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must buy the product at retail for events/ can only come out to educate SPECIAL EVENTS Sampling can occur off-premises if establishment has permanent seating capacity of 50+, not more than sampling of 4 products at a time, samples less than 1/2 oz per product FOR PROFIT EVENTS Yes OTHER: ALLOWED TO HOLD EVENTS ON SITE? Yes ALLOWED TO HOLD OTHER LICENSES? Yes, as a separate

entity/building. Must have separation between tiers % GRAIN FROM STATE No requirement SEPARATE LAWS FOR BRANDY?

No

More bottle sales on site, Sunday sales, Sell bottles at licensed events

SOUTH DAKOTA 7 LICENSE CLASSES Distilling License; Artisan Distiller license 3-TIER OR CONTROL 3-Tier # DISTILLERIES IN STATE

PRODUCTION AND DISTRIBUTION: FEE $4,000.00 for Distiller's License; $500 for Artisan Distiller AVG TIME TO OBTAIN 4-6 weeks MINIMUM PRODUCTION AMOUNT No MAXIMUM PRODUCTION AMOUNT

Artisan Distillers: no more than 50,000 gallons spirits annually

PRODUCTION RELATED LIMITATIONS?

Artisan Distillers: no more than 50,000 gallons spirits annually SELF-DISTRIBUTION? Yes can sell to wholesalers, retailers, and customers on-premise TASTING ROOM:

Yes, no sample may be larger than 25 ml. Max 3 per person per day FEES FOR TOURS Up to distillery BOTTLE SALES ON SITE Yes LIMITS ON BOTTLE SALES? No TASTINGS ON SITE?

ON-PREMISE CONSUMPTION AT DISTILLERY? Yes LIMITS FOR ON-PREMISE SALES?

No

SWAG (T-SHIRTS, GLASSES, ETC.)? Yes, nothing of value

Yes, nothing of value

FREE SOUVENIRS

Nothing of value. No distiller or wholesale licensee may attempt to promote the sale of liquor by tie-in sales arrangements or by any device such as gifts or other concessions of financial value to a customer TAXES ON SOUVENIRS State applicable sales tax LIMITS ON SOUVENIRS

PROMOTION: TASTINGS AT ON-PREMISE LOCATIONS? Yes TASTINGS AT OFF-PREMISE LOCATIONS? *County

Fair Grounds—Special Event License

BOTTLE SALES AT FAIRS/ FARMERS MARKETS? No

event has liquor license No OFF-SITE DRINK SALE? See above* ON-PREMISE FESTIVAL Yes OFF-PREMISE FESTIVAL See above* SPECIAL EVENTS See above* OFF-SITE BOTTLE SALE?

40 

Yes

ALLOWED TO HOLD EVENTS ON SITE? Yes

and Rectifiers Permit (D) 3-TIER OR CONTROL 3-Tier PRODUCTION AND DISTRIBUTION:

distiller solicits business from restaurant or bar NOTES Do not have a definition for "craft" distilleries in Texas, so difficult to delineate between craft and large distilleries

