TTB vs. State

[frazeejf]

We are building a common brewery with a tasting room. Since we plan to serve beer in the tasting room directly from 10 bbl serving tanks our TTB specialist is saying we need a brewpub license from the TTB, rather than a standard brewery license. Our concern is that the state will force us to have a brewpub license and thus sell food and have a kitchen, etc. We have no interest or money to build and run a restaurant. Apparently the TTB is cracking down on brewery tasting rooms and how they serve and determine tax on beer. They know that many tasting rooms are in violation. Have any of the other tasting room applicants had this issue? Has anybody received a brewpub license from the TTB and a regular brewery/manufacturer license from the state without any issues? We have been told by the TTB that the state should not care about what type of TTB license you are issued. They are two totally separate licenses and they don't have to match. We feel uncertain about just taking their word for it. We are in Colorado.

Thanks - John
303-522-0995

[schlosser]

The easy way around this would be to have your serving tanks in an area that is not bonded. That way you pay tax when the beer goes to the serving tank and it would be no different than if the beer was leaving the bonded area to the tasting room in a keg. Bonded areas can be separated from non bonded areas with walls or with a painted line.

You will be paying tax up front, but on the volume you are looking at its not a big deal.

Cheers,
Dave

[cinderblockbrew]

If you were only put the brewery area in the drawing you submit would this help? Do you have to show your tasting room? If you kept your tanks out of the bonded area do you just show that on your drawing?

How did things end up working out?

Thanks!