Jump to content

Just so I am clear....


Malibu-Matt

Recommended Posts

This is probably a dumb questions but I am going a little numb reading about all this stuff. From what I gather this is what I have found on where you can place a distillery off the TBB page:

[i]Sec. 19.131

Restrictions as to locations

Distilled spirits plants shall not be located in any dwelling house, or in any shed, yard, or enclosure connected with any dwelling house, or on board any vessel or boat, or on premises where beer or wine is produced, or liquors of any description are retailed, or (except as provided in Sec. 19.133) on premises where any other business is conducted.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1353, as amended (26 U.S.C. 5178))

This was last updated on September 17, 1999[/i]

Is that is? Does this mean you can build a structure on your property to do this (I live rural on several acres in WA)? What are most people doing? I assume leasing space somehwere. I understand it varies on size of production but the way this reads it is fairly vague.

Link to comment
Share on other sites

To the best of my understanding if you site on a farm or other property that has a dwelling house, there has to be a definite separation between your operation and the distillery. I was told, when I called the TTB, that a physical separation like a fence row or line of trees plus a distance "of note" would suffice.

In contrast, we first looked at a historic building that been subdivided. One unit was rented as an apartment. That made the entire building a dwelling house and off-limits.

Give the TTB a call and explain your layout. They're good about helping with questions like this.

-A

Link to comment
Share on other sites

On the other hand, the first building I looked at was also a historic building and had two condos in it, and the TTB field agent told me that if the DSP was completely separate from the residence, with compliant locks and security and no adjacent entrances (i.e. no doors directly from the residence into the DSP) that would be fine.

Like Andrew says, once you get a spot you're interested in, call your field office. Also make sure there aren't any local ordinances that would be a hindrance.

Link to comment
Share on other sites

Look at zoning the area on your property that you need for commercial use. Start with your local county for the proper permits. It will help to establish the line between your dwelling and your distillery. It also helps to separate your residential from your commercial taxes. It is very nice to be able to walk to work!!!

Link to comment
Share on other sites

  • 4 months later...

Hi All:

I am in the midst of site selection here in Michigan and had identified a great location in a 4-story historic building which is being restored. Bottom floor is for commercial and they are very enthusiastic about me locating my micro-distillery there. Floors 2 & 3 are for offices but top floor is for condo apartments. Spoke with TTB at National Revenue Center and they were very nice but said that they would not approve variance because of fire hazard of distillery!!

This is contrary to above posting where their stated concern was security. Is it worth pursuing this with local TTB which I believe is in Chicago or am I dead in the water?

Thanks,

Paul McCollom

Link to comment
Share on other sites

This is probably a dumb questions but I am going a little numb reading about all this stuff. From what I gather this is what I have found on where you can place a distillery off the TBB page:

[i]Sec. 19.131

Restrictions as to locations

Distilled spirits plants shall not be located in any dwelling house, or in any shed, yard, or enclosure connected with any dwelling house, or on board any vessel or boat, or on premises where beer or wine is produced, or liquors of any description are retailed, or (except as provided in Sec. 19.133) on premises where any other business is conducted.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1353, as amended (26 U.S.C. 5178))

This was last updated on September 17, 1999[/i]

Is that is? Does this mean you can build a structure on your property to do this (I live rural on several acres in WA)? What are most people doing? I assume leasing space somehwere. I understand it varies on size of production but the way this reads it is fairly vague.

It also seems to help if the building has its own address. We used a barn just down the road, maybe 200 feet max, from our other structures (house, barn, garage). Our town required us to go through a change of use process to go from farm to retail (apparently in their view retail is more of a change than winery/DSP but I digress). This also meant a new address for the barn thereby making it a seperate place.

Cheers,

Keith

Link to comment
Share on other sites

Montana requires a location separate from the home with a different mailing address and abiding by any local zoning ordinances. We also own/live on a sizable piece of property. The TTB does not have a specific distance listed that the home and business must be separated by. Thus far, working with the local and state regulations has been a pleasure.

Link to comment
Share on other sites

Our first choice of location was a 3 story historic commercial building with the top floor serving as an apartment. Separate entrances etc. The folks I talked to at the TTB said it very probably wouldn't fly, contingent on application inspection (the application, of course, requires a signed lease). So we walked away.

I've since seen postings saying that a separate entrance makes a difference, but in our case the entire building was dubbed a dwelling house.

-A

Link to comment
Share on other sites

A quick update. I have formally emailed TTB and requested a variance with respect to domicile issue. There is a substantial fire suppression system being installed on each floor of the building, with twice the flow rate in basement and 1st floor as in remainder of building (where I will locate). The city really, really wants us in this building and will go to bat with official support if I desire. I am holding off on that at the moment.

If I cannot get a formal ruling from TTB without a signed lease then I will sign one for this site contingent on TTB approval. In that way I have no obligation if I cannot get approval.

Paul

Link to comment
Share on other sites

  • 4 months later...
A quick update. I have formally emailed TTB and requested a variance with respect to domicile issue. There is a substantial fire suppression system being installed on each floor of the building, with twice the flow rate in basement and 1st floor as in remainder of building (where I will locate). The city really, really wants us in this building and will go to bat with official support if I desire. I am holding off on that at the moment.

If I cannot get a formal ruling from TTB without a signed lease then I will sign one for this site contingent on TTB approval. In that way I have no obligation if I cannot get approval.

Paul

Any update on how that worked out Paul?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...