Brewers Association

Self-Distribution Laws

While this database has undergone several rounds of fine-tuning, it should not be considered the final word on self distribution laws across the country, but rather as a signpost pointing you in the right direction.

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Alabama

License to self-distribute: No

Title 28

Title 28, Chapter 3A

(b) No manufacturer licensee shall sell any alcoholic beverages direct to any retailer or for consumption on the premises where sold except as specified under subsection (h)(1), nor sell or deliver any such alcoholic beverages in other than original containers approved as to capacity by the board and in accordance with standards of fill prescribed by the U. S. Treasury Department, nor maintain or operate within the state any place or places, other than the place or places covered by the manufacturer license, where alcoholic beverages are sold or where orders are taken.

Alaska

License to self-distribute: Yes

Title 4

Title 4, Chapter 11

(a) Except as provided in AS 04.11.020, a person may not knowingly manufacture, sell, offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage unless under license or permit issued under this title.

Arizona

License to self-distribute: Yes

Title 4

Title 4, Chapter 2

Domestic microbrewery license; 2. The microbrewery shall not produce more than one million two hundred forty thousand gallons of beer in a calendar year . . . 5. The microbrewery may make sales and deliveries of beer that it has produced to both: (a) Retail licensees that are under common ownership with the microbrewery in any amount. (b) Other licensed retailers in an amount not to exceed ninety-three thousand gallons in any calendar year. (up to 5,000 gallons under 1,240,000 gallons production cap)

Arkansas

License to self-distribute: Yes

Title 3

Title 3, Chapter 5-Subchapter 1405

(A) No less than thirty-five percent (35%) of its beer and malt beverages to be sold in the state and no more than thirty thousand (30,000) barrels per year; or (ii) Purchases from a producer brewery beer or malt beverages in an aggregate quantity not to exceed sixty thousand (60,000) barrels per year; (B) Sells to wholesale or to the consumer for consumption either on or off the premises brand name products of the licensed facility;

California

License to self-distribute: Yes

Business & Professions Code, Div.9

Division 9, Chapter 3

A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer which is produced and bottled by, or produced and packaged for that manufacturer. Licensed beer manufacturers may also sell beer to any person holding a license authorizing the sale of beer and may sell beer to consumers for consumption on the manufacturer's licensed premises or on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer. Licensed beer manufacturers may also sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer. Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturer's certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises which are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.

Holders of a Type 75 Brewpub license with liquor may  only distribute through a licensed wholesaler.

Colorado

License to self-distribute: Yes

Title 12

Title 12, Chapter 47, Section 402 & 405

(1) A manufacturer's license shall be issued by the state licensing authority to persons distilling, rectifying, or brewing within this state for the following purposes only: (b) To sell malt or vinous liquors of their own manufacture within this state. Brewers or winers licensed under this section may solicit business directly from licensed retail persons or consumers by procuring a wholesaler's license as provided in this article; except that any malt liquor sold at wholesale by a brewer that has procured a wholesaler's license shall be unloaded and placed in the physical possession of a licensed wholesaler at the wholesaler's licensed premises in this state and inventoried for purposes of tax collection prior to delivery to a retailer or consumer. Wholesalers of malt liquors receiving products to be held as required by this paragraph (b) shall be liable for the payment of any tax due on such products under section 12-47-503 (1) (a).(d) To sell malt, vinous, or spirituous liquors in other states, the laws of which permit the sale of alcohol beverages; (e) To sell for export to foreign countries if such export for beverage or medicinal purposes is permitted by the laws of the United States; but Colorado distillers, rectifiers, winers, and brewers licensed under this section may sell their products distilled, rectified, or brewed in this state directly to licensed retail licensees by procuring a wholesaler's license.

See also: (2) (a) Except as provided in paragraph (b) of this subsection (2), during the hours established in section 12-47-901 (5) (b), malt liquors or fermented malt beverages manufactured by a brew pub licensee on the licensed premises or alternating proprietor licensed premises may be: (I) Furnished for consumption on the premises; (II) Sold to independent wholesalers for distribution to licensed retailers;(III) Sold to the public in sealed containers for off-premises consumption. Only malt liquors or fermented malt beverages manufactured and packaged on the licensed premises or alternating proprietor licensed premises by the licensee shall be sold in sealed containers.(IV) Sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year.(b) A brew pub authorized to manufacture malt liquors or fermented malt beverages upon alternating proprietor licensed premises shall not conduct retail sales of malt liquors or fermented malt beverages from an area licensed or defined as an alternating proprietor licensed premises.

Connecticut

License to self-distribute: Yes

Title 30

Title 30, Chapter 545

(a) A manufacturer permit shall allow the manufacture of alcoholic liquor and the storage, bottling and wholesale distribution and sale of alcoholic liquor manufactured or bottled to permittees in this state and without the state as may be permitted by law;

Delaware

License to self-distribute: No

Title 4

Title 4, Chapter 5

(c) Notwithstanding any provision of this title to the contrary, a microbrewery license shall allow the licensee: (1) To manufacture and sell on the licensed premises beer, mead or cider or a combination thereof, but the licensee shall not manufacture or sell more than the maximum amount permitted by federal regulations to qualify for a "reduced rate of tax for certain brewers" as currently found in the 27 C.F.R., Part 25, § 25.152(a)(2) or as hereafter amended; (2) To manufacture on the licensed premises beer, mead or cider for persons, other than the licensee, licensed under this title or for persons outside this State; (3) To sell beer, mead and cider manufactured on the licensed premises in labelled barrels, bottles or other closed containers to importers licensed under this title for delivery by them to persons inside or outside the State; and (4) To sell at the licensed premises beer, mead and cider manufactured on the licensed premises for consumption on or off the licensed premises. The amount of beer, mead and cider sold for off-premises consumption shall be limited to a maximum of 5 cases per day to each retail customer. Brew-pub: 4,000 barrels of beer in a calendar year.