$1,500 annually ALLOWED TO HOLD OTHER LICENSES? AVG TIME TO OBTAIN The Yes — an on-sale license typical timeline for a Distiller % GRAIN FROM STATE Artisan permit varies depending on Distillers — at least 30% of the sophistication of the # DISTILLERIES IN STATE 14 raw materials, other than water, applicant and whether they Licensed Distilleries used to produce distilled spirits are in a dry county and have shall consist of agricultural to get voter approval. LICENSE CLASSES products grown in the state. If MINIMUM PRODUCTION AMOUNT No Distillery license less than 30%, can file affidavit 3-TIER OR CONTROL All MAXIMUM PRODUCTION AMOUNT No w/ department to request beverages over 3.2% alcohol approval of production anyways PRODUCTION RELATED regulated by state LIMITATIONS? No SEPARATE LAWS FOR BRANDY? No PRODUCTION AND DISTRIBUTION: SELF-DISTRIBUTION? No FEE Initial fee $3,800; TASTING ROOM: application fee $300; TASTINGS ON SITE? Yes, samples LICENSE CLASSES renewal fee $2,900 1 ounce each product Distillery License AVG TIME TO OBTAIN Must FEES FOR TOURS Yes 3-TIER OR CONTROL 3-Tier submit application to License & Compliance Division BOTTLE SALES ON SITE Yes PRODUCTION AND DISTRIBUTION: by 10th of month to have LIMITS ON BOTTLE SALES? Yes, FEE $1,000 per annum and time for processing two 750ml bottles per person $300 application fee. MINIMUM PRODUCTION AMOUNT No per month (every 30 days) AVG TIME TO OBTAIN 30 days MAXIMUM PRODUCTION AMOUNT No ON-PREMISE CONSUMPTION AT MINIMUM PRODUCTION AMOUNT No DISTILLERY? Samples Only; PRODUCTION RELATED MAXIMUM PRODUCTION AMOUNT No just recently began to allow LIMITATIONS? No cocktail sales at distilleries PRODUCTION RELATED LIMITATIONS? SELF-DISTRIBUTION? Yes, Distillery license allows facility LIMITS FOR ON-PREMISE outside of the department, to manufacture or distill SALES? Yes, 2 750ml bottles manufacturers can sell to spirits w/ alcohol content of per person per month out of state consumers 8% or greater by weight SWAG (T-SHIRTS, GLASSES, ETC.)? Yes TASTING ROOM: SELF-DISTRIBUTION? No LIMITS ON SOUVENIRS Distillers TASTINGS ON SITE? Yes—must TASTING ROOM: are allowed to sell souvenirs charge small fee because they and things like that but are taxable; no more than 2.5 TASTINGS ON SITE? Yes — as they cannot sell them ounces per person per day, must a part of a public tour of to package stores as a be for educational information distillery's premises form of advertisement and must have substantial FEES FOR TOURS Up to distillery food available on site TAXES ON SOUVENIRS State BOTTLE SALES ON SITE Yes applicable sales tax FEES FOR TOURS Yes LIMITS ON BOTTLE SALES? No more PROMOTION: BOTTLE SALES ON SITE Yes than five gallons of 1/6th of TASTINGS AT ON-PREMISE LIMITS ON BOTTLE SALES? No a barrel to any one customer LOCATIONS? Yes, but cannot ON-PREMISE CONSUMPTION ON-PREMISE CONSUMPTION advertise outside of the store AT DISTILLERY? Yes AT DISTILLERY? Yes — with signs for "tasting event" samples and cocktails — can only advertise on LIMITS FOR ON-PREMISE SALES? No premises and by direct mailings SWAG (T-SHIRTS, GLASSES, ETC.)? Yes LIMITS FOR ON-PREMISE SALES? Must be spirits TASTINGS AT OFF-PREMISE FREE SOUVENIRS Yes produced at distillery LOCATIONS? Only at LIMITS ON SOUVENIRS No licensed liquor stores SWAG (T-SHIRTS, GLASSES, ETC.)? Can sell souvenirs TAXES ON SOUVENIRS State BOTTLE SALES AT FAIRS/ applicable sales tax FARMERS MARKETS? No FREE SOUVENIRS Yes PROMOTION: OFF-SITE TASTING EVENTS LIMITS ON SOUVENIRS No ALLOWED? No TASTINGS AT ON-PREMISE TAXES ON SOUVENIRS 9.25% LOCATIONS? Yes OFF-SITE BOTTLE SALE? No state sales tax TASTINGS AT OFF-PREMISE OFF-SITE DRINK SALE? No PROMOTION: LOCATIONS? Yes ON-PREMISE FESTIVAL No TASTINGS AT ON-PREMISE BOTTLE SALES AT FAIRS/ LOCATIONS? Yes OFF-PREMISE FESTIVAL No FARMERS MARKETS? Yes TASTINGS AT OFF-PREMISE SPECIAL EVENTS Yes OFF-SITE TASTING EVENTS ALLOWED? LOCATIONS? Yes Yes, but must get event FOR PROFIT EVENTS No BOTTLE SALES AT FAIRS/ permit and specify whether OTHER: FARMERS MARKETS? No it is a 120 or 72 hour event ALLOWED TO HOLD EVENTS ON SITE? OFF-SITE TASTING EVENTS OFF-SITE BOTTLE SALE? Yes Yes — just cannot advertise ALLOWED? Yes, at festivals outside the store with signs OFF-SITE DRINK SALE? Yes OFF-SITE BOTTLE SALE? Yes, for a "tasting event," but ON-PREMISE FESTIVAL Yes bottle sales allowed at festivals may advertise on premises (special festival permits are filed and by direct mailings OFF-PREMISE FESTIVAL No with the TABC). At least three SPECIAL EVENTS Special event ALLOWED TO HOLD OTHER participating distilleries are permits are readily accessible required to pull a festival permit. LICENSES? Distillers Agent and are rather lenient; must Permit (DK) $114; must also Can have to fifteen per year. state whether permit is for 72hr hold a "Package Store Tasting OFF-SITE DRINK SALE? to 120hr events and the director Permit" in order to conduct Yes, at festivals. shall not issue any more than tastings at a package store four single event permits in any ON-PREMISE FESTIVAL Yes % GRAIN FROM STATE No one calendar year if one or more requirement on using Texas OFF-PREMISE FESTIVAL Yes of the single events is a 120 grain, however, you are hour event and no more than SPECIAL EVENTS Yes, but not allowed to use the "Go twelve single event permits if a festival permit would Texan" marketing campaign each one is a 72 hour event. still have to be filed logo unless your agriculture FOR PROFIT EVENTS Yes FOR PROFIT EVENTS Yes, products are grown in Texas with a festival permit OTHER: SEPARATE LAWS FOR BRANDY? No OTHER: ALLOWED TO HOLD EVENTS GOALS Hoping to increase ON SITE? Yes, limited by ALLOWED TO HOLD EVENTS the number of bottles sold occupancy permit, 40 people ON SITE? Yes online direct to consumers so distilleries are not limited to ALLOWED TO HOLD OTHER SEPARATE LAWS FOR BRANDY? No 2 bottles per person every 30 LICENSES? Yes days; also hoping to remove % GRAIN FROM STATE They requirement that distributor use 100% grain from state, be present whenever a LICENSE CLASSES Distillers FEE

