Starting a brewery in New York State is an exciting venture, but it comes with regulatory requirements that must be carefully navigated. One of the most important steps is obtaining a brewery license from the New York State Liquor Authority (“NYSLA”). This license allows you to legally manufacture beer for sale in New York.
Types of Brewery Licenses in New York
The NYSLA issues several types of licenses and permits relevant to breweries, including:
- Farm Brewery License – Allows the production of up to 75,000 barrels of beer and/or cider per year that qualify for New York State labeling.
- Microbrewery License – Allows the production of up to 75,000 barrels of beer and/or cider per year (does not require New York State labeling).
- Full Brewery License – This license does not restrict how beer is produced per year and also does not require New York State labeling.
Your choice of license will depend on your production scale, business model, and whether you plan to label products as New York State.
Step 1: Prepare Your Business and Premises
Before submitting an application, you must ensure that:
- If using an entity formation, that your business is properly incorporated or registered as a legal entity in New York.
- The premises comply with local zoning laws and are approved for brewing operations.
- You have adequate security and recordkeeping procedures to comply with state and federal requirements.
Step 2: Gather Required Documentation
The NYSLA requires several documents as part of the brewery license application:
- Detailed floor plan of your brewery, including storage areas, production areas, and tasting room (if applicable).
- Corporate documents such as articles of incorporation or LLC formation documents.
- Financial disclosures, including funding sources and proof of ability to operate the business.
- Copy of TTB brewer’s notice and images of proposed premises.
- Personal background information for owners, partners, or officers of the company.
The above is a general list, but not an exhaustive one. Of course, accuracy and completeness are critical to avoid delays in processing.
Step 3: Submit the Application
Once your documents are ready, you can submit the license application to NYSLA. The process involves:
- Filling out the application form with business and ownership information.
- Providing all supporting documents and disclosures.
- Paying the applicable license fee (which varies depending on license type).
- Undergoing a background check and fingerprinting of key individuals (provided such is not already on file with the NYSLA for such individuals).
The review process can take several months, depending on the complexity of your business, the completeness of your submission, and the current processing time of the Authority.
Step 4: Coordinate with Federal Requirements
In addition to NYSLA licensing, breweries must also comply with federal regulations under the Alcohol and Tobacco Tax and Trade Bureau (“TTB”). This includes:
- Obtaining a Brewer’s Notice to legally manufacture beer.
- Filing for label approvals (COLAs) for all products before sale.
- Maintaining records and reporting for federal excise taxes.
Coordination between federal and state requirements is essential to ensure compliance and avoid regulatory issues.
Step 5: Post-Approval Compliance
Once your NYSLA brewery license is issued, ongoing compliance is required, including:
- Adhering to all reporting and recordkeeping requirements.
- Renewing your license.
- Maintaining proper security and operational standards.
- Ensuring all labels, advertising, and sales comply with state and federal laws.
How Lindsey Zahn P.C. Can Help
At Lindsey Zahn P.C., we assist clients at every stage of starting a brewery in New York:
- Advising on the appropriate type of NYSLA brewery license.
- Preparing and reviewing all documentation and applications.
- Coordinating federal TTB requirements with state licensing.
- Ensuring compliance with local zoning, municipal, and regulatory rules.
- Providing ongoing counsel for label approvals, excise taxes, and advertising compliance.
Navigating the NYSLA licensing process can be complex, but with expert guidance, you can focus on building your brewery while ensuring full compliance with state and federal law.
Contact us today to schedule a consultation and discuss how we can help you obtain your NYSLA brewery license.
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