District of Columbia

License to self-distribute: No

Title 25

Title 25, Chapter 1, Subchapter 2, Section 110

(B) The license shall authorize the licensee to sell the beer manufactured under the license to (i) another licensee under this title for resale; (ii) to a dealer licensed under the laws of any state or territory of the United States for resale; and (iii) to a consumer. The licensee may sell beer to the consumer only in barrels, kegs, and sealed bottles, which shall not be opened after sale, or the contents consumed, on the premises where sold.

Florida

License to self-distribute: No

Title XXXIV

Title 34, Chapter 563

(b) Except as provided in paragraph (c), no entity or person specified in paragraph (a) may have an interest in the license, business, assets, or corporate stock of a licensed distributor nor shall such entity sell directly to any vendor in this state other than to vendors who are licensed pursuant to s. 561.221(2).

Georgia

License to self-distribute: No

Title 3

Title 3, Chapter 2

(a) No employee, agent, or officer of the department, directly or indirectly, shall have any interest whatsoever in manufacturing, selling, transporting, distributing, storing, or otherwise dealing in alcoholic beverages, except in the performance of his official duties.

Hawaii

License to self-distribute: Yes

Title 16

Title 16, Chapter 281

(b) Class 1. Manufacturer license. A license for the manufacture of liquor shall authorize the licensee to: (1) Manufacture the liquor therein specified; (2) Sell it in original packages to any wholesaler who holds a license to resell it; and (3) Sell beer, wine, or other specified liquor manufactured or distilled on the licensee's premises from fruits or other products grown in the State, in any quantity: (A)At wholesale in original packages to any person who holds a license to resell it; and (B) To any person for private use and consumption.

Idaho

License to self-distribute:  Yes

Title 23

Title 23, Chapter 10

(f) A brewer licensed under the provisions of subsection (d) or (e) of this section may be licensed as a wholesaler for the sale of beer to retailers other than at the licensed brewery and one (1) remote retail location and shall not be required to pay an additional fee therefor. Such brewer shall, however, comply with and be subject to all other regulations or provisions of law which apply to a wholesaler's license, save and except as such laws may restrict such sales at the licensed brewery or one (1) other remote retail location. [production fewer than 30,000 bbls]

Illinois

License to self-distribute: Yes

Ch.235

Chapter 235, Article V

Class 10. A craft brewer's license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 465,000 gallons of beer per year. A craft brewer licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act [235 ILCS 5/3-12]: A craft brewer licensee, who must also be either a licensed brewer or licensed non-resident dealer and annually manufacture less than 465,000 gallons of beer, may make application to the Commission for a self-distribution exemption to allow the sale of not more than 232,500 gallons of the exemption holder's beer to retail licensees per year.

Indiana

License to self-distribute: Yes

Title 7.1

Title 7.1, Article 3

(5) If the brewer's brewery manufactures not more than thirty thousand (30,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may do the following: (A) Sell and deliver beer to a person holding a retailer or a dealer permit under this title. (B) Be the proprietor of a restaurant. (C) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant established under clause (B). (D)  Transfer beer directly from the brewery to the restaurant by means of: (i) bulk containers; or (ii) a continuous flow system.

Iowa

License to self-distribute: Yes

Title IV

Title IV, Subtitle 1, Chapter 123

A class "A" permit allows the holder to manufacture and sell beer at wholesale. A holder of a special class "A" permit may only manufacture beer to be consumed on the licensed premises for which the person also holds a class "C" liquor control license or class "B" beer permit and to be sold to a class "A" permittee for resale purposes. (Class A defined in Iowa Code § 123.127)

Kansas

License to self-distribute: No

Chapter 41

Chapter 41, Article 3

(a) A microbrewery license shall allow: (1) The manufacture of not less than 100 nor more than 15,000 barrels of domestic beer during the license year and the storage thereof; (2) the sale to beer distributors of beer, manufactured by the licensee; (3) the sale, on the licensed premises in the original unopened container to consumers for consumption off the licensed premises, of beer manufactured by the licensee; (4) the serving free of charge on the licensed premises and at special events, monitored and regulated by the division of alcoholic beverage control, of samples of beer manufactured by the licensee, if the premises are located in a county where the sale of alcoholic liquor is permitted by law in licensed drinking establishments; (5) if the licensee is also licensed as a club or drinking establishment, the sale of domestic beer and other alcoholic liquor for consumption on the licensed premises as authorized by the club and drinking establishment act; and (6) if the licensee is also licensed as a caterer, the sale of domestic beer and other alcoholic liquor for consumption on unlicensed premises as authorized by the club and drinking establishment act . . . A microbrewery may sell domestic beer in the original unopened container to consumers for consumption off the licensed premises at any time between 6 a.m. and 12 midnight on any day except Sunday and between 11 a.m. and 7 p.m. on Sunday. If authorized by subsection (a), a microbrewery may serve samples of domestic beer and serve and sell domestic beer and other alcoholic liquor for consumption on the licensed premises at any time when a club or drinking establishment is authorized to serve and sell alcoholic liquor.

Microbreweries also may sell their products directly to consumers but must sell to retailers, clubs, and drinking establishments through licensed distributors. Farm wineries and microbreweries also may be licensed as clubs or drinking establishments, and microbreweries may be licensed as caterers for sale of liquor by the drink to consumers. Clubs, drinking establishments, and caterers may purchase beer and bulk wine directly from wholesalers, but must purchase all other liquor from a liquor retailer.

