You’re Building Something Real. Let’s Make Sure the Law Doesn’t Stop You.
The Texas alcohol industry is one of the most heavily regulated business environments in the country. The three-tier system, tied-house restrictions, TABC licensing requirements, and federal TTB oversight create a compliance landscape that can stall a launch, kill a deal, or shut down an operation overnight.
You don’t need a generalist to push paperwork. You need someone who knows how TABC thinks, what investors expect, and how to structure your business so it can grow without running into a regulatory wall.
I spent five years as General Counsel at the Texas Alcoholic Beverage Commission. I drafted the rules. I ran the enforcement program. I sat across the table from the companies your competitors hire. Now that institutional knowledge is working for you.
WHY THE ALCOHOL INDUSTRY CHOOSES CLARK SMITH LEGAL
Former Regulator. Now Your Advocate.
Inside Knowledge That Changes Outcomes
From 2017 to 2022, I served as General Counsel at TABC, overseeing all legal matters for the agency. This wasn't a brief government rotation—it was five years of running the legal operation of the agency that regulates your business. Here’s what that means for you:
- Enforcement Patterns: I know how investigations are initiated, escalated, and resolved -- and how to get ahead of them.
- Licensing strategy: I know what TABC staff look for in applications, what triggers additional scrutiny, and what gets things approved.
- Policy Interpretation: I drafted guidance documents that TABC staff still use today. I know what the rules mean—not just what they say.
- Negotiation leverage: When enforcement actions happen, I know the settlement framework from the inside. That’s not something you learn from the outside.
- Litigation awareness: I coordinated with the Office of Attorney General on every major case. I know how TABC and OAG approach contested matters.
This matters because: When your license is at risk or your deal has a regulatory wrinkle, you’re not hiring someone who will learn the agency’s patterns on your dime. You’re hiring someone who already knows how this ends—and how to change the outcome.
One Attorney. Your Matters.
No hand-offs. No associates learning on your file.
I handle every client matter personally. When you call, you reach me. When a brief gets filed, I wrote it. When a contract gets negotiated, I’m at the table. This is a focused, boutique practice—and that focus directly benefits your business.
WHO I WORK WITH
Manufacturers: Breweries, Distilleries, and Wineries
You’re building a brand. Let’s make sure your compliance infrastructure can scale with it.
How I Help:
- License and permit applications at TABC and TTB
- Distribution agreement drafting and negotiation
- TABC enforcement defense and investigation response
- Marketing and advertising compliance review
- Multi-state distribution strategy and permitting
- Ownership restructuring for license eligibility
- Co-packing and IP licensing agreements
- Legislative advocacy
Recent Example (Anonymized): International manufacturer acquired Texas-based winery. I identified potential permit eligibility hurdle, advised client, and assisted in drafting and advocating for a successful legislative solution.
Retailers: Bars, Restaurants, and Package Stores:
Your license is your livelihood. Protect it.
How I Help:
- License applications and renewals
- TABC enforcement defense and penalty negotiation
- Compliance audits and staff training guidance
- Lease and real estate due diligence for licensed premises
- Litigation assistance
- Local ordinance and zoning conflict resolution
Recent Example (Anonymized): Defended a social club sued two days before opening by neighbors who had already failed to block its TABC license. Won two emergency court hearings to keep the doors open. Plaintiffs dropped the suit with no relief.
Startups and Emerging Brands:
The decisions you make at launch will follow you for years. Get them right.
How I Help:
- Entity structure and cap table design for license eligibility
- Tied-house compliance review for investors and ownership
- Regulatory strategy for pre-launch planning
- Permit strategy for unique or novel concepts
- IP and brand licensing agreement review and negotiation
- Third-party contract review for service providers, including marketing firms and agencies
Recent Example (Anonymized): Startup Mexican spirits brand found itself stuck in an unfavorable U.S. importer arrangement. I successfully negotiated a favorable exit, restoring brand control and clearing the path to a direct distribution strategy.
WHAT MAKES MY PRACTICE DIFFERENT
The Insider Advantage.
As General Counsel, I worked in close concert with TABC commissioners, executive staff, and field investigators. I drafted the administrative rules that govern enforcement priorities. I established the settlement frameworks that define negotiation parameters. I coordinated with the Office of Attorney General on every contested matter.
What this means for your business: When a matter lands on TABC’s desk, I know what they’ll focus on, what documentation satisfies their concerns, and whether to bring a matter proactively or wait. That institutional memory works in your favor from day one.
Boutique rates without compromising on quality.
You shouldn't have to pay BigLaw rates for a specialized regulatory matter — and with me, you don't. A focused solo practice means lower overhead, more flexibility on fee structure, and a direct line to the attorney handling your matter. Fixed fees for defined-scope work. Honest estimates for complex matters to avoid billing surprises down the road.
Capitol and Agency Advocacy.
The Texas Alcoholic Beverage Code gets rewritten a little every session. TABC's administrative rules get rewritten all the time. I've drafted the legislation and the rules and seen them through to passage and adoption. If your business has a priority at the Capitol or the agency level, I know how the process works from the inside.
LET'S TALK ABOUT YOUR BUSINESS
Free Initial Consultation
Whether you’re pre-launch, mid-raise, or dealing with an active TABC matter, let’s get on a call. I’ll give you my honest assessment of your situation, what I can do, and what it will cost. No obligation.
Here’s how it works:
- Initial Call — You describe your situation. I give you my initial read on complexity, approach, and rough cost range.
- Scope Memo — For any engagement, I send a clear scope memo before we start so you know exactly what you’re getting.
- Engagement — We agree on scope, fee, and timeline. I get to work.
Timeline: I make every effort to respond to initial inquiries within 8 business hours. Most matters can be scoped and engaged within 3 days.