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Alcohol Law

Distilleries

Starting a distillery, also known as a “distilled spirits plant” (DSP), requires significant advance planning, strategy, and knowledge of federal and state regulations.

We advise our clients to start the process at least eight months to one year ahead of the planned opening. A major challenge facing craft distilleries is that it is never legal to distill spirits without a federal DSP permit**. While home winemaking or home brewing is generally legal for personal or family use, federal law strictly prohibits individuals and distilleries in planning from producing distilled spirits at home or at any place other than a TTB-qualified distilled spirits plant. Unlike home brewing or home winemaking, those seeking to test distilled spirits recipes and/or techniques are unable to do so easily.

**While in June 2024 a Texas federal court did rule the federal ban on home distilling to be unconstitutional, that decision is not the law of the land, and the prohibition remains.

A distillery or DSP may produce, bottle, rectify, process, or store beverage spirits. Examples of beverage distilled spirits include neutral spirits or alcohol (i.e., vodka or grain spirits), whiskey, gin, brandy, blended applejack, rum, tequila, cordials, and liqueurs.

State Licensing: Many states offer specific licenses for distilleries, and in some cases, “distillery pub” licenses that may operate similarly to brewpub licenses. These state licenses often require additional local licenses and go through an additional processes.

Distillery Lawyers at Clark Hill

Our experienced liquor lawyers are ready to assist in obtaining TTB Federal DSP Permits, manufacturer’s licenses, and wholesaler’s licenses across the United States. Whether you need to transfer, modify, or obtain a new liquor license, our beverage attorneys will start by addressing your needs and continue to provide guidance along the way. Your goals and bottom line are our priority. Contact the beverage lawyers at Clark Hill today to discuss your liquor license needs.