Kentucky

License to self-distribute: No

KRS Chapter 243.00

Title XX, Chapter 243

243.157. Business authorized by a microbrewery license. (2) A microbrewery license shall not be deemed to be incompatible with any other license except for a distributor's license under the provisions of KRS 243.180.

Louisiana

License to self-distribute: No

Revised Statutes 26

Title 26, Chapter 2, Part 2

§ 26:273. Limitations on the issuance of state permits; exceptions. A. The commissioner shall not: (2) Issue a wholesale dealer's permit to a person or his spouse possessing a manufacturer's permit, retail dealer's permit of either Class A or Class B, or a microbrewer's permit.

Maine

License to self-distribute: Yes

Title 28-A

Title 28-A, Part 3, Subpart 3, Chapter 51

§ 1355-A. Manufacturer licenses. 3.  BREWERIES; SMALL BREWERIES.  Except as otherwise provided in this section, the following provisions apply to breweries and small breweries. C.  Notwithstanding any other provision of this Title, a brewery or small brewery licensed in accordance with this section may sell from the establishment at the site of the brewery licensed for the sale of alcoholic beverages to be consumed on the premises malt liquor to be consumed off the premises under the conditions specified in this paragraph. 1)  Only malt liquor brewed at the brewery where the on-premises establishment is licensed may be sold at the on-premises establishment.2)  Malt liquor must be dispensed in bottles provided by and with labels unique to the brewery of 32 to 64 ounces in volume. 3)  No more than 6 bottles may be prefilled at any one time. 4)  A deposit may be charged per bottle. Bottles sold under this paragraph are not subject to Title 32, chapter 28. 5)  The bottle in which the malt liquor is dispensed must be sealed by the licensee with a seal that is tamper-evident. 6)  Malt liquor dispensed in accordance with this paragraph must be consumed off the premises. 7)  All sales of malt liquor from the on-premises establishment for off-premises consumption must be accompanied by a sales receipt with a time stamp that indicates time of purchase. 8)  Sale of malt liquor from the on-premises establishment for off-premises consumption may not be made after 10:00 p.m. The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules in accordance with Title 5, chapter 375, subchapter 2-A.

Maryland

License to self-distribute: Yes

Article 2B

Article 2B, Title 2, Subtitle 2

(d)  On-sale privilege; off-sale privilege. -- (1)  The on-sale privilege authorizes the holder, each calendar year, to sell at retail up to 4,000 barrels of beer brewed under this license to customers for consumption on the licensed premises. (2)  The off-sale privilege authorizes the holder to sell and deliver beer brewed under this license to:(i)  Any wholesaler licensed under this article to sell beer in this State; or (ii)  Any person who is located in a state other than Maryland who is authorized under the laws of that state to receive brewed beverages.

Massachusetts

License to self-distribute: Yes

138 section 18-19

Chapter 138, section 19

 . . . hold a license pursuant to this section and sections 15, 18, 18A, 19B and 19C, licenses to manufacture alcoholic beverages. Manufacturers of such beverages may sell the same to any licensee holding a valid license granted by the licensing authorities for the sale within the commonwealth in accordance with the provisions of this chapter, and may also sell such beverages for export from this commonwealth into any state where the sale of the same is not by law prohibited, and into any foreign country; and manufacturers of such beverages may sell the same to any registered pharmacist holding a certificate of fitness under section thirty and also as authorized by section twenty-eight.

Michigan

License to self-distribute: No

Chapter 436

Chapter 436, Act 58

(1)  A manufacturer and outstate seller of beer and malt beverages shall grant to each of its wholesalers an exclusive sales territory, as agreed upon between the wholesaler and manufacturer or outstate seller of beer, within which the wholesaler shall be the exclusive distributor of the specified brand or brands of the manufacturer or outstate seller of beer.

Minnesota

License to self-distribute: Yes

Chapter 340A

Chapter 340A (Under Police Regulations)

(Limited) The commissioner shall issue a wholesaler's license to a brewer only if (1) the commissioner determines that the brewer was selling the brewer's own products at wholesale in Minnesota on January 1, 1991, or (2) the brewer has acquired a wholesaler's business or assets under subdivision 7a, paragraph (c) or (d). A licensed wholesaler of intoxicating malt liquor may sell 3.2 percent malt liquor at wholesale without an additional license.; (g)  A brewer that manufactures no more than 20,000 barrels of malt liquor or its metric equivalent in a calendar year may own or have an interest in a malt liquor wholesaler that sells only the brewer's products, provided that a brewer that manufactures between 20,000 and 25,000 barrels in any calendar year shall be permitted to continue to own or have an interest in a malt liquor wholesaler that sells only the brewer's products.

Mississippi

License to self-distribute: No

Title 67

Title 67, Chapter 3

§ 67-3-46. Manufacturers of light wines or beer prohibited from acting as wholesalers or distributors

Missouri

License to self-distribute: No

Title 20

Title 20, Chapter 311

4.  The holder of a microbrewer's license may also sell beer and malt liquor produced on the brewery premises to duly licensed wholesalers. However, holders of a microbrewer's license shall not, under any circumstances, directly or indirectly, have any financial interest in any wholesaler's business, and all such sales to wholesalers shall be subject to the restrictions of sections 311.181 and 311.182.

Montana

License to self-distribute: Yes

Title 16, Ch. 39

Title 16, Chapter 3, Part 2

a brewer who manufactures less than 60,000 barrels of beer a year . . .  (a) sell and deliver beer from its storage depot or brewery to: (i) a wholesaler;(ii) licensed retailers if the brewer uses the brewer's own equipment, trucks, and employees to deliver the beer and if: (A) individual deliveries, other than draught beer, are limited to the case equivalent of 8 barrels a day to each licensed retailer; and (B) the total amount of beer sold or delivered directly to all retailers does not exceed 10,000 barrels a year; or (iii) the public;

Nebraska

License to self-distribute: No

Chapter 53

Chapter 53, Article 1, (i) prohibited acts

 (2)   . . .  The holder of a craft brewery license shall have the privileges and duties listed in section 53-123.14 with respect to the manufacture, distribution, and retail sale of beer, and the Nebraska Liquor Control Act shall not be construed to permit the holder of a craft brewery license to engage in the wholesale distribution of beer.

