Sr., who manages most business functions, and David Jr., who oversees most winery operations. JOE DANIELS comes from a law enforcement family that includes 19 descendants of his grandfather, a former deputy sheriff and onetime moonshiner, which have been in law enforcement and about that many relatives that have been involved in moonshining. Joe was reared in an area of Oklahoma that has always been the hotbed of moonshine

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Presenters

activity in the state and has developed a culture that has condoned moonshining as a part of life. Prior to his law enforcement career, Mr. Daniels attended college at Southeastern Oklahoma State University and then Oklahoma State University studying Agricultural engineering. Joe started his law enforcement career as a Deputy Sheriff in Pittsburg county in 1989. After three years with the Sheriffs Office, Joe became an Agent for the Alcoholic Beverage Laws Enforcement (ABLE) Commission and was assigned to the Eastern District office in Tahlequah. In 2004, Mr. Daniels advanced to the rank of Assistant Special Agent in Charge in the Tulsa office and in 2006 was promoted to Special Agent in Charge of the newly formed McAlester district which covers 30 counties in southern Oklahoma. Due to the area of the state that he has been assigned Joe has had the opportunity to investigate and take down numerous moonshine stills and bootleg operations. Joe is a certified law enforcement instructor and has developed a Council on Law Enforcement Education and Training curriculum that trains law enforcement officers to identify the elements and components of moonshine operations. His duties also include overseeing the regulation of the liquor industry, enforcement of the laws governing intoxicating liquors and the laws concerning the sale of tobacco to minors and laws concerning Oklahoma's Charity Games Act. Daniels has been certified as an expert witness in Oklahoma district courts for alcoholic beverage and gaming issues and has been requested as a speaker at events across the nation. Joe makes his home in Quinton Oklahoma along with his wife Denice and now is an empty nester as their youngest of 4 children left for college this summer.

ROBERT EHRHARDT is the Legal Advisor for the Law Enforcement Bureau, Florida Division of Alcoholic Beverages and Tobacco. Robert has served as the Division’s Legal Advisor since July of 2011. He is cross sworn as an Assistant Statewide Prosecutor with Florida’s Statewide Prosecutor’s Office. He has served as an Assistant State Attorney with the State Attorney’s Office for the Sixth Judicial Circuit of Florida for three and a half years. He then practiced for four years as a criminal defense attorney. Robert graduated from Presbyterian College with a Bachelor’s Degree in History and attended Law School at Florida State University. PAMELA ERICKSON is a passionate leader on alcohol issues. Currently, she owns Public Action Management, an Arizona small business, and operates an education campaign for a “Healthy Alcohol Marketplace.” From 1996 to 2003, she directed the Oregon Liquor Control Commission where she transformed an antiquated bureaucracy into a high performing, results oriented organization. In 2003, she joined Oregon Partnership to direct leadership and media campaigns to reduce underage drinking. Her recent publications include, “Alcohol Deregulation by Ballot Measure in Washington State” and “Issue Briefs for States, 2014.” Other publications include, “The Danger of Alcohol Deregulation, the United Kingdom Experience,” “The High Cost of Cheap Alcohol” and “Safe and Sound: How the three-tier system of US alcohol

regulation helps ensure safe products and protects against revenue loss.” These reports explain how deregulation can lead to increased social problems such as high rates of underage drinking, public order offenses, and alcohol related disease. Recently, she served as an expert witness in key alcohol regulation cases in Kentucky and California.

