Manufacturing License Summary
Provided by the Brewers Association
There are two (2) ale or malt liquor (containing more than 4% ABW) manufacturing licenses: (1) Brewer's Permit and (2) Brewpub License. There are two (2) ale or malt liquor (containing more than 4% ABW) manufacturing licenses: (1) Brewer's Permit and (2) Brewpub License. A Brewpub License cannot manufacture more than 10,000 bbls. The Brewer’s Permit is set at a threshold of 225,000 bbls. If the amount exceeds 225,000bbls, on-premise service to customer right is lost; if the amount remains below 225,000bbls, on-premise service to consumer is permitted as long as it does not exceed 5,000 bbls. It is also possible for a Brewer’s Permit to holder a Self-Distribution Permit (DA) if the production does not exceed 125,000 bbls.
||Barrel Limit per License
|Brewpub License (BP)
||Production may not exceed 10,000 bbls
|Brewer's Permit (B)
||On-Premise serving rights are lost if manufacturing more than 225,000 bbls.
|Brewer's Permit (B) for ale and malt liquor to be sold on premises
||Manufacturing does not exceed 225,000 bbls; annual sales may do not exceed 5,000 bbls for on-premise service to ultimate customer.
|Manufacturer's Self-Distribution License (DB) for ale
||Production does not exceed 125,000 bbls; Combined sales may not exceed 40,000 bbls for self-distribution.
|Manufacturer's License (BA) of beer (versus ale or malt liquor);
||Annual production of beer together with the annual production of ale at the same premises does not exceed 125,000 barrels to sell beer produced under the manufacturer's or nonresident manufacturer's license to distributors, retailers, private clubs and qualified persons for shipment and consumption outside this state.
Statutory Definition of Beer: (12) "Ale" or "malt liquor" means a malt beverage containing more than four percent of alcohol by weight; (15) "Beer" means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight; (1) "Alcoholic beverage" means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted
Alcohol Beverage Code, Title 3
The Brewers Association has created a database of U.S. manufacturing license barrel caps per state. While this database has undergone several edits, it should not be considered the final word on barrel (1 bbl = 31 gallons) cap laws across the country. See ‘disclaimer’ below.
While this database has undergone several edits, it should not be considered the final word on barrel cap laws across the country. In no way should this be interpreted as legal advice. Instead, it should be an additional resource in your own unique research. All materials have been prepared for general information purposes only to permit the reader to learn more about craft beer legal issues. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Always seek the advice of a competent attorney before drafting a contract, terminating a wholesaler, or initiating other legal action.
Contact the professionals at G & H Financial Insurance for assistance with your brewery insurance at 281-395-5497.