Nevada

License to self-distribute: No

CHAPTER 369

Title 32, Chapter 369, Suppliers

Except as otherwise provided in NRS 369.386 and 369.415, a supplier shall not engage in the business of importing, wholesaling or retailing alcoholic beverages in this State.

New Hampshire

License to self-distribute: Yes

Title XIII

Title XIII, Chapter 178

IV. 2. (b)  A holder of a beverage manufacturer license who manufactures 15,000 barrels or less during its licensing period may elect to distribute its beverages directly to retail licensees and/or to distribute its beverages pursuant to RSA 180, provided that total in-state direct retail sales do not exceed 5,000 barrels.

12-a: Nanobreweries: I.  The commission may issue a nano brewery license to a business that manufactures beer or specialty beer, not exceeding, 2,000 barrels annually for sale in any quantity to the general public or licensees. The license shall entitle the licensee to sell at retail or wholesale only beverages manufactured by the licensee in a public building as defined in RSA 175:1, LV-a. 13:

Brewpub: I.  A brew pub license shall authorize the licensee to manufacture beer in quantities not to exceed 2,500 barrels annually primarily for consumption on the licensed premises . . . V.  Each brew pub licensee shall have the right to transport the beverage it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.

New Jersey

License to self-distribute: Yes

Title 33;1-10

Title 33, Chapter 1

Limited brewery license. 1b. The holder of this license shall be entitled, subject to rules and regulations, to brew any malt alcoholic beverages in a quantity to be expressed in said license, dependent upon the following fees and not in excess of 300,000 barrels of 31 fluid gallons capacity per year and to sell and distribute this product to wholesalers and retailers licensed in accordance with this chapter, and to sell and distribute without this State to any persons pursuant to the laws of the places of such sale and distribution, and to maintain a warehouse;

New Mexico

License to self-distribute: Yes

Chapter 60

Chapter 60, Article 6A

60-6A-26.1 . Small brewer's license.  B.   A small brewer's license authorizes the person to whom it is issued to:   (1)   become a manufacturer or producer of beer;   (2)   package, label and export beer, whether manufactured, bottled or produced by him or any other person;   (3)   sell only beer that is packaged by or for him to a person holding a wholesaler's license or a small brewer's license;   (4)   deal in warehouse receipts for beer;   (5)   conduct beer tastings and sell for consumption on or off premises, but not for resale, beer produced and bottled by, or produced and packaged for, the licensee or produced and bottled by or for another New Mexico small brewer on the small brewer's premises; 60-7A-8.

Sales to wholesalers. Unless he has a wholesaler's license, no New Mexico manufacturer shall sell or offer for sale any alcoholic beverages manufactured within this state to any person in New Mexico other than wholesalers licensed under the provisions of the Liquor Control Act [60-3A-1 NMSA 1978].

New York

License to self-distribute: Yes

Alcoholic Beverage Control, Article 4

Alcohol Beverage Control, Article 4

2.  Such a license shall authorize the sale from the licensed premises of the beer brewed by such licensee to duly licensed wholesalers, retailers and permittees in this state, and to sell or deliver such beer to persons outside the state pursuant to the laws of the place of such sale or delivery. A person holding a brewer's license may apply for a license to sell beer brewed by him at wholesale at premises other than those designated in the brewery license and the provisions of this article relative to wholesaler's licenses shall apply so far as applicable to such application.  4.  A licensed brewer may apply to the liquor authority for a license to sell beer, wine or liquor at retail for consumption on the premises in a restaurant owned by him and conducted and operated by him in or adjacent to the brewery for which he is licensed. All of the provisions of this chapter relative to licenses to sell beer, wine or liquor at retail for consumption on the premises shall apply so far as applicable to such application. 5.  A licensed brewer whose annual production is less than sixty thousand barrels may apply to the liquor authority for a permit to sell beer in a sealed container for off-premises consumption at the state fair, at recognized county fairs and at farmers' markets operated on a not-for-profit basis. As a condition of the permit a representative from the brewer must be present at the time of sale.

§ 52: 1.  The liquor authority may in its discretion and upon such terms and conditions as it may by rule prescribe, issue to a licensed brewer upon his application therefor a license authorizing him to sell beer at retail to a person for consumption in his home.

§ 64-c: 5.  Such restaurant-brewer license shall in form and in substance be a license to the person specifically licensed to operate a restaurant and sell liquor at retail to be consumed on the premises specifically licensed. Such license shall also be deemed to include a license to:(b)  sell beer brewed on the premises to other retail licensees, where such license is held by the same person holding the restaurant-brewer license, or to commonly owned affiliate licenses, provided that such beer is sold through a New York state licensed beer wholesaler. 7.  Not more than five licenses shall be granted to any person under this section. 8. A person holding one or more licenses under this section may brew, in the aggregate, no more than twenty thousand barrels of beer per year. 9.  On or within thirty days of the effective date of this section, any person who holds a brewer's license under section fifty-one of this chapter as well as a license to sell beer, wine and liquor at retail for consumption on the premises may file an application with the liquor authority to convert those licenses into a license under this section. Such an application shall be granted by the authority except for good cause shown. The granting of such an application shall constitute conversion of said license into a restaurant-brewer license subject to the provisions of this chapter applicable to restaurant-brewers licenses issued under this section.  (b)  No manufacturer or wholesaler of alcoholic beverages may be granted a license to operate a restaurant-brewer pursuant to this section. Any person who has an interest in premises eligible for conversion under subdivision nine of this section shall not be issued any license under this section unless and until a conversion application has been filed with and approved by the authority.

