§ 3-7-7.4 - Brew on premises license.
SECTION 3-7-7.4
§ 3-7-7.4 Brew on premises license. –(a) A brew on premises license (BOP) authorizes the holder to provide brewingsupplies and facilities to the public for the private manufacture of maltbeverages on the licensed premises. The BOP license shall not authorize thesale of malt beverage to the general public on the premises nor the consumptionof alcoholic beverages on the premises. The annual fee for the license shall beone thousand dollars ($1,000) for producing more than fifty thousand (50,000)gallons per year and one hundred dollars ($100) per year for producing lessthan fifty thousand (50,000) gallons per year, prorated to the year endingDecember 1 in every calendar year and paid to the director of the department ofbusiness regulation.
(b) The director of the department of business regulation,the director of the department of health, and the director of the department ofenvironmental management may promulgate rules and regulations, not inconsistentwith the purpose of this section, if in the interest of health and safety theyare deemed necessary. The director of the department of business regulationshall limit to seven (7) the maximum number of operating facilities issuedlicenses by the department pursuant to this section.
(c) Any operating facility issued a license pursuant to thissection and any individuals using the premises are subject to federalregulations including, but not limited to, 27 CFR 24.75 and 27 CFR25.205-25.206.
(d) Any facility issued a license pursuant to this sectionshall, in addition to any federal regulations, comply with the followingconditions:
(1) The proprietor of the facility must provide a writtennotice to the director of the department of business regulation beforebeginning business. The notice must contain the name and address of the brew onpremises facility and the hours when it is open for business. The maximum hoursof operation shall be Monday through Saturday, eight o'clock (8:00) a.m.through eleven o'clock (11:00) p.m. and Sunday twelve o'clock (12:00) noonthrough six o'clock (6:00) p.m., provided, however, bottled beer shall not beremoved from the facility on Sundays, and except on Christmas, New Year's, andThanksgiving when the facility shall not be open. The notice must be updated inthe event of any change in name, address or hours of operation;
(2) The proprietor of the brew on premises facility must keeprecords relating to all individuals using the facility. Information in theserecords must include the name, address, age, number of adults residing in theindividual's household, and the quantity of beer produced by each individualduring a calendar year. These records may consist of commercial records orinvoices, and must be available for inspection by any authorized investigatorof this department during the business hours of the facility;
(3) The brew on premises facility shall not provide physicalassistance to, or on behalf of, customers in the production or bottling ofbeer, but may provide advice.
(i) The following activities are examples of providingphysical assistance in the production of beer:
(A) Filling of vessels with brewing ingredients;
(B) Mixing of ingredients;
(C) Movement of beer from one vessel or container to anothercontainer; and
(D) Filtering and bottling of the final product;
(ii) The following activities do not constitute providingphysical assistance in the production of beer:
(A) Cleaning, maintenance, and repair of brewing and bottlingequipment;
(B) Maintenance of climate and temperature control;
(C) Disposal of spent grains and wastes;
(D) Quality control (including laboratory examination) ofbeer; and
(E) Preheating of vessels;
(4) The same individual is responsible for brewing, handlingor transporting the beer produced and must be at least twenty-one (21) years ofage. This individual may produce beer within the prescribed quantity oflimitations, shall not transport in excess of twenty (20) gallons of beerproduced, and may not sell beer produced. Production of beer for personal usemay not be in violation of federal law or regulation or state law orregulation. Beer produced at a brew on premises facility may be removed onlyfor the personal use of the brewer.
(ii) The production of beer per household for personal orfamily use may not exceed:
(A) Two hundred (200) gallons per calendar year if there aretwo (2) or more adults residing in the household; or
(B) One hundred (100) gallons per calendar year if there isonly one adult residing in the household;
(iii) Partnerships, corporations, or associations may not usethe brew on premises facility and may not produce beer for personal or familyuse; and
(iv) Transportation of brewed beer shall be at the time ofbottling. The brew on premises facility shall not allow more than twenty (20)cases (twenty-four (24) twelve (12) ounce bottles) to remain on the premises atany given time.
(e) Any violation of the provisions of this section shall beenforced in accordance with any of the appropriate enforcement provisionscontained in this title.