UTAH

TENNESSEE

GOALS

OFF-SITE TASTING EVENTS ALLOWED? Yes, as long as

FOR PROFIT EVENTS OTHER:

TEXAS

but do not get any assist from the state for doing so

FOR PROFIT EVENTS

SEPARATE LAWS FOR BRANDY?

No Would like to get some kind of preferential treatment for local distilleries with the state liquor system NOTES Cannot order a double of liquor (only 1.5 oz at a time)

OTHER:

GOALS

ALLOWED TO HOLD EVENTS ON SITE? Yes

VERMONT

LICENSE CLASSES Distiller's' licenses; Limited Distiller's licenses — in order to legally distill spirits in VA, distillers must obtain a Beverage Distilled Spirits plant permit from the TTB in addition to the license. 3-TIER OR CONTROL Control — just over spirits

LICENSE CLASSES Manufacturer — Third Class License — allows holder to sell spirits for consumption on licensed premises 3-TIER OR CONTROL 3-Tier PRODUCTION AND DISTRIBUTION: FEE $1,000 for 1 full year, $500 for 6 months or less

No MAXIMUM PRODUCTION AMOUNT No MINIMUM PRODUCTION AMOUNT PRODUCTION RELATED LIMITATIONS? No SELF-DISTRIBUTION?

No

TASTING ROOM:

Yes — up to 2 oz. per person per day FEES FOR TOURS Yes BOTTLE SALES ON SITE Yes TASTINGS ON SITE?

