CORRESP 1 filename1.txt 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. 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