North Carolina

License to self-distribute: Yes

Chapter 18B

Chapter 18B, Article 11

(7)  In an area where the sale of any type of alcoholic beverage is authorized by law, sell the brewery's malt beverages or malt beverages manufactured by the permittee in some other state that have been approved by the Commission for sale in North Carolina only at the brewery upon receiving a permit under G.S. 18B-1001(1). (8)  Obtain a malt beverage wholesaler permit to sell, deliver, and ship at wholesale only malt beverages manufactured by the brewery. The authorization of this subdivision applies to a brewery that sells, to consumers at the brewery, to wholesalers, to retailers, and to exporters, fewer than 25,000 barrels, as defined in G.S. 81A-9, of malt beverages produced by it per year. A brewery not exceeding the sales quantity limitations in this subdivision may also sell the malt beverages manufactured by the brewery at not more than three other locations in the State, where the sale is legal, upon obtaining the appropriate permits under G.S. 18B-1001. A brewery operating any additional retail location pursuant to this subdivision shall also offer for sale at that location a reasonable selection of competitive malt beverage products.

North Dakota

License to self-distribute: Yes (only for breweries)

Title 5

Title 5, Chapter 5-01

11: A manufacturer may not have any financial interest in any wholesale alcoholic beverage business. A manufacturer or wholesaler may not have any financial interest in any retail alcoholic beverage establishment and may not furnish any such retailer with anything of value. A retailer may not have any financial interest in any manufacturer, supplier, or wholesaler.

14:  . . .  A microbrew pub may manufacture on the licensed premises, store, transport, sell to wholesale malt beverage licensees, and export no more than ten thousand barrels of malt beverages annually; sell malt beverages manufactured on the licensed premises; and sell alcoholic beverages regardless of source to consumers for consumption on the microbrew pub's licensed premises. A microbrew pub may not engage in any wholesaling activities. All sales and delivery of malt beverages to any other retail licensed premises may be made only through a wholesale malt beverage licensee.

21. Brewer taproom license. 1.  The tax commissioner may issue a brewer taproom license to the owner or operator of a brewery producing no more than twenty-five thousand barrels of malt beverages annually. . .  2.  A brewer holding a brewer taproom license may: a.  Manufacture on the licensed premises, store, transport, sell, and export no more than twenty-five thousand barrels of malt beverages annually. b.  Sell malt beverages manufactured on the licensed premises for consumption on the premises of the brewery or a restaurant owned by the licensee and located on property contiguous to the brewery. c.  Sell beer manufactured on the licensed premises for off premises consumption in brewery-sealed containers of not less than twelve ounces [.36 liters] and not more than 5.16 gallons [19.53 liters]. d.  Sell and deliver beer produced by the brewery to licensed beer wholesalers. e.  Dispense free samples of beer offered for sale. Complimentary samples of beer may not be in an amount exceeding sixteen ounces [.47 liter] per patron. f.  Sell and deliver beer produced by the brewery to licensed retailers within the state, but only if: (1)  The brewer uses the brewer's own equipment, trucks, and employees to deliver the beer; (2)  Individual deliveries, other than draft beer, are limited to the case equivalent of eight barrels per day to each licensed retailer; (3)  The total amount of beer sold or delivered directly to all retailers does not exceed ten thousand barrels per year; and (4)  A common carrier is not used to ship or deliver the brewery's product to the public or to licensed retailers. All other sales and deliveries of beer to licensed retailers in this state may be made only through a wholesaler licensed in this state.  . . . 6.  A brewer may have only one taproom license and may not have an ownership interest in whole or in part, or be an officer, director, agent, or employee of any other manufacturer, brewer, importer, wholesaler, or retailer, or be an affiliate thereof, whether the affiliation is corporate or by management, direction, or control.

Ohio

License to self-distribute: Yes

Title XLIII

Title 43, Chapter 4303

§ 4303.02. A-1 permit [effective July 30, 2013] Permit A-1 may be issued to a manufacturer to manufacture beer and sell beer products in bottles or containers for home use and to wholesale permit holders under rules adopted by the division of liquor control if the manufacturer's total production of beer, wherever produced, will exceed thirty-one million gallons in a calendar year. In addition, an A-1 permit holder may sell beer manufactured on the premises at retail, by individual drink in a glass or from a container, for consumption on the premises where sold. The fee for this permit is three thousand nine hundred six dollars for each plant during the year covered by the permit.

§ 4303.022: Permit A-1c may be issued to a manufacturer to manufacture beer and sell beer products in bottles or containers for home use and to retail and wholesale permit holders under rules adopted by the division of liquor control if the manufacturer's total production of beer, wherever produced, will not exceed thirty-one million gallons in a calendar year. In addition, an A-1c permit holder may sell beer manufactured on premises at retail, by individual drink in a glass or from a container, for consumption on the premises where sold. The fee for this permit is one thousand dollars for each plant during the year covered by the permit.

§ 4301.24 (H)  This section shall not prevent a manufacturer from securing and holding an A-1c or B-2a permit or permits and operating as a wholesale distributor pursuant to such permits.

Oklahoma

License to self-distribute: Yes

Title 37

Title 37, Chapter 3

§ 521 Acts authorized by the various licenses. A.  A brewer license shall authorize the holder thereof: To manufacture, bottle, package, and store beer on licensed premises; to sell beer in this state to holders of Class B wholesaler licenses and retail licenses and to sell beer out of this state to qualified persons.

