Brewery Dwelling House restriction

[Starpoint]

Hi, I am working to build a bigger brewery. I have a number of commercial brokers suggesting locations which are in the same building as a residence or a hotel. My understanding of the law is that this is not allowed - http://www.ecfr.gov/cgi-bin/text-idx...#se27.1.25_121

Am I wrong?
Thanks!

[Circle7Brewing]

Hi,

It depends on what state you live in and if the city will give you a variance to operate a brewery in a dwelling.

We just got our liquor license to operate a brewery in an attached 400sq ft garage. It required my city to sign off that they are OK with this operation happening as well as having to file a number of variance requests with the TTB. Here is what our variance request to the TTB had to say:

December 18, 2015

On behalf of Circle 7 Brew Works, and pursuant to 27 CFR 25.52 "Variations from Requirements", we respectfully request approval of an alternate method of operation from that prescribed at 27 CFR 25.21, "Restrictions on location”, with respect to establishing and operating a brewery in a dwelling house.

The alternate method of operation is to use a specific area of our residence as brewery premises. Circle 7 Brew Works makes this request due to


• This is a proof of concept brewery looking to produce small quantities of beer to distribute locally to the town of Monroe. Once proofed, then Circle 7 will expand to a commercial production facility and come back to the TTB for the requirements associated with such an expansion.
• The 400 Sq Ft space is more than enough to facilitate the production of wort, fermentation of wort to beer, brite storage with carbonation and kegging the final taxable product using a closed system at this scale of production.


Consequently, such use will not impede the effective administration of regulations and will not jeopardize revenue interest.
We understand that approval of the above request for an alternate method of operation may be rescinded at any time should TTB determine that there is administrative difficulty or jeopardy to the revenue.

They accepted this and we got our license.

Hope this helps.

[Starpoint]

so far so good

Thanks for the replies. Here is my progress:
Talked to local TTB investigator and he says it is not out of the question. Recommended that I talk to local planning department and the state ABC Commission for rulings and then submit their evaluations.
1 - local planning has approved the use in the building for a microbrewery
2 - state ABC Commission has requested building plans to ensure that the residence and brewery location do not have a shared entrance.
3 - after plan review I will bundle up all the documentation and submit to the TTB investigator for a ruling. It is likely that I will need to request a variance on my new application.

Thanks again!

[jrizos]

Hi,

It depends on what state you live in and if the city will give you a variance to operate a brewery in a dwelling.

We just got our liquor license to operate a brewery in an attached 400sq ft garage. It required my city to sign off that they are OK with this operation happening as well as having to file a number of variance requests with the TTB. Here is what our variance request to the TTB had to say:

December 18, 2015

On behalf of Circle 7 Brew Works, and pursuant to 27 CFR 25.52 "Variations from Requirements", we respectfully request approval of an alternate method of operation from that prescribed at 27 CFR 25.21, "Restrictions on location”, with respect to establishing and operating a brewery in a dwelling house.

The alternate method of operation is to use a specific area of our residence as brewery premises. Circle 7 Brew Works makes this request due to


• This is a proof of concept brewery looking to produce small quantities of beer to distribute locally to the town of Monroe. Once proofed, then Circle 7 will expand to a commercial production facility and come back to the TTB for the requirements associated with such an expansion.
• The 400 Sq Ft space is more than enough to facilitate the production of wort, fermentation of wort to beer, brite storage with carbonation and kegging the final taxable product using a closed system at this scale of production.


Consequently, such use will not impede the effective administration of regulations and will not jeopardize revenue interest.
We understand that approval of the above request for an alternate method of operation may be rescinded at any time should TTB determine that there is administrative difficulty or jeopardy to the revenue.

They accepted this and we got our license.

Hope this helps.

Very helpful. This was filed under "request for variance?" I have recently submitted my TTB and it is under review, so I can't see the original online forms any longer. Did it have you attach that, or what this placed into one of the fields, because I skipped over that part (thought it haunted my mind) and TTB when I called never mentioned anything about such documentation. I could always attach something like this to my Supporting Documents. Perhaps that is what you had done.

Appreciate this note.

[mkunce]

Re

There are a few residential garage breweries in my area. Apparently your concerns reside locally.