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SUSAN EVANS began her Federal career with the Bureau of Alcohol, Tobacco & Firearms (ATF) in 1988 as a field inspector. She came to Bureau Headquarters in Washington, DC in 1999 as head of the alcohol labeling division. As division chief, Susan was instrumental in the development of COLAs Online, the Bureau’s first e-filing system. In January 2003, when the Alcohol and Tobacco Tax and Trade Bureau (TTB) and ATF were divided, Susan became the first Assistant Administrator for Headquarters Operations. In July 2005 Susan was appointed to the newly-created position of TTB Executive Liaison for Industry and State Matters. In that position Susan concentrates on enhancing communication, education and customer service. JERRY FISCHER is Of Counsel to the firm of Post, Polak, Goodsell, MacNeill & Strauchler, P. A. In that capacity he provides legal services to the firm’s alcoholic beverage industry clients. Mr. Fischer previously had a distinguished 37 year career with the Office of the New Jersey Attorney General, serving for 12 years as the Director of the Division of Alcoholic Beverage Control. Prior to assuming the role of Director, Mr. Fischer served as Senior Associate Counsel to Governor Whitman, Section Chief of the Claims Litigation Section, Senior Deputy Attorney General in Charge of Litigation, and Assistant Deputy Director in Charge of Litigation. Over the course of his career, Mr. Fischer has developed extensive expertise in several practice areas, including alcoholic

beverage law, the New Jersey Tort Claims Act, eminent domain and inverse condemnation, civil rights, employment law, and administrative and appellate practice. Mr. Fischer has served as lead or "of counsel" with regard to more than 20 published decisions. He has served on a number of New Jersey Supreme Court committees and has also been a lecturer for local and State bar associations, the New Jersey Institute for Continuing Legal Education and the New Jersey Attorney General's Advocacy Institute. Mr. Fischer also spent the first year of his professional career as a law clerk for the Honorable John W. Fritz, Jr. in the Appellate Division of the New Jersey Superior Court. Before becoming a lawyer, Mr. Fischer was a nuclear chemist.

MICHAEL I. HALFACRE is an Assistant Attorney General and the Director of the New Jersey Division of Alcoholic Beverage Control. Prior to being nominated by Governor Chris Christie for the position of Director, Mike was an attorney in private practice in Little Silver, New Jersey. His practice was composed of transactional work and the representation of Municipalities. Mike also served as a Municipal Prosecutor in multiple towns. A life-long New Jersey resident, Mike was twice elected Mayor of his hometown of Fair Haven, New Jersey, which during his tenure was the only municipality in the state to lower property taxes six years in a row. Mike is a graduate of The Florida State University and the University of Dayton, School of Law. He resides in Fair Haven with

his wife and three children. AMY HARRISON joined the TABC in January of 1990. She is the Director of Licensing which is responsible for the issuance of over 100,000 licenses and permits all over the world. Amy has held various positions in the agency before her promotion to Director in 2004. Prior to joining the TABC, Amy spent five years at the State Comptroller's Office. Amy held several positions there including Licensing Supervisor of the Regulatory Division. Amy's experience at the Comptroller's Office, coupled with the TABC, has given

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her over 24 years of state regulatory experience. Amy earned a Bachelor's Degree in Political Science and a minor in Business Administration from Sul Ross State University in Alpine, Texas. It was the experience of working several Legislative Sessions that inspired Amy to pursue a career in state government after graduation.

ROBERT HILL has been the general counsel of the Alabama Alcoholic Beverage Control Board since 1997. A graduate of Vanderbilt University and of the University of Alabama School of Law, he was in the private practice of law for over twenty-five years before taking the position with the Alabama ABC Board. As general counsel, he is involved in contracts, legislation, litigation, and regulatory issues as well as communication with government officials and industry members and with internal matters. Bob has been active with NCSLA since 1998. He has been a member of the NCSLA Executive Committee since 2004, becoming President on July 1, 2014. (Session # 8) ANNE HUTCHISON graduated from the University of Mary in 1989 with a double major in Business Administration and Accounting. She has been employed with the North Dakota Office of State Tax Commissioner for over 21 years starting as an auditor in the Oil and Gas Tax Section. Anne became involved in the Alcohol Tax Section in 2003 and began developing electronic report forms, compliance review procedures, and guidelines for all alcohol licensees. In July 2008 Anne and the alcohol tax functions were transferred to the Sales and Special Taxes Compliance Section where she continues to oversee the reporting functions, conducts compliance reviews, and addresses licensing

issues and inquiries relating to alcohol policies and procedures. Anne has just recently completed a term as NCSLA President. (Session # 8)

