Sharing with a Domicile

[Paul]

I have identified a great site to locate my small distillery in a renaissance zone in a recovering downtown area in Michigan. Tax breaks, site improvement, low interest money, etc, etc. It is the basement and first floor of a four story brick building that is in the final stages of complete renovation, unfortunately the 4th floor is designated as condo/apartments which in the strictest interpretation puts it under "26 U.S.C. § 5178(a) a DSP can not be in a dwelling house or in an enclosure connected with a dwelling house."

There is a state of the art fire suppression system being installed and the DSP would be isolated and secure from the rest of the building as well. The TTB representatives are sympathetic and have encouraged me to speak with my congressman but their hands are tied with the current interpretation they are working under.

Has ANYONE received a variance to locate their DSP in any kind of shared facility? Any insight would be appreciated.

Thanks,

Paul McCollom

[Gwydion Stone]

"Connected with a dwelling house" means sharing an entry. On the federal level this is a revenue security issue, not a fire or safety issue. As explained to me by a field agent, as long as there are no common entries, i.e. an ordinary door from the dwelling to the distillery, you should be okay.

You may have greater difficulty with the local fire marshal though. I'd start there, because a local permit would be your weak spot.

[Jonathan Forester]

Gwydion has it right. Check with your local fire marshal, be VERY friendly and get to know them before bringing this topic up. Get him on your side, then talk about this. We are very friendly with our fire marshal and he actively helps us figure out how to do what we want in a safe and sensible way. (Or we teach him what he needs to know.) If he is satisfied, then TTB won't be an issue.

"Connected with a dwelling house" means sharing an entry. On the federal level this is a revenue security issue, not a fire or safety issue. As explained to me by a field agent, as long as there are no common entries, i.e. an ordinary door from the dwelling to the distillery, you should be okay.

You may have greater difficulty with the local fire marshal though. I'd start there, because a local permit would be your weak spot.