Oregon

License to self-distribute: Yes

Title 37

Title 37, Chapter 471

Brewery License: 471.22 Brewery License: (1)  A brewery license shall allow the manufacture, importation, storage, transportation, wholesale sale and distribution to licensees of the Oregon Liquor Control Commission, and the export of malt beverages. A brewery licensee may not sell within the State of Oregon any beer containing more than six percent alcohol by volume. Except as provided in subsection (2) of this section, a brewery licensee may not sell malt beverages for consumption on the licensed premises. (2)  A brewery licensee may: (a)  Sell malt beverages brewed on the licensed premises for consumption on the licensed premises; and (b)  Sell malt beverages brewed on the licensed premises, in quantities of not less than four gallons, to an unlicensed organization, lodge, picnic party or private gathering. An unlicensed organization, lodge, picnic party or private gathering may not resell the malt beverages that a brewery licensee sells under this paragraph.

Brewery-public house: (1)  A brewery-public house license allows the licensee: (a)  To manufacture on the licensed premises, store, transport, sell to wholesale malt beverage and wine licensees of the Oregon Liquor Control Commission and export malt beverages; (b)  To sell malt beverages manufactured on or off the licensed premises at retail for consumption on or off the premises; (c)  To sell malt beverages in brewery-sealed packages at retail directly to the consumer for consumption off the premises; (d)  To sell on the licensed premises at retail malt beverages manufactured on or off the licensed premises in unpasteurized or pasteurized form directly to the consumer for consumption off the premises, delivery of which may be made in a securely covered container supplied by the consumer; (e)  To sell wine and cider at retail for consumption on or off the premises; (f)  To conduct the activities described in paragraphs (b) to (e) of this subsection at one location other than the premises where the manufacturing occurs . . .  (2)  In addition to the privileges specified in subsection (1) of this section, in any calendar year a brewery-public house licensee may sell at wholesale to licensees of the commission malt beverages produced by the brewery-public house licensee if the brewery-public house licensee produced 5,000 barrels or less of malt beverages in the immediately preceding calendar year.

Pennsylvania

License to self-distribute: Yes

Title 47

Title 47, Chapter 1, Article IV, § 4-431

(a)  The board shall issue to any person a resident of this Commonwealth of good repute who applies therefor, and pays the license fee hereinafter prescribed, a manufacturer's license to produce and manufacture malt or brewed beverages, and to transport, sell and deliver malt or brewed beverages from the place of manufacture only in original containers, in quantities of not less than a case or original containers containing one hundred twenty-eight ounces or more which may be sold separately anywhere within the Commonwealth . . .  (b)  Except as hereinafter provided, such license shall authorize the holder thereof to sell or deliver malt or brewed beverages in quantities above specified anywhere within the Commonwealth of Pennsylvania, which, in the case of distributors, have been purchased only from persons licensed under this act as manufacturers or importing distributors, and in the case of importing distributors, have been purchased from manufacturers or persons outside this Commonwealth engaged in the legal sale of malt or brewed beverages or from manufacturers or importing distributors licensed under this article . . .       When a Pennsylvania manufacturer of malt or brewed beverages licensed under this article names or constitutes a distributor or importing distributor as the primary or original supplier of his product, he shall also designate the specific geographical area for which the said distributor or importing distributor is given distributing rights, and such distributor or importing distributor shall not sell or deliver the products of such manufacturer to any person issued a license under the provisions of this act whose licensed premises are not located within the geographical area for which distributing rights have been given to the distributor and importing distributor by the said manufacturer.

Rhode Island

License to self-distribute: Yes, limited

Title 3

Title 3, Chapter 6

(a)  A manufacturer's license authorizes the holder to establish and operate a brewery, distillery, or winery at the place described in the license for the manufacture of beverages within this state. The license does not authorize more than one of the activities of operator of a brewery or distillery or winery and a separate license shall be required for each plant. (b)  The license also authorizes the sale at wholesale at the licensed place by the manufacturer of the product of the licensed plant to another license holder and the transportation and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The license does not authorize the sale of beverages for consumption on premises where sold. The license does not authorize the sale of beverages in this state for delivery outside this state in violation of the law of the place of delivery.

Brewpub: (a)  A brewpub manufacturer's license shall authorize the holder to establish and operate a brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the beverages manufactured on the location for consumption on the premises. The license shall not authorize the retail sale of beverages from any location other than the location set forth in the license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-gallon bottle known as a "growler" to consumers for off the premises consumption to be sold pursuant to the laws governing retail Class A establishments. (b)  The license shall also authorize the sale at wholesale at the licensed place by the manufacturer of the product of his or her licensed plant as well as beverages produced for the brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier for that delivery. (c)  The brewpub manufacturer's license further authorizes the sale of beverages manufactured on the premises to any person holding a valid wholesaler's and importer's license under § 3-6-9 or 3-6-11.

South Carolina

License to self-distribute: No

Title 61

Title 61, Chapter 4, Article 9

(D)  A manufacturer, brewer, and importer of beer are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. A person or an entity in the beer business on one tier, or a person acting directly or indirectly on his behalf, may not have ownership or financial interest in the beer business operation on another tier.

South Dakota

License to self-distribute: No

Title 35

Title 35, Chapter 35-8A

If the brewery assumes ownership of the wholesaler's business upon payment of full value to the wholesaler or upon repossession under a loan from the brewer to the wholesaler, the brewery may operate the wholesalership for only a reasonable period of time thereafter, not to exceed two years. Otherwise, no manufacturer or brewer, or party directly interested in either of them, may be granted a wholesale license. Nothing in this chapter may be construed to prohibit an interest by a brewer in a wholesaler's business as a limited partner as defined by chapter 48-7, or to the extent of any amount loaned by the brewer to the wholesaler in acquiring the wholesaler's business. Such arrangement may exist for no longer than ten years. If the general partner defaults in the agreement with the limited partner, and the latter acquires title to the general partner's interest, the limited partner shall divest itself of the general partner's interest within two years.

