SEC Company Response from MENDOCINO BREWING CO INC (CIK 0000919134) — Aug 12, 2005
MENDOCINO BREWING CO INC (CIK 0000919134)
Date: Aug. 12, 2005 · CIK: 0000919134 · Accession: 0001188112-05-001464
AI Filing Summary & Sentiment
File numbers found in text: 001-13636
Referenced dates: August 2, 2005, July 7, 2005
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August 12, 2005
8712.008
VIA EDGAR & FAX 202-942-9648
Mr. George F. Ohsiek, Jr.
Branch Chief
United States Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
RE: MENDOCINO BREWING COMPANY, INC.
FORM 10-K FOR FISCAL YEAR ENDED
DECEMBER 31, 2004
FILED MAY 13, 2005
FORMS 10-Q FOR FISCAL QUARTER ENDED
FILE NO. 001-13636
Dear Mr. Ohsiek:
We have been asked by Mendocino Brewing Company, Inc. (the "Company") to
respond on its behalf to the items included in your letter of comment dated
August 2, 2005, which was sent following the Company's response to your original
letter of comments dated July 7, 2005.
FORM 10-K FOR FISCAL YEAR ENDED DECEMBER 31, 2004
CONSOLIDATED STATEMENTS OF OPERATIONS AND COMPREHENSIVE INCOME, PAGE F-3
1. We read your response to comment 2 in our letter dated July 7, 2005.
Based on the additional information you provided, it appears to us that
the legal dispute settlement represents an operating expense, clearly
related to the transaction made during the ordinary course of your
operations. In particular we note that the expense relates to a dispute
you had with a distributor of your product and transacting with
distributors is a normal part of your continuing operations. Thus,
please tell us how you intend to revise your filing accordingly. To the
extent you revise your filing, please ensure that the amendment also
incorporates the revisions requested in comments 5 and 6 in our letter
dated July 7, 2005.
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Mr. George F. Ohsiek, Jr.
August 12, 2005
Page 2
The Company respectfully requests an additional ten (10) day period in
which to prepare its response. The Company is currently working with its
independent auditor to fully comprehend the issues surrounding the
characterization and reporting of the settlement of its legal dispute as an
operating item as opposed to a non-operating expense, and will respond to your
comments set forth below on or before August 22, 2005. If you have any questions
or concerns, please contact me at (415) 391-4800 at your convenience.
Sincerely,
Sara Finigan
Cc: Yashpal Singh
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