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Supreme Court Hears Spirited Sales Liquor Wholesaling Case

first_imgSupreme Court Hears Spirited Sales Liquor Wholesaling CaseOlivia Covington for www.theindianalawyer.comThe fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.When Spirited Sales first applied for an Indiana liquor wholesaling license in 2014, the Indiana Alcohol and Tobacco Commission denied the request, holding that state law prohibits wine and beer wholesalers from also wholesaling liquor as a protection against monopolies. Because there is common ownership between Monarch, the state’s largest beer and wine wholesaler, and Spirited Sales, the ATC said awarding the license would open the door for Monarch to form a monopoly.Spirited Sales is owned by EF Transit Inc., a transportation company in which its CEO, board of directors and shareholders hold the same positions with Monarch.But in August 2016, the Marion Superior Court struck down that decision and instead ordered the ATC to issue the permit after finding that its rationale in the decision was arbitrary and capricious. After the Indiana Court of Appeals denied a stay in the case, the Indiana Supreme Court granted a Trial Rule 56A transfer at the request of former Indiana Attorney General Greg Zoeller.During oral arguments in the case Thursday morning, Brian Paul, counsel for Spirited Sales, told the Supreme Court panel – which excluded Justice Mark Massa – that not only is it common for businesses to use the practice of corporate separateness to avoid non-compliance with prohibitive interest restrictions, but the ATC has actually encouraged such practices before.But Indiana Solicitor General Tom Fisher, arguing on behalf of the ATC, told the justices that past enforcement decisions do not dictate future enforcement under Indiana law. Further, Fisher said the ATC does, in fact, have a history of denying permits based on prohibitive interest provisions, regardless of whether corporate separateness applied.When asked by Justice Geoffrey Slaughter to name the specific prohibitive interest issues at play in the case, Fisher pointed to Indiana Code 7.1-5-9-3(b),  which holds that, “It is unlawful for the holder of a brewer’s or beer wholesaler’s permit to have an interest in a liquor permit of any type… .” For the purposes of the instant case, Fisher said the “holder” of the beer wholesaling permit is Monarch. Thus, according to the statute, Monarch cannot directly own Spirited if Spirited holds a liquor wholesaling license, he said.Further, under I.C. 7.1-3-21-5, Fisher said the stockholders of Monarch – who are statutorily required to possess “all other qualifications required of an individual applicant for that particular type of permit” and who Fisher said own Monarch – are similarly prohibited from owning Spirited because they would have an interest in both sides.But if the ATC’s position is closely followed, then Paul said it would have “absurd results.”“Under their logic, all ownerships interests are potentially relevant, no matter how remote, which could make it difficult for larger companies with lots of layers and lots of shareholders with lots of shares to do business in Indiana,” Paul said. “There is no limiting principle to the notion that remote ownership principles are relevant, which puts the industry totally at the mercy of the ATC’s discretion, which is precisely the problem with the system now.”Much of the discussion during oral arguments focused on what the definition of “interest” is, and Paul told the participating justices that there was a general understanding that the ATC had either failed or refused to promulgate rules or provide a clear definition of the term. To that end, he said the Legislature sought to draw the line of ownership interest at immediate owners through the language of I.C. sections 7.1-3-21-5 and 5.4.But Fisher said the lack of a definition is an indication that most people have a common sense understanding of what an “interest” is, much the same way legal professionals have an understanding of what the Code of Judicial Conduct means when it prohibits judges from having an interest in the cases they hear.Further, when the ATC has issued liquor wholesaling permits on the basis of corporate separateness in the past, Fisher said those decisions were made in regard to small organizations such as microbreweries or farm wineries, not large corporations like Monarch.The full oral arguments can be watched here.FacebookTwitterCopy LinkEmailSharelast_img read more

