(a) The Director of the Alcoholic Beverage Control Division may issue a license for a licensee to operate a small brewery that:
(1) Manufactures at its licensed facility no less than thirty-five percent (35%) of its beer, malt beverages, and hard cider to be sold in the state and no more than forty-five thousand (45,000) barrels per year;
(2) Sells to wholesale or to the consumer at the small brewery premises for consumption, either on or off the premises, brand name products of the licensed facility;
(3) Stores any beer, malt beverages, and hard cider legally purchased for resale on the premises;
(4) Serves on the premises complimentary samples of beer produced by the small brewery;
(5) Sells:
(A) At retail, by the drink or by the package, beer produced on the premises of the small brewery if all sales occur in a wet territory; or
(B) (i) At fairs and food and beer festivals with the permission and the consent of the management of the events.
(ii) A sales and use tax permit also is required for sales under subdivision (a)(5)(B)(i) of this section;
(6) (A) (i) Sells and transports:
(a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders;
(b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year.
(ii) Each permitted brewery shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division.
(iii) A small brewery may distribute no more than fifteen thousand (15,000) barrels per year.
(B) (i) To sell and transport beer under subdivision (a)(6)(A) of this section, the small brewery license holder shall obtain a small brewery wholesale permit.
(ii) The small brewery license holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (a)(6)(B)(i) of this section; and
(7) Sells for consumption on the premises of the small brewery:
(A) Beer produced by the small brewery or another small brewery; or
(B) Wine.
(b) Notwithstanding the provisions of any other law to the contrary, beer, malt beverages, and hard cider may be sold for on-premises or off-premises consumption during all legal operating hours in which business is normally and legally conducted on the premises, if:
(1) The brewery provides tours through its facility; and
(2) Only sealed containers are removed from the premises.
(c) (1) A small brewery may provide beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations or sell for resale beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board.
(2) The sale of those products is limited to the duration of the particular special event.
Section: Previous 3-5-1402 3-5-1403 3-5-1404 3-5-1405 3-5-1406 3-5-1407 3-5-1408 3-5-1409 3-5-1410 3-5-1411 3-5-1412 3-5-1413 3-5-1414 3-5-1415 NextLast modified: November 15, 2016