JEFFREY KELLY is the Director of the Field Enforcement Division for the Comptroller of Maryland. The Field Enforcement Division is Maryland’s regulator and enforcement agency for the State’s alcohol, tobacco, and motor fuel industries. Prior to being appointed Director in 2008 by Comptroller Peter Franchot, Jeff worked as the Deputy Director and as a field supervisor. Jeff’s career in public safety spans nearly 35 years. Before joining the Office of the Comptroller, he was a police officer for the Anne Arundel County Police Department where he retired as the Executive Officer of the Western District. Jeff has a Bachelor of Science Degree from the University of Maryland in Management Studies with major course work in accounting, management, and financial

planning. He has a Certificate in Emergency Medical Technician – Paramedic and a Certificate in Financial Planning. Jeff lives with his wife in Anne Arundel County and has three sons and two grandchildren.

BRAD KREVOR is President of the Responsible Retailing Forum, a 501(C)3 non-profit foundation whose dual objectives are to (1) identify and promulgate Best Practices for Responsible Retailing and (2) engage public and private stakeholders in examinations of RR policy. Dr. Krevor is Principal Investigator for a National Institute of Health Small Business Innovation Research award to translate RRF research findings into sustainable Responsible Retailing systems for cities, states, and trade associations. From 1990-

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Presenters

2009, he served as a Senior Research Associate at the Heller Graduate School, Brandeis University, where he directed Robert Wood Johnson Foundation-supported efforts to assist state Attorneys General in pro-active efforts to prevent teenage access to age-restricted products and an evaluation of ExxonMobil’s implementation of its Assurance of Voluntary Compliance with 43 state attorneys general to reduce underage tobacco sales. He conducted a comprehensive field effectiveness study of electronic ID scanners supported by Miller Brewing Company; and he is the principal author of the Report on Best Practices for Responsible Retailing, developed as a federal Guidance Document for SAMHSA's Center for Substance Abuse Prevention. From 1989 to 1998, he was the Executive Director of the Tobacco Control Resource Center in Boston, a leading national tobacco control advocacy group. He is a summa cum laude graduate of Brown University (combined 4-year BA and MA degrees) and received his doctorate from Boston University.

MARBET LEWIS focuses her practice on the laws governing the alcohol industry and the manufacture, importation, and sale of alcohol beverage products. She represents clients in all aspects of alcohol and business licensing, national alcohol licensee mergers and acquisitions, negotiation of asset purchase agreements and required alcohol use provisions, license transfers and licensing due diligence, trade practices, contracting between industry members, industry member relationships, alcohol product advertising and review of marketing agreements, importation agreements, label approvals, and regulatory compliance guidance. Her experience also includes enforcement action defense

and administrative litigation, zoning and land use due diligence and approval processes, and state and local government regulatory compliance, which includes drafting municipal code ordinances and amendments as well as assisting with redistricting and development of entertainment overlay districts. Marbet also assists clients with additional business permitting including obtaining business tax receipts, building permitting, certificates of use and occupancy and other related operational permits, as well as representing various entertainment, hospitality, and alcohol industry clients during the zoning approval process, including representation before zoning boards for approval of variances, special exceptions, and use nonconformity issues as well as representation for zoning appeals cases. She has assisted with transfer of business and operational permits required as part of large asset acquisition transactions and merger of national retailers including hotels and entertainments venues such as movie-theaters. She works with domestic and foreign suppliers, wholesalers, manufacturers and a broad range of retailers, including nightclubs, bars, movie theater companies, hotels, restaurants, supermarkets, and national pharmacy chains. (Session # 8)

L. HUNTER LIMBAUGH was born, raised, and educated in Florida. He received his B.A. degree from Stetson University in 1979 and his J.D. from Stetson University College of Law in 1982. He practiced law in Central Florida until his marriage to Nell Quarles took him to South Carolina. After practicing law in South Carolina for five years, Hunter was elected to the South Carolina House of Representatives. He served on the Judiciary Committee and Chaired the General Laws and Constitutional Laws Subcommittees. In 1997 Hunter became Chief Legal Counsel to Governor David Beasley. He also served on the Sentencing Guidelines Commission and the Juvenile Justice Task Force. Following his service to the Governor, Hunter returned to practicing law and began doing

government relations work (lobbying) for a variety of clients. Since 2004 Hunter has been Southeastern Counsel for Wine Institute, the trade association for California winegrowers. In that role Hunter is responsible for legislative and regulatory relations in nine states (FL, GA, SC, TN, KY, AL, AR, MS, LA) in the Southeast. Since Hunter’s daughter, Leah, was diagnosed with diabetes on March 16, 2001, Hunter