Sign up for the Summit

first_imgThere is less than a month left to register for the Baking Industry Summit 2008, on 27 November, so make sure you reserve your delegate place now. The Summit, which will focus on Corporate Social Responsibility (CSR), is taking place at One Great George Street, London, and will host a variety of top speakers, including Lucy Neville-Rolfe, executive director (corporate & legal affairs), Tesco.There will also be speakers from Asda, Greggs and Bells of Lazonby, as well as packaging and waste experts who have tackled bakery-based issues head-on and will share their experiences. To book a place, contact Helen Law on 01293 846587 or email [email protected] You can also book online at www.bakingsummit.co.uk. Ticket price: £225 + VAT.last_img read more

Detox deals

first_imgIt took several hundred loaves of bread, a tonne of ostrich meat and 1,500 chefs to prepare. But Iran’s attempt to make the world’s largest ostrich sandwich wasn’t just to notch up an entry in the Guinness Book of Records. The monster snack was also created to raise the profile of healthy eating – given ostrich meat’s reputation as a low-fat, low-cholesterol alternative to chicken.While a 1.5km-long sandwich isn’t recommended for dieters, it’s testament to the profile sandwiches have in the health arena – or rather, could have. In the year to February 2008, sales of ’healthy’ sandwiches dropped by 1%, in volume and value (TNS Worldpanel). Meanwhile, premium products – deemed ’less healthy’ in the report – were up by 1%.This is in contrast to the increasing focus on healthy eating among shoppers: back in 1995, 11% were looking for healthy foods, whereas today it stands at double that level. That focus reaches its peak in January, when everyone attempts to make amends for the excesses of Christmas.== Reinventing the ’healthy’ sandwich ==So, other than steering well clear of turkey as a filling, what can the sandwich-makers do to tap into that January health drive, and revive sales? “The problem with sandwiches is that, to the health-conscious, the bit on the outside is usually viewed with as much disdain as the bit on the inside,” explains Don Williams, director of branding and marketing experts, Pi Global. “If the ’healthy sandwich’ market is to compete effectively with everything else on offer, then it needs to re-invent itself with more engaging, tasty, adventurous, choices, perhaps using breads that aren’t the ubiquitous British sliced style.”The variety of breads used in today’s sandwich market is higher than ever, with wraps, ciabattas, wholegrain and wedges all offering options to a choice-hungry public. But it seems the bread element is a missed opportunity for the healthy sandwich.”It’s still just seen as a carrier,” says Gary Gibbs, head of product development at British Bakels. “We need to go beyond that and see bread as an opportunity to improve a sandwich’s health credentials.”As Gibbs points out, the sandwich market lags behind the bread market when it comes to making the most of its health benefits. “In the main, bread is the healthy part of the sandwich and the industry is missing a trick. Omega 3, low GI and whole grain all represent opportunities that are currently being overlooked,” he adds.== Multiseed approach ==The Bread Roll Company has managed to tap into this, with the launch of two multiseed products last January: multiseed paninis and multiseed bloomers. Two of the company’s best-sellers are also multi-grain rolls: a multigrain sub roll and a multigrain square roll.”The multigrain square roll contains not only high-fibre malted wheat flakes and rye flour, but is also packed with healthy seeds such as linseed, millet, poppyseed, pearl barley and sunflower seeds,” says commercial director Sue Ville. “The multigrain sub is a less rich version of this recipe for customers looking for a lighter multiseed option.”Adding variety to bread is one option. But there are also opportunities to take things out. Though the number of people who think they have one intolerance or another far outweighs the number who actually do, more and more people are buying ’free-from’ foods.Fresh! Naturally Organic’s founder and CEO Chantelle Ludski admits that some see this as a fad. But the bottom line is that it “sells well in January”. And that’s in spite of it not always looking nice, or being to everyone’s taste. “Some say gluten-free tastes a little like cardboard and the bread doesn’t rise so well either,” she says. “These breads could certainly do with some more work.”