Section Skip to Main Content. Providing Assistance to Businesses and Serving Communities. Apply for a License. Apply for a new license For persons or entities seeking to open a new alcohol related business. Licensing Reports Weekly, monthly, and annual license data, including license searches by geographic location. Renewal Fee Waiver. Verify Eligibility.
Frequently Asked Questions. What are the types of retail licenses? However, use and registration of trademarks and service marks can be a complicated and treacherous landscape. The knowledge of an experienced attorney can help navigate the terrain of trademark law, and lead to an outcome of branding success. With new craft breweries launching every day, the competition for beer names is fierce. Once you select the names and design logos, you need to file trademark for these as well NOTE: if you have your beer names selected at the time you apply for a Federal trademark for the brewery name you can submit the applications for the beer names at the same time — up to 36 months before the launch of the beer itself.
Should you have larger ambitions, you may seek a more strategic location amenable to later expansion. A new brewery owner will most likely lease a building at the start, and negotiating a suitable lease is a crucial step in the process.
In a triple net, the tenant pays rent to the landlord, as well as a pro rated share of taxes, insurance and maintenance expenses. At the end of the lease year, the estimated amounts are compared to actual expenses incurred and adjusted depending upon whether the tenant paid too much or too little through its monthly payments.
The tenant pays a fixed amount each month, and nothing more. If a business owner has a key employee that is integral to its success , that employee should have a written employment agreement that provides for a fixed term of employment. A covenant not to compete can be included to deter a key employee from leaving to work for a competitor.
Absent this type of agreement, the key employee can leave at any time. Covenants not to compete must be narrowly tailored to balance the interests of employer and employee. Finding suitable financing for a startup venture such as a new brewery can be difficult. When private funds are sought, federal and state securities laws must be complied with. It includes partnership and LLC interests, promissory notes and many other financing instruments.
Securities must either be registered or exempt from the registration requirements of state and federal laws. Certain written disclosures and information must be made or made available to investors to they can have the appropriate information to make an investment decisions.
The disclosure requirements are the least for these sophisticated investors. However, even if you have an exemption from registration, liability for any fraud by the issuer still remains. The consequences for not complying with federal and state securities laws are severe and can include administrative, civil and criminal penalties. Thus, before seeking private financing for your new brewery, be sure to consult with an attorney knowledgeable and qualified to handle securities matters.
TTB collects Federal excise taxes on alcohol, tobacco, firearms, and ammunition and assures compliance with Federal tobacco permitting and alcohol permitting, labeling, and marketing requirements to protect consumers.
If you intend to make beer for other than family or personal use, TTB must approve your operations, recipes, beer labels and the like.
Background checks on directors, officers and significant owners are also required. This process typically takes months to complete. An example of the latter is a taproom license. In Minnesota, if the brewery intends to construct and operate a taproom where patrons can purchase pints of beer onsite at the brewery, the taproom license must be issued through the municipality, not the State of Minnesota.
Distribution is one of the most important, yet commonly overlooked components in the operation and success of a craft brewery. One option brewers have is to distribute themselves. Self-distribution has the advantage of personal, hands-on selling that beer distributors cannot give to most.
The FAQ also issues ABC statements on homemade beer and wine on licensed premises and beer and wine-making demonstrations at homebrew supply shops:. Business and Professions Code section prohibits licensees and any other person from having upon licensed premises any alcoholic beverages other than those which may be sold at the licensed premises pursuant to the license issued.
Since homemade beer and wine may not be sold by permanent licensees, such beer or wine may not be possessed on licensed premises. This prohibition applies whether the license is a manufacturing license such as beer manufacturer or winegrower or a retail license such as a bar or restaurant.
Department of Alcoholic Beverage Control. The aggregate amount of beer or wine with respect to any household shall not exceed 1 gallons per calendar year if there is only one adult in the household or 2 gallons per calendar year if there are two or more adults in the household.
Beer or wine produced by a beer manufacturer or winegrower as defined in Sections and , respectively, and licensed by the department, shall not be provided or served to the public within this area. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division.
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