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October 26-29, 2014


Presenters

has been an active volunteer for the American Diabetes Association. Hunter has served two terms on the National Board of Directors and was Chair of the Board in 2012. He has served on the Advocacy Committee, Finance Committee and Legal Advocacy Subcommittee, in addition to numerous Task Forces and Work Groups. Hunter is the proud father of Benjamin (22) and Leah (20), and the obedient husband of Nell.

GEORGE MINUTAGLIO is the Vice President of Training and Strategic Integration for Outback Steakhouse. He is responsible for leading both the Strategic and Training teams to simplify operational execution and improve the overall efficiency of facilitating menu innovation and optimizing the existing investment. He also leads the design and implementation of all training activities to support the needs of the overall brand strategy, across almost 800 company-owned U.S. Outback locations. Prior to joining Outback in 2010, Mr. Minutaglio had a successful 18-year career with Darden Restaurants where he showcased his ability to execute strategies across operational and cross-functional teams, connect strategies to operations, and lead high impact teams. Among other

positions held during this time, he spent eight years developing new business concepts and was directly involved in the creation of the Smokey Bones Concept. George then served as the Director of Training for this newly created concept for five years, responsible for building all operational training systems, management training process, new store opening training and the integration of training into all operational initiatives. He was later promoted to both Director and Sr. Director of Operations for this brand. He received his Bachelor of Science degree in Business Administration from the University of Central Florida.

ROBERT “R.J.” O’HARA received his J.D., cum laude, from the University of Dayton in 1989 and his B.A. in English in 1985 from the same school. He served as Articles Editor of the University of Dayton Law Review and is a member of the National Honors Society in History. R.J. was admitted to the Pennsylvania Bar and the U.S. District Court of the Western District of Pennsylvania in 1989. He was a co-founder of the Alliance of Alcohol Industry Attorneys and Consultants and is chair of its Board. He is an associate member of the National Conference of State Liquor Administrators, the National Association of Alcohol Beverage Administrators, the Academy of Hospitality Industry Attorneys, the National Association of Licensing and Compliance Professionals, HospitalityLawyers.Com

and is often an invited speaker at national and regional conferences on alcohol-related topics. R.J. provides general liquor licensing counsel, handles ownership changes, litigation, citations and administrative hearings, and advises clients on complex national licensing issues arising from mergers, acquisitions and corporate restructuring. He represents investment and financial companies entering the hospitality, restaurant and alcohol manufacturing spaces and he is adept at addressing their unique concerns as they relate to liquor licensing and compliance. He also advises clients on the legality of national alcohol promotions and marketing programs. R.J. conducts seminars for clients regarding liquor liability and related restaurant and alcohol management issues, oversees employee integrity testing and employee compliance with employer alcohol policies through the implementation of targeted secret shopper programs and often drafts liquor-oriented legislation. R.J. is also a shareholder and board member in a craft brewery, Erie Brewing Company in Erie, PA, maker of Railbender Ale, an award-winning Scotch ale.

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Presenters

MARK PHILLIPS, the creator of Palcohol – powdered alcohol. NICK RELLAS is co-founder and CEO of Drizly, INC., a technology company powering fast, convenient beer, wine, and liquor delivery for consumers of legal drinking age across the U.S. in just 20-40 minutes. Before Drizly, Nick Rellas was a Boston College student working for New England Coffee Co, one of the largest coffee manufacturers in the country. During his tenure there, Rellas focused on strategy, plant efficiency, and SKU profitability while reporting directly to the COO. It was during this time that Rellas noticed the lack of technology surrounding a regulated industry and asked himself: "Why do regulated industries and technology not mix well?” That question combined with his newfound love for Uber in 2011 lead him to look at how

mobile could transform other regulated industries, most notably alcohol. The rest, they say, is history. Rellas got an early start on his professional career, securing work as commercial photographer through the eastern seaboard while still in high school. After studying Advertising Photography at Rochester Institute of Technology for two years, Rellas transferred to Boston College, double majoring in Finance and Corporate Reporting & Analysis. The switch in career paths was facilitated by close to 10 years of financial derivative trading and a passion for financial markets.