Tennessee

License to self-distribute: Yes

Title 57

Title 57, Chapter 5, Part 1

104: It is lawful for the holder of a license issued pursuant to § 57-2-102, or the authorized agent of such licensee, to possess, store or transport the products of the manufacturing plant within, over and across the state; provided, that any alcoholic beverages or wine produced at a plant located within this state shall be stored by the licensee only within the county authorizing the operation, and such possession shall be limited to storage facilities of such manufacturer; and further provided, that such licensee may also possess such alcoholic beverages or wine while being transported, whether within or outside of the state. It is lawful for common carriers to transport the products of such manufacturing plant only pursuant to an agreement or contract with a licensee under this title.

101 (c)(2)  A manufacturer operating as a retailer pursuant to subdivision (c)(1)(A) may not sell its beer directly to retailers that are located in a county other than the county in which the manufacturer is located. Notwithstanding any provision of law to the contrary, any transfer or sale by a manufacturer operating as a retailer to an off-site retailer's location shall constitute a wholesale sale.

Texas

License to self-distribute: Yes

Title 3

Title 3, Subtitle B, Chapter 62 & 74

CH 62 (a): The holder of a manufacturer's license may: (1)  manufacture or brew beer and distribute and sell it in this state to the holders of general, local, and branch distributor's  licenses and to qualified persons outside the state; (2)  dispense beer for consumption on the premises; (3)  bottle and can beer and pack it into containers for resale in this state, regardless of whether the beer is manufactured or brewed in this state or in another state and imported into Texas; and (4)  conduct samplings of beer, including tastings, at a retailer's premises.

Brewpub CH 74: (d)  The holder of a brewpub license may not hold or have an interest either directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or other person, in a manufacturer's or distributor's license or any other license or permit in the manufacturing or wholesaling levels of the alcoholic beverage industry regardless of the specific names given to permits or licenses in Title 3 of this code. The holder shall be considered a "retailer" for purposes of Section 102.01 of this code.

Utah

License to self-distribute: Yes

Title 32B

Title 32B, Chapter 11, Part 5

(1)  A brewery manufacturing license allows a brewery manufacturing licensee to:(a)  store, manufacture, brew, transport, or export beer, heavy beer, and flavored malt beverages;  . . . (c)  sell beer to a beer wholesaler licensee; (d)  in the case of a small brewer, in accordance with Subsection (5), sell beer manufactured by the small brewer to: (i)  a retail licensee; (ii)  an off-premise beer retailer; or (iii)  an event permittee; and (e)  warehouse on its premises an alcoholic product that the brewery manufacturing licensee manufactures or purchases for manufacturing purposes. (5)  (a) A small brewer (less than 60,000 bbls) shall own, lease, or maintain and control a warehouse facility located in this state for the storage of beer to be sold to a person described in Subsection (1)(d) if the small brewer: (ii)  sells beer manufactured by the small brewer directly to a person described in Subsection (1)(d).(b)  A small brewer may not sell beer to a person described in Subsection (1)(d) unless the beer:(i)  is manufactured by the small brewer; and (ii)  is first placed in the small brewer's warehouse facility in this state.

Vermont

License to self-distribute: Yes

Title 7

Title Seven, Chapter 9

(a)   . . . However, a manufacturer of malt beverages may have a financial interest in the business of a first or second class license, and a first or second class licensee may have a financial interest in the business of a manufacturer of malt beverages, provided a first or second class licensee does not purchase, possess, or sell the malt beverages produced by a manufacturer with which there is any financial interest . . .

Virginia

License to self-distribute: Yes

Title 4.1

Title 4.1, Chapter 2, Article 2

The Board may grant the following licenses relating to beer: 1.  Brewery licenses, which shall authorize the licensee to manufacture beer and to sell and deliver or ship the beer so manufactured, in accordance with Board regulations, in closed containers to (i) persons licensed to sell the beer at wholesale; (ii) persons licensed to sell beer at retail for the purpose of resale within a theme or amusement park owned and operated by the brewery or a parent, subsidiary or a company under common control of such brewery, or upon property of such brewery or a parent, subsidiary or a company under common control of such brewery contiguous to such premises, or in a development contiguous to such premises owned and operated by such brewery or a parent, subsidiary or a company under common control of such brewery; and (iii) persons outside the Commonwealth for resale outside the Commonwealth. Such license shall also authorize the licensee to sell at retail the brands of beer that the brewery owns at premises described in the brewery license for on-premises consumption and in closed containers for off-premises consumption.

Washington

License to self-distribute: Yes

Title 66

Title 66, Chapter 66.24

(1)  Any microbrewery licensed under this section may also act as a distributor and/or retailer for beer and strong beer of its own production. Strong beer may not be sold at a farmers market or under any endorsement which may authorize microbreweries to sell beer at farmers markets. Any microbrewery operating as a distributor and/or retailer under this subsection shall comply with the applicable laws and rules relating to distributors and/or retailers, except that a microbrewery operating as a distributor may maintain a warehouse off the premises of the microbrewery for the distribution of beer provided that (a) the warehouse has been approved by the board under RCW 66.24.010 and (b) the number of warehouses off the premises of the microbrewery does not exceed one. A microbrewery holding a spirits, beer, and wine restaurant license may sell beer of its own production for off-premises consumption from its restaurant premises in kegs or in a sanitary container brought to the premises by the purchaser or furnished by the licensee and filled at the tap by the licensee at the time of sale.

