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Distillery proximity to a church?


Chasin' Tales

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I've read through the CFR's numerous times and don't recall seeing anything regarding this, but want to make sure I didn't overlook something. Are there any federal regulations governing the minimum distance, if any, a distillery would have to be located away from a church?

I am looking at leasing a space that is located across the road from a church. Both the space available for lease and the church are located back off the road a good ways. The space is a good fit at a decent price. Just making sure being located across from a church won't trip me up.

Thanks in advance for any information.

Dirk

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You'll usually find this in the state or city regs. You should not only check the distance but how they measure the distance. It could be measured "as the crow flies" or down the sidewalks from the closest points on the property lines. Also, the regs may not only specify churces but also prisons, playgrounds, schools, nursing homes...

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You'll usually find this in the state or city regs. You should not only check the distance but how they measure the distance. It could be measured "as the crow flies" or down the sidewalks from the closest points on the property lines. Also, the regs may not only specify churces but also prisons, playgrounds, schools, nursing homes...

Absolutely correct. The deeper question to ask is difference between manufacture and retail sales. The ordinances usually read 'cannot sell' , not 'cannot manufacture' since most of the folks writing those things up haven't a clue of what they are doing.

And it's most likely going to be on the town level. In our town we can manuf, but not sell retail within 500ft. Tricky part is whether that's property line to property line, or center to center of property, etc......

And what's on the books when you get your permit may change prior to you starting up. Depending on the church, they may back you on this though.

All bets are off if it's a school also on the church grounds.

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Just an example, I know the state of Tennessee has some funny laws associated with that where you can't have a bar or liquor store within 800 ft. of a church. Definitely check your state regs and, if you can't get ahold of the actual document(s) yourself, ask several sources before you assume that your first answer is right.

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We are working through this same question ourselves for one of our potential locations. The adjacent property has an old gas station building that has been repurposed as a Baptist meeting house. We will be interested if there are any federal requirements, but we don't think there are. On the other hand, there often are state, county, and municipality restrictions.

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This can be a deal breaker on a local level, especially if the church gets up in arms over a distillery locating so close by. This happened in the county next to me. The link below is to an article about the Meckenburg County, VA Planning Commission's meeting - the church members showed up to protest. (it is the second topic in the article, so read down)

http://vancnews.com/articles/2010/01/08/south_hill/news/news09.txt

After the protest, the distillery owners decided not to pursue their plans.

Sharon

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I had members from a local church oppose my distillery, even though they weren't next door. I was more than 500' from a church or school, yet they came (about a dozen) to vocally oppose granting a variance for my business. The chairman of the Zoning Board was an Evangelical Christian, and deeply opposed on religious grounds. Thankfully, religious views were not part of the decision process and I got my variance.

You should be aware that the aroma of whiskey mash, happily fermenting yeast, and maybe whiskey will on occasion make it's way towards the church. I also wouldn't do any work or have the distillery open during church services.

I'd check your state laws. That's a likely place where there might be restrictions.

But regardless of what the law might be, do you really think it's a good idea? Maybe you should attend the church one Sunday and introduce yourself to the pastor. The reaction you get may help you make your decision.

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I had members from a local church oppose my distillery, even though they weren't next door. I was more than 500' from a church or school, yet they came (about a dozen) to vocally oppose granting a variance for my business. The chairman of the Zoning Board was an Evangelical Christian, and deeply opposed on religious grounds. Thankfully, religious views were not part of the decision process and I got my variance.

You should be aware that the aroma of whiskey mash, happily fermenting yeast, and maybe whiskey will on occasion make it's way towards the church. I also wouldn't do any work or have the distillery open during church services.

I'd check your state laws. That's a likely place where there might be restrictions.

But regardless of what the law might be, do you really think it's a good idea? Maybe you should attend the church one Sunday and introduce yourself to the pastor. The reaction you get may help you make your decision.

I appreciate the considerations! The location I'm looking at sits a good deal away from the road. The layout of the buildings in relation to the church is such that I don't think the church will have any idea what's going on across the road. Since I'm not able to have a tasting room or sell directly to the public, I'm not going to have much in the way of signage to advertise my location. The building I'm looking at is zoned industrial. So far there's no issues with the local government.

It looks like the church issue is a non-issue for me.

Thanks again for all the help!

Dirk

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  • 1 year later...

I'd like to revive this thread.

There is a United Methodist church in the vicinty of a site we're looking at. Our permiiting process would require public notice and comments, and I'm wondering if anyone has any feedback on this particular denomination. Some internet research suggests it might not be so tolerant of spirits. Just trying to figure out if it would be best to approach them with the plans in advance, or just wait until the ball is already rolling and public notices sent out?

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My input doesn't answer your question directly, however I did want to offer my startup experience. With so many things to worry about when starting an operating Distillery, I am thankful other people's obviously "biased" opinion on my location is not something I have to concern myself with. My point being, spend as little time as humanly possible on this, and have a backup location ready at the slightest sign of resistance. We switched locations 4 times before finding the place we settled on and currently operate from, and looking back, making the move to where we are now was a total blessing (no pun intended). Our move was based around water, not religion or the like. Believe it or not, you might even find a place where the neighbors want you nearby too. Best of luck, Scott

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