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Brewery - Setting up "Alternating Premises" to be able to brew cider or wine?

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  • Brewery - Setting up "Alternating Premises" to be able to brew cider or wine?

    We are a brewery in Ohio...I have not yet been able to reach the TTB on this issue, but I plan on calling them again soon. In the mean time:

    Is anyone operating as an "alternating premises" as a way to brew a small amount of cider or wine in their brewery? We are a small (less than 1000 bbl) brewery, with our main income source being the taproom. It would be advantageous for us to draw in a cross-crowd by selling a little bit of wine or cider, perhaps fermented in an oak barrel or two per year, to be sold only at the taproom.

    Does anyone know the feasibility of this? Are there space requirements? Do you have to prove the ability to produce a certain amount of product? Is it necessary to have a physical separation between areas?

    Thanks for the help!
    Sean

  • #2
    I expect the TTB and your state regulator will tell you that you can't sell the wine or cider in your taproom without it going through normal distribution channels and appropriate permitting on your end to serve wine or cider in the taproom.
    DFW Employment Lawyer
    http://kielichlawfirm.com

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    • #3
      Brewery/winery alternation

      It would be advantageous for us to draw in a cross-crowd by selling a little bit of wine or cider, perhaps fermented in an oak barrel or two per year, to be sold only at the taproom. Does anyone know the feasibility of this? Are there space requirements? Do you have to prove the ability to produce a certain amount of product? Is it necessary to have a physical separation between areas?
      Hello,

      TTB does allow for alternation between use of your space as a brewery and as a winery. You will need to designate what space/equipment is shared, and provide TTB with a few extra documents to make the request. You will need to amend your brewer's notice to reflect the alternation, and to file a new application for a winery that also describes the alternation.

      TTB does not care about selling your own wine or beer on premise, as long as you separate your bonded area from your tasting room, and secure non-taxpaid alcohol beverage products.

      All of that said, your state may not allow you to (A) have a winery in the same building as a brewery, or (b) serve your own wine on premises. Some states allow it, some don't.

      I hope that is helpful. Let me know if you have any questions.

      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, 11:10 AM.
      Dan Christopherson
      Christopherson Brew Law
      Littleton, CO 80128
      (720) 515-8773
      dan@brew.law
      brew.law

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