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Do I need a brewpub license, or just a brewers notice (Michigan)

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  • Do I need a brewpub license, or just a brewers notice (Michigan)

    I'm a bit confused regarding the type of license I need. Hopefully someone can help me. I am opening a brewery/taproom that will be serving pizzas. I have been told that all I need is a Brewers Notice. If I had a restaurant that served pizzas, and then wanted to brew beer, I would need a Brewers Notice and a Brewpub license. Now I heard that anytime a brewery wants to serve food, a Brewpub license is needed. What license do I really need?

  • #2
    Brewpub vs. Brewing license

    Hello,

    I am a beer lawyer in CO who grew up in Michigan.

    For TTB, the difference between a brewpub and a brewery is independent of whether you serve food. This only relates to whether you are serving beer out of a tank, or whether you are going to keg it and serve from kegs. If you are serving beer from a tank, you will still need to get a TTB issued brewer's notice, but you will need to provide additional information to TTB about your tax determination method. If you serve from a keg, you are not a brewpub according to TTB.

    States tend to categorize brewpubs and breweries depending on whether they serve food. I am not an expert in Michigan state law and regs, but (according to this info sheet) it looks like Michigan does follow this type of split, issuing Brewpub Licenses (applied for using the Retail License & Permit Application) to food service establishments, allowing them to produce up to 18,000 barrels of beer. Breweries (not brewpubs) appear to have to complete the Manufacturer & Wholesaler License & Permit Application.

    Hope that clarifies things. Let me know if you would like assistance with any of this.

    Dan Christopherson, Beer Lawyer
    Christopherson Brew Law
    6638 W. Ottawa Ave, Suite 220-3, Littleton, CO 80128
    720-515-8773 (phone) | dan@brew.law | www.brew.law
    Last edited by Brew Law; 12-02-2018, 11:11 AM.
    Dan Christopherson
    Christopherson Brew Law
    Littleton, CO 80128
    (720) 515-8773
    dan@brew.law
    brew.law

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    • #3
      We're in the process of starting up small in MI. The key to the distinction in the state is not food, but your business model. If you are a restaurant and just want to brew some beer to sell, a brewpub license could be for you. But I believe you also need a state liquor license. Plus brew pubs cannot self distribute.

      The other distinction is between a brewer and a microbrewery, which is production dependent. Micros have less production capacity, and get to self distribute, plus other perks. Micro is a newer distinction than brewpub, and allows the most flexibility. You can serve food, or not. You can package and self distribute, or not. You can have a distributor or not. Most go micro these days.


      Sent from my iPhone using Tapatalk

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      • #4
        And I think Dan's reference to the manufacturer's and wholesaler's permit refers to breweries, rather than micros.


        Sent from my iPhone using Tapatalk

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        • #5
          Originally posted by jbductile View Post
          I'm a bit confused regarding the type of license I need. Hopefully someone can help me. I am opening a brewery/taproom that will be serving pizzas. I have been told that all I need is a Brewers Notice. If I had a restaurant that served pizzas, and then wanted to brew beer, I would need a Brewers Notice and a Brewpub license. Now I heard that anytime a brewery wants to serve food, a Brewpub license is needed. What license do I really need?
          I just went through this a few weeks ago. We are not serving food, but have a taproom, the woman at TTB told me that if we have stationary lines coming from a walk-in cooler to a bar/taps that we are a brewpub. She said that if we were serving from a non-stationary/movable tap, that we could be considered a brewery. She was super helpful and nice, she even made the corrections while I was on the phone with her. If you aren't sure, give them a call. It's no harder to fill out the 2 extra sections for brewpub ON the brewers notice, and give a tavern description. Go through the turtorial on TTB's website, it is helpful too.

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