== Salt removal ==Much of the work has, instead, been focused on removing something else from breads – salt. This has helped many manufacturers already meet the 2010 Food Standards Agency’s target for salt reductions. Indeed, the fact that so much salt has been removed from bread has given sandwich-makers some flexibility in terms of fillings.The new targets proposed for 2012 are a different story, however, with bacon and ham under threat, according to Jim Winship, director of the British Sandwich Association. Consumer choice will also be restricted, he adds, and there’s the risk that sandwiches will lose their taste. This is not a foreign conundrum for the makers of healthy sandwich ranges, which have historically been branded as ’bland’.According to Pi Global’s Williams, the independents could learn a lot from the supermarkets, which have been “far more convincing in acknowledging consumers’ quest for taste as well as health – at a reasonable price point”. He highlights Tesco, which, with its ’Fresh in the City’ range for London, is tackling the idea that own-label pre-packed sandwiches are unhealthy and of poorer quality. “The branded sector has not tackled the marketing of the ’healthy sandwich’ convincingly,” he adds. “There’s an opportunity for someone to shake this category up.”One company heading in the right direction is Fresh! Naturally Organic, with its ranges concentrating on taste and presentation first, and organic second. The argument over whether organic food is healthier will rumble on for some time to come, but looking good and tasting great are prerequisites for any healthy sandwich nowadays.Ludski admits that sandwiches are “probably not promoted enough as healthy”. Though there’s year-round relevance to eating healthily, January offers great opportunities, which is why the company always launches a detox sandwich that month which, says Ludski, “always performs brilliantly”.== Special offers ==For the smaller shops, a daily or weekly special is an effective tool, according to some experts. A ’special’ ingredient such as sun-blushed tomatoes or rocket can be selected in a variety of fillings for that day or week. Using fresh, raw or grilled vegetables can help add texture, flavour and colour. Presentation is often forgotten.”It’s depressing how some sandwich bars just have the same five containers day-in day-out,” says Steve Pearce, MD at Southover Food Company. “Everyone needs to look seriously at the trends for provenance, health and presentation.”This is where Pret A Manger has done a “fantastic job”, he says. The chain is certainly held in high regard by many in the industry – perhaps given its different take on healthy eating. There is no nutritional guidance on the packs, but a free leaflet is available for the entire range. Its recent ’eat with your head’ campaign is not about points and low fat, but about sensible eating and balance.It offers a ’Slim Pret’ range, but these are not half the fat or calories, they are simply half the sandwich at half the price. It offers customers choice, so they can mix and match as opposed to halving the pleasure for those trying to lose weight.The Slim Pret range was initially launched in Hong Kong, where smaller portions are popular. Here, it’s a different story. Katy Carver, Weight Watchers brand manager for Greencore, suggests that’s why Slim Pret “doesn’t do a job” for slimmers, because it leaves them feeling hungry. Hence, Weight Watchers has gone in the opposite direction. Its triple wedge range keeps within the points plan and is now a “best seller”, she says. There’s also a new triple wrap on its way in time for the January health drive.While a sweet chilli chicken filling is not quite up there with what the Iranians achieved, it shows that a healthy sandwich does not have to be small and boring.—-=== Smaller wallets and smaller waists ===Post-Christmas shoppers will have expanded their waists, but shrunk their wallets and healthy options can be the most effective way to get them to part with cash. Here are a few tips from the experts:l Healthy specials can be a good marketing tool in Januaryl Wraps aren’t necessarily healthier, but shoppers perceive them to be, so are a good January choicel Free-from options will also be popular (ie free-from wheat or dairy)l Detox options will be highly sought-after, so look to use ’superfoods’ to add valuel Try experimenting with spices to add flavour. Moroccan and Tunisian could become more popular in the coming monthsl Ditch the mayonnaise and replace it with crème fra&icircchel Steamed chicken, thinly sliced, can be a cheap and healthy filling – and most importantly in January, it’s not turkeyl Maintain choice. What customers say and what they do are different. Some will still want the BLT, so try adding a healthy twist to ’unhealthy’ favouriteslast_img read more

