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What states have legal brewery tap rooms?

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  • #16
    New York

    You can have a taproom at the brewery where you can sell by the glass as well as sell other alcohol, but you have to apply for a seperate license.
    David Schlosser
    Brewmaster / Founder
    Naked Dove Brewing Company
    Canandaigua, NY

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    • #17
      Arizona allows tap room sales "beer bar" with no food.
      Thanks,
      Rob

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      • #18
        Hi, I'm new and I don't know proper forum etiquette regarding whether to bump an old thread or start a new, yet similar one.

        Anyway, this thread is of interest to me and I wanted to bump it to see if anyone could add to the list of states. I'm in the exploratory stages of considering starting a brewery and I really want to open one somewhere that allows on-site taprooms without any food requirements. I am several years from actually trying to start anything, but my wife and I are considering moving out of Texas and we'd like to be somewhere that allows something like this.

        Also, does anyone know how the Draught House in Austin functions, making its own beer, selling other beers, and having very little food? Taprooms aren't legal in Texas so I'm wondering how they got around that.

        Thanks!
        Last edited by WoodBrew; 07-18-2011, 08:47 AM.

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        • #19
          florida

          Florida allows it. You have to have a 1COP license, brew less than 60,000 Bbl's a year, and be in a tourist area.

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          • #20
            Alabama, per this year's SB192 "Brewery Modernization Act" and the hard work of Free the Hops, joins the states in which breweries can SELL beer in tap rooms w/o food sales.

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            • #21
              Updated list

              Here's a quick list of the responses I've gotten from other brewers so it may not be 100% accurate.

              Alabama-SB192 "Brewery Modernization Act
              Arizona
              California
              Colorado
              Florida-1COP license, <60,000 Bbl/yr,tourist area
              Georgia
              Iowa
              Kentucky-with retail license
              Massachusetts- farmer brewer's license & local approval
              Michigan
              Montana
              Nevada
              New Hampshire- Nano brewery license-up to 4 oz per brand
              New York- with separate license
              North Carolina
              Oregon
              South Carolina
              Washington
              Last edited by MikeRoy; 07-19-2011, 06:23 PM.
              Cheers,
              Mike Roy
              Brewmaster
              Franklins Restaurant, Brewery & General Store
              5123 Baltimore Ave
              Hyattsville,MD 20781
              301-927-2740

              Franklinsbrewery.com
              @franklinsbrwry
              facebook.com/franklinsbrewery

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              • #22
                Texas

                WoodBrew, for what you want to do, leaving Texas would definitely be a good first step!

                Draught House is a brewpub, which means that they can sell their beer exclusively on site, for consumption on or off premise, and can also sell other products. A brewpub counts as a retail license and beer produced their cannot be sold anywhere else. Texas production breweries, on the other hand, can sell to wholesalers, or directly to the trade (if they're below the 75,000 bbl cap), but cannot sell directly to consumers for consumption either on or off site. We are allowed to sell merchandise, charge for tours, and give away free samples, but the availability of samples cannot be contingent on any other purchases.

                Cheers,
                Ron Extract
                Jester King Craft Brewery
                Austin, TX
                Jester King Brewery is a world-renowned maker of farmhouse ales and barrel-aged wild ales located on 165 acres of farmland on the outskirts of Austin, TX

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                • #23
                  Ron, thanks for your reply! I think what yall are doing is awesome and am planning to head down there some time in the next couple of months for a tour (and I'd love to have a beer with you, Jeffrey, and the rest of the crew).

                  Regarding Draught House, I guess I thought that brewpubs in Texas had to have >50% of their sales from food. It's been ~5 years since I've been to the Draught House, but I didn't think their food sales were anywhere near that.

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                  • #24
                    More States?

                    Is there a determinative list anywhere? I'm in Delaware and was hoping they were on the list.

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                    • #25
                      ohio

                      Ohio just changed the law so that a brewery can have a tasting room without an additional license and food requirement. I believe the exact details are not completely firmed up yet, but it goes into effect in mid-March.

                      If you're curious about a particular state, call their liquor control folks, or talk to a brewery already operating in that state..
                      Scott LaFollette
                      Fifty West Brewing Company
                      Cincinnati, Ohio

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                      • #26
                        Virginia

                        We've got a bill in our state legislature that will allow tap rooms/on-premise sales. It passed our state senate. Now it's up to the house.


                        Cheers,
                        Mike Killelea

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                        • #27
                          Minnesota has updated their laws to allow brewery taprooms

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                          • #28
                            Alaska allows them with some restrictions:

                            (e) ...a holder of a brewery license may sell not more than 36 ounces a day of the brewery's product to a person for consumption on the premises if:

                            (1) the brewery does not allow live entertainment, televisions, pool tables, dart games, dancing, electronic or other games, game tables, or other recreational or gaming opportunities on the premises where the consumption occurs;

                            (2) the brewery does not provide seats at the counter or bar where the product is served; and

                            (3) the room where the consumption occurs is not open before 9:00 a.m. and serving of the product ends not later than 8:00 p.m.
                            Clarke Pelz
                            Cynosure Brewing

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                            • #29
                              Originally posted by hellbentbrewco
                              Is there a determinative list anywhere? I'm in Delaware and was hoping they were on the list.
                              Not a Delaware lawyer but I think title 4, section 512(c)(4) of their statutes makes this OK for breweries small enough to qualify for the lower federal excise tax (which I thought was 20,000 bbl a year and under but haven't checked recently.). Probably whoever it is in Delaware who administers licenses could tell you. I think there are Delaware brewers who sell beer by the pint in tap rooms w/o kitchens, ie Evolution in Delmar for one.

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                              • #30
                                PA only allows it with a brew pub license, which means you have to sell food, have a minimum square footage and lose the ability to self distribute. A law was recently passed allowing the PLCB to change this and have breweries sell on-site, but they have chosen not to.

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