ERIC SHEPARD joined the Beer Marketer’s INSIGHTS in August of 1977. He continues to research, write, and edit that newsletter, published 23 times per year, along with BMI’s other beer/alcohol beverage publications: INSIGHTS Express, a fax/e-mail newsletter that complements Beer Marketer’s INSIGHTS; Alcohol Issues INSIGHTS, a newsletter that covers policy issues and alcohol & health research; and Craft Brew News. He prepares and edits BMI’s annual statistical publication, Beer Industry Update. Eric graduated from Cornell University, with a BA in Liberal Arts. He is married, and has two sons. He resides in New City, NY, and is a lifetime resident of this NYC suburb in

Rockland County, twenty miles north of NYC. MORTON SIEGEL, a principal of Siegel & Moses, was admitted to the Illinois bar in 1960, following his graduation from the University of Michigan (B.A., 1956) and DePaul University (J.D., 1960). Just one year later, he was admitted to the U.S. District Court, Northern District of Illinois, followed by the U.S. Court of Appeals for the Fourth, Seventh, and Eight Circuits, as well as the U.S. Supreme Court. Morton is a member of the Chicago, Illinois State, and American (Member, Section on Antitrust Law) Bar Associations. His practice areas are Federal and State Litigation; Administrative Law; Constitutional Law; Civil Appeals; Franchise Law; Federal and State Alcoholic Beverage Regulation.

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Presenters

ADAM SIPOS is is Counsel, Corporate & Transactions at Pernod Ricard USA, LLC. He is also chief legal counsel for the United States component of Pernod Ricard’s Our/Vodka project. This project envisions the creation of vodka micro-distilleries in several cities across the world. Adam has practiced beverage alcohol control law since joining Pernod Ricard USA in 2013 and previously practiced securities law at Cleary Gottlieb Steen & Hamilton, LLP and Sidley Austin LLP. Adam received his J.D. from the Fordham University School of Law in New York City in 2008 and holds a PhD in Philosophy from Florida State University.

LOUIS J. TERMINELLO is the founding partner (1990) at Terminello & Terminello, PA in Miami, Florida. The entire firm is engaged primarily in retail beverage alcohol law and licensure matters, and middle tier regulatory compliance. He was admitted to The Florida Bar in 1990, and is also admitted to practice law in the State of New York and in Washington, D.C. He is a 1990 graduate of the University of Miami School of Law and he received his undergraduate degree in Criminal Justice from Northeastern University in Boston, Massachusetts. Mr. Terminello took an early retirement from his position as a senior law enforcement investigator with Florida’s Division of Alcoholic Beverages &

Tobacco upon graduation from law school, and has served as an expert witness in many jurisdictions in Florida over the past 24 years in matters relating to Florida’s alcoholic beverage law. Mr. Terminello has, since 2006, served as an adjunct professor teaching beverage law management at Florida International University’s Chaplain School of Hospitality and Tourism Management and has served as a CLE Lecturer on alcoholic beverage law topics, on numerous occasions.

JESSE VALDEZ, Account Manager for Neubus Inc., serves as the primary liaison between State Agencies and the Neubus Executive team during Statement of Work development, project kickoff and ongoing production of digital document management services. Valdez has a detailed understanding of government contract processes and account management and is responsible for establishing and maintaining effective working relationships with clients. Valdez has been working in partnership with TABC since March 2013 gaining an understanding of their current processes and assisting in finding solutions to enhance workflow and improve accessibility. Initially working with licensing, Valdez has successfully facilitated the introduction of digital document

management to several other programs within the agency allowing efficient record access while reducing the physical paper footprint. Valdez received his B.A.A.S degree from Texas State University and brings with him 8 + years of Account Management and Sales Experience with successful execution and management of contracts on multi-million-dollar State of Texas projects including the Texas Alcohol Beverage Commission. Mr. Valdez has been an NCSLA member since 2013.