Ash Center names Technology and Democracy Fellows

first_imgLaura Miller, Director of Digital Strategy, When We All Vote Ramya Raghavan, Head of Civic Engagement and News Outreach, Google During their appointment, fellows will explore technology’s role in improving democratic governance by connecting the university community to the field of practice and helping Harvard Kennedy School students develop crucial technology skills. Fellows will also design and lead a series of hands-on workshops for HKS students on a broad range of technological skills and concepts designed to build connections between students and the worlds of technology, policy, and government.Throughout the academic year, fellows will design, develop, or refine a substantive project that is salient to their professional field of work. Previous projects have included a case study of private sector civic engagement strategies, the development of cutting-edge tools to increase open data literacy and usage, and the creation of a digital toolkit to allow local election officials to better distribute nonpartisan election information in their communities. Shomik Dutta, Co-founder and Partner, Higher Ground Labs Eric Wilson, Chief Digital Officer, America Rising Daniel Marks, Digital Manager, Color of Changecenter_img Stephanie Valencia, Co-founder, EquisLabs The Ash Center for Democratic Governance and Innovation at Harvard Kennedy School (HKS) today announced the appointment of its newest cohort of Technology and Democracy Fellows — seven emerging leaders committed to using technology and digital tools to help strengthen our democratic institutions through citizen engagement, social empowerment, and government transparency and accessibility.The center’s newest Technology and Democracy Fellows are: Nick Carter, Managing Director, 2020 Vision Ventures Read Full Storylast_img read more

California measure aims to pay off 80% of most unpaid rent

first_imgSACRAMENTO, Calif. (AP) — California could pay off up to 80% of most people’s unpaid rent because of the coronavirus. Gov. Gavin Newsom and the state’s top two legislative leaders announced a bill Monday that would use federal relief money to pay off the debt. But landlords would only get the money if they agree to forgive the remaining 20%. The proposal also would extend a state law until June 30 that prevents landlords from evicting tenants who pay at least 25% of what they owe. The state Legislature is scheduled to vote on the plan Thursday.last_img read more

Long Island Schools Named in ‘Best High Schools’ Report

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Jericho High School was ranked as the top high school on Long Island in U.S. News & World Report’s 2017 rankings—a survey that also included 11 other LI schools in the top 300.Jericho High School was the only LI high school ranked in the top 100, but six others were ranked in the top 200: Garden City High School (No. 157), Great Neck North High School (No. 164), Syosset Senior High School (No. 173), Manhasset Secondary School (No. 177), Great Neck South High School (No. 195), and Cold Spring Harbor High School (No. 196).Five additional schools were ranked in the top 300: Roslyn High School (No. 208), Herricks High School (No. 213), Paul D. Schreiber High Senior High School (NO. 223), North Shore Senior High School (No. 234), and Harborfields High School (No. 247.)U.S. News & World Report, which releases its list of top schools annually, uses a four-step process to identify high performing schools—a scale that includes graduation rates, student performance on state exams, and college preparedness.The publication reviewed more than 28,000 public high schools across the country. All schools in the top 500 were awarded its “gold medal.”Overall, New York State was ranked No. 12, two spots below its neighbor and rival state, New Jersey.Jericho High School came in at No. 11 in the state, No. 67 nationwide and was credited with having a 97-percent graduation rate and an Advanced Placement participation rate of 94 percent.The latest rankings include both charter and magnet schools, though U.S. News & World Report noted that more than 80 percent of the top-performing schools are traditional public schools.LONG ISLAND SCHOOLS IN THE TOP 300:No. 67: Jericho Senior High SchoolNo. 157: Garden City High SchoolNo. 164: Great Neck North High SchoolNo. 173: Syosset Senior High SchoolNo. 177: Manhasset Secondary SchoolNo. 195: Great Neck South High SchoolNo. 196: Cold Spring Harbor High SchoolNo. 208: Roslyn High SchoolNo. 213: Herricks High SchoolNo. 223: Paul D. Schreiber Senior High SchoolNo. 234: North Shore Senior High School – Glen HeadNo. 247: Harborfields High School – Greenlawnlast_img read more

