Jump to content
ADI Forums
jumpstone

Can a distillery and residential space be together in a Mixed use building?

Recommended Posts

We are early in the process and are still doing business planning while we are looking for a location for our distillery; we own real estate in a re-development district where the zoning allows and encourages mixed use.  The local officials have already approved having the distillery (as well as other commercial uses) along with residential units, in the same building, with separation/firewalls/sprinkling.  Some of what I have read as I look at the ATF regs makes me concerned about this. 

§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;

(c) 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

 

 

Does anyone know if we will have problems with licensing approval with the residential use in the same building?  Thanks for any information!

Share this post


Link to post
Share on other sites

While nothing is impossible, you may have a very hard time getting that past the feds. They almost didn't approve my application because my DSP was located 100 feet from a residence located on the same property parcel. They asked me to put up a dividing fence between the residence and the building where the DSP is located. I would anticipate they would deny your application, but it's worth trying.

My day job is in insurance. I brokered my own insurance policy for my DSP. Your insurance carrier would be very very adverse to having a mixed use building where a DSP is located, particularly residential. That may also be a big stumbling block even if you can get it past the feds. You should have a serious conversation with your insurance agent/broker about eligibility.

Share this post


Link to post
Share on other sites

Jumpstone, talk to Laura at You and Yours in San Diego. She can tell you what she went through in regards to opening a space inside a residential area. We looked at doing the same thing, where it was commercial on the ground floor with apartments overhead. It can be done, but you need to know the CFR's.

We are working with a local ABC Consultant that also does TTB work. I highly recommend them, or someone like them to help navigate you through the process. 

 

Share this post


Link to post
Share on other sites

jumpstone,

     I work with several distilleries that are in mixed use locations (distillery on the main floor and condo homes above), as well as ones that share the same parcel of land as their own private residence.  If you would like to reach out to me at some point I could potentially put you in touch with some of my clients who have gone through this process.  

 

     Oh, and @Silk City Distillers, that is where you tell him to contact me ....... not just some random insurance guy :) 

Share this post


Link to post
Share on other sites

PM me and we can discuss this - no charge for the first talk. You are right to be concerned, but it is certainly doable.  That said, every situation is different and I don't like to offer specific comments in the forum, because I am pretty sure that at least some people would misunderstand how they might apply to their different situation.

That said, all situations are similar in that,  in all cases, the principal issue is curtilage, a term that TB does not employ,  but it is nevertheless at the heart of the matter.   You can look it up in a legal dictionary.  I've helped maybe ten persons through the process.  That includes mixed use buildings and DSP's in a separate building on the same tract of land as a residence.  I've also posted about this on other threads in this forum, but have no idea how to find them.   

I will say that safety is not a TTB concern.  Safety is a state and local issue.  State and local come first.  Then TTB.  

Share this post


Link to post
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

×