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Separate Entrance?


fishinthefly

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I have been looking through the forum to try to answer this question but haven't found anything. I have an opportunity to open my DSP in the basement of a new boutique hotel that is being renovated in MPLS. It would be an awesome location and would benefit from having the hotel right upstairs. I have a couple of questions. 1. Is there a federal requirement that I need a separate entrance to the DSP? I understand there might be local restrictions on this as well. My second, is it going to be an issue with it being a hotel? Would it be considered a residential building?

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Thanks for reply. I have a message into the TTB as well. It looks like the bigger issue might with the hotel restaurant serving alcohol on the premises. I will reply back with the TTB's response.

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Welcome!

If the gray area for building code technically allowed it due to the interpretation of the word "residence" allows it, I could still see the city or state being a major hold up. A flammable liquid manufacturer in the bottom level of a hotel sounds like it would have a lot of red tape.

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I had to clarify to the TTB Specialist and even take pictures that I had a separate entrance to the bonded area from outside, the other entrance would have been through the tasting room, which was insufficient. I would just find another location, theres bound to be problems with the basement of a hotel, along with the hassle of getting equipment and pallets of your raw goods, etc.

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You don't need separate entrance to bonded area from outside, but you do need an entrance to the bonded area from outside that only traverses premises you otherwise own or lease: you could enter the bonded premise through a general premise or tasting room that has an entrance from outside.

You might get away with being in a building with a hotel above you IFF there is isolation between the premise you are located in and the residential component, and usually this should be deemed as a firewall. OTH, your local fire authority, if they allowed it at all, would likely force you to work within limits of B or F occupancy, limiting you to only hundred or so gallons of stored spirit.

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Thanks for all of the responses. I am appending the TTB response below which supports most of the comments as well. I think I am going to look elsewhere just to avoid the hassle and potential expense.

Regulation 19.52 (passed below) discusses restrictions on the locations of a DSP. Both item (a) and (e) could prohibit the DSP being in the basement of a hotel and item (d) could also be a problem if the hotel has a bar on premises. I also suspect that your proposed location may violate your state or local fire code. High proof Distilled Spirits can be flammable and even explosive.

§19.52 Restrictions on location of plants.

A person who intends to establish a distilled spirits plant may not locate it in any of the following places:

(a) In any residence, shed, yard, or enclosure connected to a residence;

(B) On any vessel or boat;

© Where beer or wine is produced;

(d) Where liquors are sold at retail; or

(e) Where any other business is conducted except as provided in §19.54.

Assuming you do find suitable premises. . You may find the following brief overview of the application process to be helpful.

The federal requirements to be a Distilled Spirits Plant (DSP) are essentially the same for the smallest to the largest DSP and for the various possible types of DSP operations. The regulations establishing those requirements are found in Title 27, Code of Federal Regulations, Part 19. You will want to review those regulations and specifically see Regulation 19.52 which discusses Restrictions on Location of Plants. For approval as a DSP at the Federal level, you must have secure premises to be used for your bonded spirits operations. Regulation 19.52 (passed below) discusses restrictions on the locations of a DSP. Both item (a) and (e) could prohibit the DSP being in the basement of a hotel and item (d) could also be a problem if the hotel has a bar on premises. I also suspect that your proposed location may violate your state or local fire code. High proof Distilled Spirits can be flammable and even explosive.

§19.52 Restrictions on location of plants.

A person who intends to establish a distilled spirits plant may not locate it in any of the following places:

(a) In any residence, shed, yard, or enclosure connected to a residence;

(B) On any vessel or boat;

© Where beer or wine is produced;

(d) Where liquors are sold at retail; or

(e) Where any other business is conducted except as provided in §19.54.

Assuming you do find suitable premises. . You may find the following brief overview of the application process to be helpful.

The federal requirements to be a Distilled Spirits Plant (DSP) are essentially the same for the smallest to the largest DSP and for the various possible types of DSP operations. The regulations establishing those requirements are found in Title 27, Code of Federal Regulations, Part 19. You will want to review those regulations and specifically see Regulation 19.52 which discusses Restrictions on Location of Plants. For approval as a DSP at the Federal level, you must have secure premises to be used for your bonded spirits operations.

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