Rev. Code Wash. (ARCW) § 19.126.020 (a) Any distiller licensed under RCW 66.24.140 or 66.24.145 and producing less than sixty thousand proof gallons of spirits annually or any brewery or microbrewery licensed under RCW 66.24.240 and producing less than two hundred thousand barrels of malt liquor annually . . .

West Virginia

License to self-distribute: Yes, limited

Chapter 11

Chapter 60, Article 4 & Chapter 11, Article 16;

§ 11-16-6 (a)  No person shall be licensed in more than one capacity under the terms of this article, and there shall be no connection whatsoever between any retailer, distributor, resident brewer or brewer, and no person shall be interested directly or indirectly through the ownership of corporate stock, membership in a partnership, or in any other way in the business of a retailer, if such person is at the same time interested in the business of a brewer, resident brewer or distributor. A resident brewer may act as distributor in a limited capacity for his or her own product from such resident brewery, place of manufacture or bottling, but a resident brewer is not permitted to act as a distributor as defined in section three [§ 11-16-3] of this article: Provided, That nothing in this article may prevent a resident brewer from using the services of licensed distributors as specified in this article. A resident brewer or distributor may sell to a consumer for personal use and not for resale, draught beer in quantities of one-eighth, one-fourth and one-half barrels in the original containers. A resident brewer owning a brewpub may sell nonintoxicating beer or nonintoxicating craft beer produced by the brewpub in a sealed growler, cans or bottles for personal consumption off of a licensed premise and not for resale. (b)  It is unlawful for any brewer, resident brewer, manufacturer or distributor to assist any retailer or for any retailer to accept assistance from any brewer, manufacturer or distributor any gifts or loans or forebearance of money or property of any kind, nature or description, or other thing of value or by the giving of any rebates or discounts of any kind whatsoever except as may be permitted by rule, regulation, or order promulgated by the commissioner in accordance with this article. Notwithstanding paragraphs (a) and (b) above, a brewpub may offer for retail sale nonintoxicating beer or nonintoxicating craft beer so long as the sale of the nonintoxicating beer or nonintoxicating craft beer is limited to the brewpub premises, except for up to two growlers per customer for personal consumption off of a licensed premises and not for resale.

§ 60-4-3: A person who is licensed to manufacture alcoholic liquors in this State may sell liquors in this State only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter: [ . . . Breweries in which beer is manufactured]

Wisconsin

License to self-distribute: Yes

Chapter 125

Regulation of Trade, Chapter 125, Subchapter II

Brewers: (3)  AUTHORIZED ACTIVITIES. The department shall issue brewers permits to eligible applicants authorizing all of the following: (a)  The manufacture of fermented malt beverages on the brewery premises. (b)  The bottling, packaging, possession, and storage of fermented malt beverages on the brewery premises. (c)  The transportation of fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer. (d)  The sale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewery premises, of fermented malt beverages that have been manufactured by the brewer on those premises or on other premises of the brewer. . . .  (3m)  (b)  A brewer that manufactures 300,000 or less barrels of fermented malt beverages in a calendar year from all locations may sell, ship, transport and deliver to retailers, from the brewery premises, fermented malt beverages, in original unopened packages or containers, that have been manufactured on the brewery premises, if the brewer complies with the requirements in § 125.33 and 125.34, as applicable, to the same extent as if the brewer were a wholesaler.

Brewpubs: (1)  The department shall issue brewpub permits to eligible applicants authorizing all of the following:(a)  The manufacture of fermented malt beverages on the brewpub premises if the entire manufacturing process occurs on these premises and not more than 10,000 barrels of fermented malt beverages are manufactured in a calendar year by the permittees brewpub group.  . . .  (f)  Subject to s. 125.34 (3) and (4), the sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brew

Wyoming

License to self-distribute: Yes
 
Title 12
Title 12, Chapter 2, Article 2
 
§ 12-2-201 (a)  Except as otherwise provided in paragraph (ii) of this subsection a wholesale license authorizing the sale of malt beverages only may be granted by the commission to microbreweries and malt beverage wholesalers resident within this state. Wholesale licensees have the exclusive right to sell malt beverages at wholesale . . .

§ 12-4-412 : (a)  Subject to restrictions imposed under W.S. 12-4-103 excluding W.S. 12-4-103(a)(vi), a local licensing authority may issue: (i)  A microbrewery permit authorizing a permit holder to brew a malt beverage and dispense the brewed malt beverage for on-premises and limited off-premises personal consumption; (b)  The local licensing authority:(i)  May allow the sale of other malt beverages under a microbrewery permit for on-premises consumption when obtained through licensed wholesale malt beverage distributors; (iii)  May approve the dual holding of a microbrewery permit or winery permit and one (1) of the following: (A)  A retail liquor license as provided in W.S. 12-4-101 through 12-4-202; (B)  Subject to subsection (c) of this section, a restaurant license as provided in W.S. 12-4-411; (C)  A resort license as provided in W.S. 12-4-401 through 12-4-405; (D)  A microbrewery permit as provided under paragraph (a)(i) of this section; (E)  A winery permit as provided under paragraph (a)(ii) of this section; or (F)  Subject to subsection (e) of this section, a bar and grill liquor license as provided in W.S. 12-4-413. Microbrewery: no more than 15,000 bbls, no less than 100 bbls.

§ 12-5-401: No industry representative shall hold any interest, stock or ownership directly or indirectly, in any license to sell products of the industry at retail under privileges of a license or permit to sell any beverage or liquor in Wyoming or in any premises so licensed. This section shall not apply to any person holding a microbrewery or winery permit pursuant to W.S. 12-4-412. This section shall also not apply to a person holding a manufacturer's license under W.S. 12-2-203(a) to the extent he may be permitted one (1) satellite manufacturer's permit pursuant to W.S. 12-2-203(g).

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