JAMES WEBSTER is the founding partner of Chicago based Webster Powell, P.C., a Beverage Alcohol boutique law firm. Mr. Webster concentrates his practice in the Beverage Alcohol and Hospitality Industry. He represents members of the Industry throughout the United States in trade practice, licensure, labeling, importing and Industry tax issues, mergers and acquisitions, franchise litigation, administrative hearings, and appellate advocacy. Jim is the former co-chairman of the American Bar Association Committee on Alcoholic Beverages and former member (2006/2008) of the Executive

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Presenters

Committee for the National Conference of State Liquor Administrators. He is a frequent speaker at Industry Seminars, including those sponsored by the National Conference of State Liquor Administrators, National Conference of State Legislators; National Alcohol Beverage Control Association; the National Restaurant Association; various State Restaurant Associations (Illinois, Florida, and Minnesota); the National Licensed Beverage Association; the Wine and Spirits Wholesaler’s Association of America; the Illinois Licensed Beverage Association; the Hospitality Resource Institute; and Continuing Legal Education International Seminars on Industry Practices. He also conducts company and tier specific trade practice seminars for Industry Members, and has assisted in training law enforcement agencies regarding alcohol related incidents through the National Center for Alcohol Law Enforcement. Mr. Webster has also been active in the founding and governance of the Chicago Hospitality Resource Partnership, a non-profit resource partnership, assisting communities in planning, managing and policing hospitality and entertainment districts in Chicago. Mr. Webster earned his B.A. from the University of Wisconsin and his J.D. from DePaul University.

BEV WHITMER is a Senior Special Agent in the Special Operations Unit for the Virginia Alcoholic Beverage Control’s Bureau of Law Enforcement. Mr. Whitmer is a career law enforcement officer with over 30 years of experience. Mr. Whitmer grew up and still resides in Franklin County, Virginia, the self-proclaimed “Moonshine Capital of the World,” where he started his career as a Sheriff’s Deputy in 1983. In 1991 he went to work for the Virginia Department of Alcoholic Beverage Control as a Special Agent assigned to a specialized task force to work illegal moonshine distilleries and untaxed liquor investigations. Mr. Whitmer is a certified law enforcement instructor and is the lead instructor for illegal distillery investigations for Virginia ABC trainings as well as

outside law enforcement agencies and national conferences. He has been deputized for two terms as a federal U. S. Marshall to investigate multi-state illegal moonshine and bootlegging violations and has received commendations from the United States Attorney’s Office for his work on federal investigations. As a Senior Special Agent in the Special Operations Unit, he currently coordinates special investigations, to include bootlegging, with regional ABC offices and other law enforcement agencies. ROBERT WIEST earned his Bachelor of Science Criminal Justice/Political Science from the University of Delaware. His graduate studies are in Public Administration at the University of Delaware and Human Resources at Wilmington University, and he attended the Delaware State Police Academy. Wiest has 23 years of experience in regulatory and administrative liquor control, including 11 years of experience as a sworn Agent for the Delaware Alcohol Beverage Control and Tobacco Enforcement specializing in complex investigations including: hidden ownership, illegal transportation, DUI fatalities, and over-service of patrons. Wiest is a state representative to the University of Delaware/ Robert Woods Johnson Policy and Enforcement Task Group established to address binge drinking, as well as being a certified TIPS instructor and certified TABS instructor. In 2001, Wiest was appointed to his current position as Deputy Commissioner of the Office of the Alcoholic Beverage Control Commissioner’s Office for the State of Delaware.

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October 26-29, 2014 Meetings are brighter in the …...2014 Northern/Southern Regional Conference...

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Transcript of October 26-29, 2014 Meetings are brighter in the …...2014 Northern/Southern Regional Conference...