Loan Zone: Why SBA lending may offer growth prospects for credit unions

first_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr Business borrowers really like credit unions—when they use them.In fact, credit unions have some of the highest business-borrower satisfaction rates among all types of lenders, according to the Federal Reserve’s latest Small Business Credit Survey. Satisfaction with credit unions was 76% among applicants for new credit. Among small businesses with existing loans, lines of credit and cash advances, credit unions garnered an 85% satisfied rating, higher than the satisfaction rates for small banks, large banks and online lenders.Despite these figures, only 9% of small businesses sought credit from credit unions last year, according to the survey. And few credit unions are involved in lending programs backed by the U.S. Small Business Administration that cater to small businesses.Only 178 credit unions, or 3%, were active lenders in the most popular SBA program—the 7(a) loan program—in fiscal year 2018. This is the case despite the fact that SBA lending has gained momentum among small businesses in the past five years. The number of SBA loans by all financial institutions increased 30%, and the approved dollar amount of SBA 7(a) loans jumped 42% (from $17.8 billion to $25.3 billion) during that time period, according to SBA statistics. continue reading »last_img read more

Four Sampdoria, three Fiorentina players test positive for coronavirus

first_imgFour Sampdoria players, including one who had previously recovered, and three from Fiorentina have tested positive for coronavirus, the two Serie A clubs announced on Thursday.”During the tests to which the footballers were subjected, three new cases of COVID-19 emerged, with one player testing positive again,” Sampdoria said in a statement.Top clubs in Italy are testing team members and staff as they prepare to return to training facilities this week for individual sessions. Earlier Fiorentina had revealed that three players and three of the club’s staff had tested positive for the virus, taking this week’s tally among Italy’s top flight clubs to eight after Torino announced on Wednesday that one player had the virus.Five Samp players — Omar Colley, Albin Ekdal, Morten Thorsby, Antonio La Gumina and Manolo Gabbiadini — had previously suffered from COVID-19, along with the club doctor.Three Fiorentina players — Patrick Cutrone, German Pezzella and Dusan Vlahovic — also tested positive for coronavirus in March, but have since been given the all-clear.Fiorentina said that the rest of the team will undergo tests on Friday in preparation for the start of training, which will be on a voluntary basis. Topics :center_img On Thursday, the Italian Football Federation (FIGC) met the government’s technical scientific committee to discuss the medical protocol for a potential return to group training.Sports Minister Vincenzo Spadafora said after the meeting he was “hopeful” team training could resume of May 18.”There has been a very important, very in-depth meeting, with many requests from doctors and scientists to the FIGC,” Spadafora said on Facebook.”Now the committee, on the basis of these insights, will draw up its own assessment which will be sent to the Ministry of Health.”last_img read more

Alexandre Lacazette responds to Barcelona transfer rumours

first_img‘It’s flattering,’ said Lacazette.The Frenchman signed for the Gunners in 2017 for a then-club record fee of around £47million.AdvertisementAdvertisementMore: Manchester United FCRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starNew Manchester United signing Facundo Pellistri responds to Edinson Cavani praiseEx-Man Utd coach blasts Ed Woodward for two key transfer errorsThe Gunners will not entertain offers for Lacazette this summer but the club’s failure to qualify for the Champions League could push the striker towards an exit.Arsenal must beat Chelsea in the Europa League final to book their place in next season’s Champions League after failing to finish in the top four.MORE: Barcelona suspect Liverpool might try to sign Matthijs de Ligt in summer transfer Metro Sport ReporterSunday 12 May 2019 12:55 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link1.6kShares Advertisement Alexandre Lacazette has refused to dismiss speculation over a move to Barcelona (Picture: Getty)Arsenal forward Alexandre Lacazette admits he’s flattered by interest in him from Barcelona.The La Liga giants are believed to be keen on signing the Frenchman this summer and view him as a cheaper alternative to Manchester United striker Marcus Rashford.Arsenal are aware of interest from the Catalans and plan to sit down with Lacazette’s representatives at the end of the season to negotiate an improved deal.Lacazette, though, has down little to dampen the speculation refusing to dismiss the links.ADVERTISEMENT#TéléfootAlexandre Lacazette sur l’intérêt du Barça : “C’est flatteur !” pic.twitter.com/z5IpXrXrl6— Téléfoot (@telefoot_TF1) May 12, 2019 Comment Advertisement Alexandre Lacazette responds to Barcelona transfer rumourslast_img read more

