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