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Opportunity to submit model local ordinance


jchaney

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This is my first post and this question may seem a little naive and overly optimistic.

I am in the process of getting the county to allow for a distillery. Since this is a first for them I am looking at this as an opportunity to present suggested changes to the ordinance. I certainly want it to be as flexible as possible and fit my specific circumstances. I have a 10 acre farm with lots of spring water, a creek and a pond. I do not have county water or sewer.

Things that come to mind at first thought are limiting the annual fee, avoiding a tax related to production, ensuring that I retain the right to provide samples (i am in the Bible Belt) for tours, disposal of byproducts, being able to operate 24 hours 7 days a week, and most importantly having distilling recognized as an agricultural or farming activity (In my county there are zoning exemptions for farmers).

Are there any other considerations or examples of good local law that have been helpful in your jurisdictions.

Thanks in advance for any input.

Justin

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Are there any other considerations or examples of good local law that have been helpful in your jurisdictions.

The best example of "good local law" is the one where they get the F out of the way and let you run the business your way. There should not be a local tax on your production, maybe your sales, but not your production. There should only be an annual fee if it goes to an agency that's suppose to "oversee" your operations, too often taxes/fees in this industry go into the "general fund". Make every effort to set the precedent where you get to operate like any other business, rather than to create special circumstances covering every aspect of how you do what you do because your final product is beverage alcohol.

Best of Luck,

-Scott

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Better look on a State level as usually local defers on matters of hold back for "samplin," taxes, etc. The State will rarely allow you to obtain a license if you don't go through local permitting first, i.e., a Conditional use permit, etc. Also beware of connected dwelling premises on a Federal level. Plenty of people have been shot down on farm applications (not counting permit for industrial distillation for ag use) because the Feds consider the entire 10 acres connected to the dwelling house. It's kinda a case by case thing with lots of discretion available to the local TTB officer. May have to cleave off the land you want to use and have that as the bonded premises. Just some thoughts from a gal 90% through the total app process and waiting for Fed action. Good luck.

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Also, go to your local Farm Bureau or contact your state university's Ag Department. These guys know the law and will help you out tremendously with navigating the rules and regulations (especially the exemptions) for farm related activities. In many cases they will be able to point you in the direction of legal counsel who can help you out if they don't provide that for you. Start talking to your local (city and county) first. Talk to your fire marshall, who should know the NFPA codes and exemptions which will help you in describing what you are doing to others who need to know. Talk with your city and county clerks to find out who you will need to approach and talk to. I found many of these people more than helpful in my jurisdictions as creating jobs and opportunity seem to trump in this economic climate. Good luck and report what you find out as it may help others.

Rick

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