TTB Permits

For many, owning a winery, cidery, brewery, or distillery is the ultimate dream. As federal and state laws evolve to recognize the tremendous value provided by farm, craft, and commercial producers, this dream has become a lot more attainable for even the smallest producers. 

Many governments have revised their regulations to incentivize development in the beverage alcohol industry, including through reduced license fees and lower tax rates. The results have been fantastic, with many regions experiencing a true renaissance in wine, cider, beer, and distilled spirits production as the industry grows and flourishes.

Unfortunately, compliance and licensing are still not free from archaic laws and requirements. The permit or license application process can be daunting as many questions can be vague or poorly worded with limited to no instructions. This can leave first-time — and even repeat — applicants confused, which often results in the improper reporting of information as well as avoidable risk, delays, and costs.

It is very important to work with an attorney or industry professional who is familiar with the permit and license application process, and can guide your company through the application. Often this means getting ahead of potential issues well before an application is placed on the desk of a licensing specialist or regulator.

Lindsey Zahn P.C. regularly works with wine, cider, beer, and spirits clients with respect to obtaining permits and licenses before the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and various state agencies. Lindsey has overseen many different types of applications — from family-owned farm businesses to large corporations with a national portfolio and complex ownership structures — and understands the sort of issues the TTB and state agencies look for.  

The firm has also assisted current licensees relocate their business and current permits to a new location. Relocating a TTB-permitted premises requires a fair amount of strategy on top of understanding the use of the new space, its layout, timing, and additional compliance concerns. 

In addition, the firm advises and assists clients expanding to non-contiguous premises (where permitted by federal law), creating and filing for alternating proprietorships, and creating and filing for alternating premises, along with other standard business changes (e.g., changes in control, changes on officers/directors/members/stockholders, etc.).

TTB Permits: Services

Among other services, the firm can also assist with the following:

• Advise on, draft, and file the initial federal basic permit for a new winery, brewery, distillery, cidery, or meadery;
• Assist a brand owner of an alcohol beverage who is engaged in a contract production or custom crush relationship determine the proper federal permit required
• Review current permits on file with TTB and draft amendments to update operational aspects of your TTB-regulated business
• Develop a strategy and oversee the filing of a non-contiguous premises amendment (where applicable) or a secondary location
• Counsel industry members on changes in control and changes in proprietorship and guide companies through amendment filings for either type of change

Recent Representations

Some recent representations include:

• Secured an amendment for a non-contiguous premises covering a new space for a distilled spirits plant (“DSP”)
• Filed and obtained an amendment to permit the operation of two distinct wineries at the same location (Alternating Proprietorship)
• Obtained an amendment reflecting the change in control of a currently-permitted DSP
• Acquired a new federal basic winery permit for a startup winery
• Obtained a successful result for a wholesaler in TTB’s Temporary Voluntary Disclosure Program

For more information about how Lindsey Zahn P.C. can help your company, please contact us at lindsey@zahnlawpc.com.

Prior results do not guarantee a similar outcome.