crc32

Wow! Thanks for such a detailed response!

I am looking at starting a micro distillery. 5 years ago, I started a hotel which has a liquor license. Unfortunately, I'm a guarantor on all the loans for the hotel, and removing me from that is not possible.

Will this be an absolute bar to a DSP license? My state laws (NC) seem to allow for a discretionary exception to be made, but I see no such language in the Federal law. However, the Federal law is written seem only to block activities "to induce ... any retailer ... to purchase any such products from such person to the exclusion in whole or in part of distilled spirits ... offered for sale by other persons ..." (relevant statute quoted below).

Based on that, it seems like I would not be violating this section if I guarantee a loan, but do not induce my hotel to purchase my spirit. Perhaps by prohibiting my hotel from buying my spirit?

Has anyone had any experience with these tied house regulations in this kind of situation? Once I start the distillery, my active involvement with the hotel will be zero.

27 USC Sec 205:

To induce through any of the following means, any retailer, engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce:
...
(2) by acquiring any interest in real or personal property owned, occupied, or used by the retailer in the conduct of his business; or

(3) by furnishing, giving, renting, lending, or selling to the retailer, any equipment, fixtures, signs, supplies, money, services, or other thing of value, subject to such exceptions as the Secretary of the Treasury shall by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection;

...

(5) by guaranteeing any loan or the repayment of any financial obligation of the retailer; or
(6) by extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions, as ascertained by the Secretary of the Treasury and prescribed by regulations by him; or
(7) by requiring the retailer to take and dispose of a certain quota of any of such products
...

As a (no longer practicing) attorney, I can understand your concern zrmcm1. However I believe now that this is an entirely online application, the formatting is taken care of for you. When I used to file trademark applications on paper, it was a pain ensuring everything was properly formatted. Now, it's a breeze.

I have a 7A on a different project (non distillery), and have had it for about 3 years now. It worked for us at the time, but it is a huge pain in the rear now. ALL of my assets are locked up by it.

We're looking at a 504 (green) for another project (also non-distillery), and that program looks very promising. Much easier to deal with once it is in place than the 7A, but harder to get initially.

To answer this question:

*** DOES PAYING CONSTRUCTION CONTRACTORS COUNT TOWARD JOB CREATION? DO WE QUALIFY AS A MANUFACTURER? ***

I believe you can use construction jobs toward the job creation requirements, however you don't get to count them 1:1. Depending on your area, you have to discount them since they're transient. We also have a HUD Sec. 108 loan, and that has stringent job requirements as well - more stringent than the SBA loan - and even that program allows partial counting of the construction jobs.

I don't know if a distillery would be qualified as a manufacturer, but I believe it would.

If you do go the SBA route, get ready for the *complete* exam. It's quite a bit more thorough than many regular bank loans I've received over the years.