Nano Brewery on Residential Property?

[kdjones24]

Hey Brewers,

I live in Texas and am trying to figure out if it is legal to operate a non-brewery out of a building I have on my residential property that is not attached to my residence? Can I get licenses approved, etc if the building is properly outfitted? Any insight you've got I'll take.

Thanks!

[Junkyard]

If your residence is zoned residential then most likely not. If it is in a commercially zoned area then yes.

[beerlawcenter]

If your residence is zoned residential then most likely not. If it is in a commercially zoned area then yes.

It's actually not as simple as that. You have *at least* two different issues to contend with here: your local zoning and your state ABC regulations.

For the ABC, you need to find out a couple of things:
1) does your ABC allow "farmhouse wineries" or "farmhouse breweries?" - it's pretty typical to have a winery on a residential lot or in a residential zone. And, that's typically allowed in many/most jurisdictions (it's okey dokey at the federal level). Some states put restrictions on this and make distinction between wineries and breweries. Some states don't. Call your state ABC and ask if a brewery can be located in a residential zone or on a residential piece of land. (by the way, recall that most states don't recognize a difference between an nano-brewery and a large packaging brewery, it's still a brewery - so the size/production is unlikely to matter)
2) does your ABC allow mixed residential and commercial uses in the same building? And, does that change if the building is a single family residence? For example, in NC farm breweries are ok. And, breweries on a residential lot are ok. But, here the ABC requires that the brewery be located in an adjacent building - the brewery building/space cannot touch the residential space/building (they can't even share a wall) - they must be separated by an air gap.

For your local zoning, you need to find out a couple of things:
1) depending on whether you're going to operate a taproom, will the planning division (county, city, etc.) allow you to host the public for a commercial business at your residence?
2) will the local zoning folks require special changes to the premises for your use (like parking, signage, approval of your neighbors, etc.)?
3) will operating - even a no taproom brewery - violate any local zoning or property covenants for your location?

Good luck!
John
john@beerlawcenter.com