ON-PREMISE CONSUMPTION AT DISTILLERY? Yes SWAG (T-SHIRTS, GLASSES, ETC.)? Yes PROMOTION: TASTINGS AT ON-PREMISE LOCATIONS? Yes TASTINGS AT OFF-PREMISE LOCATIONS? Yes BOTTLE SALES AT FAIRS/FARMERS MARKETS? Allows manufacturer

or rectifier of vinous, malt and spirituous beverages to taste (2 oz for malt and vinous with a total of 8 oz or 1/4 oz of spirits with a total of 1 oz) and sell beverages produced by the manufacturer by the glass or unopened container. At one 4th-class location, vinous manufacturers may taste and sell products (by the glass or unopened container) of 5 other manufacturers provided they are purchased on invoice and allows vinous manufacturers to sell their products to 5 other manufacturers or rectifiers; (10 of the fourth class licenses are allowed per year and the length of the permit lasts for 1 year ending on April 30th or length of farmers market) $65 fee OFF-SITE TASTING EVENTS ALLOWED? Yes

Yes OFF-SITE DRINK SALE? Yes ON-PREMISE FESTIVAL Yes with educational sampling event permit (must charge $5 per person entry fee, products may be samples at 2 oz. per product for educational purpose OFF-PREMISE FESTIVAL Yes SPECIAL EVENTS *Special event permit — allows holder to attend event open to public to taste (1/4 ounces totaling 1 oz of spirits) and sell by glass or unopened bottle, spirits for duration of event, or 4 days, whichever is shorter, $35 fee; can apply for up to #104 of these permits a year, must apply five days prior to event; — Educational sampling event permit — allows holder to conduct event open to permit (minimum charge of $5 a person entry fee) at which spirits may be samples (2oz per product) for educational purposes OFF-SITE BOTTLE SALE?

special events*

See

ALLOWED TO HOLD OTHER LICENSES? Yes

VIRGINIA

PRODUCTION AND DISTRIBUTION: FEE Less than 5,000 gallons annually: $450. 5,001–36,000 gallons annually: $2,500. More than 36,001 gallons annually: $3,725 MINIMUM PRODUCTION AMOUNT No MAXIMUM PRODUCTION AMOUNT

Limited Distiller's licenses — manufacture not more than 36,000 gallons of alcoholic beverages per calendar year (located on farm in Commonwealth & agricultural products are grown on the farm)

PRODUCTION RELATED LIMITATIONS? See above SELF-DISTRIBUTION?

No

TASTING ROOM:

Yes with a tasting license (used for purpose of featuring & educating consuming public), limited to three .5 oz samples per person per day FEES FOR TOURS Yes BOTTLE SALES ON SITE Yes — but to sell product to general public, must first have at least one product listed/sold through ABC retail store and then must get authorized as a VA ABC "distillery store" and enter into a contract with ABC LIMITS ON BOTTLE SALES? No limits TASTINGS ON SITE?

ON-PREMISE CONSUMPTION AT DISTILLERY? Yes LIMITS FOR ON-PREMISE SALES? No limits SWAG (T-SHIRTS, GLASSES, ETC.)? Yes LIMITS ON SOUVENIRS

No limits

TAXES ON SOUVENIRS

State sales tax PROMOTION:

TASTINGS AT ON-PREMISE LOCATIONS? Yes, but limited

to three 1/2 oz samples per person per day

TASTINGS AT OFF-PREMISE LOCATIONS? Yes, but limited

to three 1/2 oz samples per person per day

BOTTLE SALES AT FAIRS/ FARMERS MARKETS? Yes,

if licensed by ABC

OFF-SITE TASTING EVENTS ALLOWED? Yes OFF-SITE BOTTLE SALE? Yes, if licensed by ABC; starting July 1, 2017 — distilleries can sell bottles at events conducted "for the purpose of featuring and educating the consuming public about spirit products" ON-PREMISE FESTIVAL HB 2029 & SB 1448 (Jan 2018) will allow distillery stores to participate in events or festivals throughout state conducted for purpose of featuring and educating consuming public about spirits products without having to obtain a banquet license. WWW.ARTISANSPIRITMAG.COM

Artisan Spirit: Winter 2017  

The magazine for craft distillers and their fans.

Artisan Spirit: Winter 2017  

The magazine for craft distillers and their fans.