Quirky Miami home on the market at offers over $1.1 million

first_img2081 Gold Coast Highway, Miami.GOLD Coast home designer Michael Mallon and wife Melinda are selling their quirky Miami home they lovingly built.Building the home was a labour of love for the couple — Mr Mallon teamed up with Tony Thompson Architects to design the ideal home for the site at 2081 Gold Coast Highway Miami.The couple first built a one-bedroom bungalow on the rear of the property in 2001 and then went et about building the three-bedroom home at the front.2081 Gold Coast Highway, Miami.“I have designed it for where it is it is on the Gold Coast Highway,” he said.“There are quite a few features that were put in place because of its location.More from news02:37Purchasers snap up every residence in the $40 million Siarn Palm Beach North9 hours ago02:37International architect Desmond Brooks selling luxury beach villa1 day ago“We have double glazing at the front of the property and there is 10mm thick glass at the top in the solid frame windows that face north.“I purposely turned the home’s back on the south because of the winds and the aspect and there is absolutely no gyprock in the house.“We had Italian renderers work all the way through the house, — it’s their handwriting all the way through it.”2081 Gold Coast Highway, Miami.Mr Mallon, who for past four years has designed homes for up-market harbourside suburbs in Sydney, said the home was completed about 15 years ago, but still had a contemporary feel to it.Video Player is loading.Play VideoPlayNext playlist itemMuteCurrent Time 0:00/Duration 0:45Loaded: 0%Stream Type LIVESeek to live, currently playing liveLIVERemaining Time -0:45 Playback Rate1xChaptersChaptersDescriptionsdescriptions off, selectedCaptionscaptions settings, opens captions settings dialogcaptions off, selectedQuality Levels720p720pHD540p540p360p360p270p270pAutoA, selectedAudio Trackdefault, selectedFullscreenThis is a modal window.Beginning of dialog window. Escape will cancel and close the window.TextColorWhiteBlackRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentBackgroundColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentTransparentWindowColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyTransparentSemi-TransparentOpaqueFont Size50%75%100%125%150%175%200%300%400%Text Edge StyleNoneRaisedDepressedUniformDropshadowFont FamilyProportional Sans-SerifMonospace Sans-SerifProportional SerifMonospace SerifCasualScriptSmall CapsReset restore all settings to the default valuesDoneClose Modal DialogEnd of dialog window.This is a modal window. This modal can be closed by pressing the Escape key or activating the close button.Close Modal DialogThis is a modal window. This modal can be closed by pressing the Escape key or activating the close button.PlayMuteCurrent Time 0:00/Duration 0:00Loaded: 0%Stream Type LIVESeek to live, currently playing liveLIVERemaining Time -0:00 Playback Rate1xFullscreenRenovation Inspo: Mental Health House00:45 Related videos 00:45Renovation Inspo: Mental Health House00:40Mami house: minimalist & energy efficient00:27Masterpiece home 00:56Interior Design Awards 201700:42Japanese Architecture02:00Dream Home PetershamThe main residence consists of three-bedroom home that features an open plan living and dining area with marble tiles and 3-metre- high ceilings with thatched features.The a self-contained studio-style bungalow that is behind the main dwelling includes an open plan living area with kitchenette and a loft-style bedroom upstairs.2081 Gold Coast Highway, Miami.last_img read more