rewyanc2k

Got it figured out, thanks for the replies.  They had a different e-mail than the one on file in my PONL account so there was a disconnect between my original application and approved application.  Anyhow, submitted on March 21, 2016 and received approval on November 4, 2016 (228 days).  Went through 4 rounds of comments and questions and finally received approval.  However our setup is a bit unusual as it is located in the basement of a historical hotel.

Just wondering if everyone's online documents and status were updated the same time the approval e-mail was sent. I received my approval email but the online application has not updated at all. 

New start up distillery in Virginia Beach, Va looking for a Master Distiller. We are looking for a knowledgeable, passionate, and creative Master Distiller for our new distillery located in the historic Cavalier Hotel (http://www.cavalierhotel.com/the-cavalier/) in Virginia Beach. Our distillery is in the heart of the Virginia Beach tourist district and only steps from the Atlantic Ocean. The distillery will be have a full operational distillery, tasting room, and restaurant/bar located next door.

Duties:

• Responsible for entire distilling and quality control process and therefore should be well versed in scheduling, distilling, aging, and packaging operations
• Day-to-Day operation and management of distillery and its employees
• Management of raw ingredient inventories, ordering, and quality
• Record keeping
• Barreling and barrel aging management
• Packaging
• Quality control
• Creation of new products
• Equipment and systems maintenance
• Attending events, festivals, competitions, etc...

Knowledge and Experience:

• 3+ years of distilling experience in a permitted craft distillery
• Must have experience at all stages of distillation process from grain selection to bottling
• Must have experience distilling whiskey, rum, gin, vodka, and bourbon
• Ability to operate and maintain all distillation equipment
• Knowledge of federal TTB laws and reporting requirements
• Compensation will be commensurate with experience

The Master Distiller will be responsible for developing the distilleries portfolio of brands. This position requires a creative mind, managerial experience, attention to detail, and a passion for quality spirits. The head distiller will manage and oversee all aspects of the distillery operations. The Master Distiller will be responsible for overseeing and managing both the Assistant Distiller as well as and hourly employees working in the distillery. This is not a 9-5 job, when late nights are required to meet production needs it is expected that the master distiller will be there. We want someone with passion and enthusiasm, who can work as part of the team, be creative and have fun, and ultimately develop a successful portfolio of brands for our company.

Construction of the distillery is underway with an expected opening date of May 2016. We are looking to hire someone in advance to be part of the design, development, and coordination of all pre-opening activities. Therefore we are flexible with regards to starting date and hours.

Please send inquires or resumes including any accomplishments with your salary requirements and availability to: josh@backbaybrewingco.com

Just trying to gauge the amount of traffic everyone is getting in their tasting room for planning purposes. Any rough numbers would be greatly appreciated. I am trying to do some projections on number of visitors, tastings, and on site retail sales.

Thanks

Andrew

I have advised people to run from buildings that are eligible for historic status, but that advice is certainly not etched in stone. It is tempered with an admonition that before one runs, one should consider the value of the location.

Whether to run or not should be a business decision. As you point out, locating in a building that is eligible for, or has been listed as, a national historic monument can certainly be an “asset” worth purchasing with the investment of your time.

I might even learn to do a backflip if someone promised me eight to ten times the business out the door.

The important point is that you are not bared from establishing a DSP in such a location. I am not an expert in this matter, but here is what I think I know about it. It will give you a basis of asking your questions to persons who purport to be experts, and they are easy to find on almost any subject.

· The NHRP is the official list of the Nation's historic places worthy of preservation.

· The National Register is administered by the National Park Service under the Secretary of the Interior.

· According to the NPS - Owners [of property on the NRHP] can do anything they wish with their property provided that no Federal license, permit, or funding is involved.

That brings us to a potential giant “whoops.” If you want to be a DSP, then a federal permit is involved. On the other hand, you may not be the owner of the property. Where does this leave you?

Here is what TTB says about its involvement in the issue.

· Any Federal agency which authorizes activities which may impact on properties included in or eligible for inclusion in the National Register of Historic Places is responsible for evaluating the nature of the impact and reporting its finding to the Advisory Council on Historic Preservation.

· Since the TTB issues permits … which may affect construction or use of historic properties, we must take the potential impact on such activities into account when considering whether to authorize such activities.

That is a statement of what they are required to do. But what do they actually do? I don’t know, but let’s look at their further advice on the matter:

· If your proposed premises are included in or eligible for inclusion in the NRHP and you plan to make any changes to construction or use of those premises, we strongly recommend that you contact your State Historic Preservation Office early in the planning process, and follow state guidelines. Failure to do so may result in delay of your permit or registry, or request for additional changes to your premises.

The emphasis is mine. Note that TTB does not say that you must contact the State Historic Preservation Officer. They “strongly recommend” instead.

Also note that TTB does not say, in this bit of advice, “We are going to evaluate your project and reporting our findings to the Advisory Council on Historic Preservation.” It does not say, "We will take the construction required or the use into consideration when it decides whether to approve your application.” It instead strongly recommends that you do that.

I have not been involved in such an application, but I recall from my past life, that they simply made note of the fact and let the appropriate agencies do the heavy lifting. In that regard, if you look at the "other required documents" that you must submit with the application to register the DSP, there is no mention of requiring, as a part of the application, any further information if you state that the premises is eligible for consideration, etc. Also note that when you check the "yes" box on the question on the permit application form, they do not provide any link to further explanations they will require if you answer yes, as they do in many cases. I conclude that they do not want the information because they will do nothing with it. Do I know that? No I don't.

That does not mean that you should just check yes and go blithely on your way.

Somewhere there is someone, in some office, who has some power, who does care. That someone, whether it is TTB or another agency, may step in with a long list of requirements.

That said, it sounds as if you may be locating within a building that someone else has proposed to list on the national historic register. So here is some perhaps obvious advice. Begin by talking with them the persons who are developing the project. If they have applied for historic status, they will probably have employed an architect who understands the rules and who is guiding them through the process. Someone has probably been in contact with all of the appropriate agencies. If they are converting the building to commercial space, they will probably have sought answers to the questions that potential tenants may ask.

Finally, while I’m not an attorney, you might ask one whether you should include, in the lease, an escape clause in case someone who has the power to approve denies the use of the premises as a DSP or makes it just too darned expensive to consider. That is good advice in general, which may be confirmed by anyone who has had a go around with the local fire marshal, wetlands preservation people, or water authorities.

So my advice is, “Don’t run.” Check first, and then see if, the facts in your very particular case, you think running is the correct business decision.

DH:

Thank you for that very detailed response, great info. I am going to talk with the architect about this now and get an opinion from our attorney as well. I just wanted to have some background before i did so. So you have been a great help.

If it is historic and so registered, the issuance of the DSP will be far more difficult. You will have to involve several more government agencies and the time added is exponential. I speak from experience.

If it is not so registered at the time of application, then say NO and get it done before it becomes one.

Mash,

so here is my issue, the foot traffic at this location is probably 8-10X what it would be at any other location I am considering. so by difficult, do you mean not worth it even if my tasting room and on site sales would be 8-10X greater in that location. and do the Fed's look at the permit application differently, as far as operations, layout, etc... I'm still not understanding exactly what is different about a historic location other than you have another agency looking at the application. We aren't making any modifications to the exterior of the building.

I noticed on one of the applications where it asks if the Distillery will be located in a building that is on the register of historic landmarks. Can anyone tell me why they ask this and what the implications of that are. We are looking to put our operation into a building that currently has an application in to be added to the National Register of Historic Places. I am trying to figure out if that delineation is going to hurt or help us in the long run.