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?
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Do I need a brewpub license, or just a brewers notice (Michigan)
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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.lawLast 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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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.
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Originally posted by jbductile View PostI'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?
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