California taproom regulations

[mcbrew]

Hi Probrewer folk,

I'm doing some feasibility research for a possible small production brewery in California. Despite a thorough search on the TTB/ABC websites, and the search function on Probrewer (and the wider internet), I've been unable to find any clear information on the regulations/restrictions associated with having a taproom on the production premises. I realize how essential this retail revenue would be in order to make a micro viable, if they are only otherwise wholesaling (self distributing in CA). The information I am seeking would be regarding such things as: restrictions on opening hours, percentage of product sold at retail, serving size, number of servings per person per session, physical separation from the brewery floor, food serving restrictions, zoning issues (ie. is it more restrictive than production alone), insurance (public on premises), bathroom facilities, etc.

I'm aware that the reg's were relaxed for CA taprooms in the last year or two, so as to make compliance easier. Any California operations that can share knowledge, or point me to the resources where I can find it, would be most appreciated - I know your time is valuable. I'm sure the information would become available during the permitting process, but I'm nowhere near that stage yet.

Cheers.

[sw341034]

You touch on a whole host of issues and likely your answers will be found from a host of different sources. Zoning, hours, etc. will likely be a city question. Brewery separation is a TTB thing. You get the idea...The interwebs are a good starting point but I would suggest placing a couple of phone calls (or even in person visit to some of your local offices). Most of the agencies are full of good people who are happy to answer your questions and point you in the right direction if they have no answer. Plus if you seriously planning on opening up shop, a good personal working relationship with those folks will pay dividends in the long run.

[admin]

Contact your state guild, in this case that would be the California Craft Brewers assoc.

Admin

[obvance]

One piece of advice I have always heard from California brewers is to get your license to brew first then apply for your tap save you much time if there are any protests or issues on this. As far as requirements on what and when you can sell as far as I can tell it depends on the mood of the person handling your application and which way the wind is blowing. One brewery I know has two tap rooms just a few miles apart and one can sell pints and the other only 4oz tasters.

[porter]

Most of the restrictions you are asking about are going to be up to the local (city) authority. I'm pretty sure there are no rules governing serving sizes, % of retail vs. wholesale in the CA state code. They do specify that a tasting room does NOT serve food-

"(12) Premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, that comply with Section 118375, for the purposes of beer tasting, regardless of whether there is a charge for the beer tasting, if no other beverage, except for beer and prepackaged nonpotentially hazardous beverages, is offered for sale for onsite consumption, and no food, except for crackers or pretzels, is served."

Health department involvement is also going to be on a local basis as the city could choose to ignore the legislation passed in CA in Aug 2011 about tap rooms. I know for a fact that Orange County still requires health department approval.

The TTB cares about whether you have separation in the facility for a tasting room in a few ways. They want separation so that no one will tamper with the product (sounds crazy, but these are their words), also, under federal law, you cannot manufacture and sell retail in the same premise without requesting a variance- which is very straightforward and easy to do as long as you can quote the right parts of the law.

The TTB is more rigid than ever about separation and in most cases want a 6ft+ wall to separate tasting area from production area. Otherwise you have to install locking devices on every tank in your brewery.

Hope this helps.

[Fullcourt]

I agree with everything Porter has just said. He just went through it all to get permitted in Torrance.
In my capacity as a Commercial Real Estate Broker, I just found space in Monrovia for a 1 BBL brewery that just received their CUP approval from Monrovia Planning. Just about all of the conditions imposed on the operation concerned the tasting room. The city is not concerned too much about manufacturing, as long as you are in a manufacturing zone.
Monrovia proved to be very accommodating to the young brewers, as I am sure Torrance was for Porter. That is why there are so many breweries in Torrance.

The California Craft Brewers Association (CCBA) just announced an ABC workshop in San Diego on Tues, Feb. 12. Go to their website to get more info.
http://californiacraftbeer.com/. Going to this also gives you an excuse to visit some of the great breweries in San Diego.