Brewers Association

Self-Distribution Laws






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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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Please review your state's statute citation and provide us feedback based on your actual experiences.

Does the database cite the correct statute(s)?

  • Does the database cite all the laws that apply to self distribution in your state?
  • Are there provisions relating to licensing and/or production caps that affect self distribution and therefore should also be referenced?
  • Are there any current efforts to address the distribution laws in your state?

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Alabama

License to self-distribute: No

Title 28

(b) No manufacturer licensee shall sell any alcoholic beverages direct to any retailer or for consumption on the premises where sold, 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

Chapter 04.11. LICENSING Unlimited self distribution to licensed wholesalers and retailers (provided by brewer)

Arkansas

License to self-distribute: Yes

Title 3, Chapter 5-SubChapter 1405

(A)Manufactures at its licensed facility no less than thirty-five percent (35%) of its beer and malt beverages to be sold in the state or 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;

Arizona

License to self-distribute: Yes

Title 4

4-205.08. Domestic microbrewery license D. A licensed domestic microbrewery is subject to all of the following requirements: 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 3,000 bbl under 20,000 bbl production cap; unlimited to same-ownership outlets)

California

License to self-distribute: Yes

Business & Professions Code, Div.9

A holder of a beer manufacturers license can sell to a licensed retailer. No restrictions on production size or on-premise (brewpubs).  Holders of a Type 75 Brewpub license with liquor may  only distribute through a licensed wholesaler.

Colorado

License to self-distribute: Yes

Title 12, 47-402. Manufacturer's license; §12-47-415

12-47-402. Manufacturer's license. 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. Brewpubs may sell at wholesale to licensed retailers in an amount up to 300,000 gallons per calendar year.

Connecticut

License to self-distribute: Yes

Title 30, Ch. 545

Sec. 30-16. Manufacturer permit. (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

Statutes only specifically mention the right to sell to a wholesaler.

District of Columbia

License to self-distribute: No

Title 25, Ch.1,Subch. 2, sec. 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,Ch.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, Chapter 5

Based on 3-5-32 (no manufacturer can have an interest in a wholesaler operation)

Hawaii

License to self-distribute: Yes

Title 16-Ch. 281

1. Manufacturers' licenses. A license for the manufacture of liquor shall authorize the licensee to manufacture the liquor therein specified and to sell it at wholesale in original packages to any person who holds a license to resell it and to sell draught beer or wine manufactured from grapes or other fruits grown in the State in any quantity to any person for private use and consumption.

Iowa

License to self-distribute: Yes

Ch.123, sec 124

A class "A" permit allows the holder to manufacture and sell beer at wholesale.

Idaho

License to self-distribute:  Yes

Title 23 ch.10

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.

Illinois

License to self-distribute: Yes

Ch.235

ARTICLE V. LICENSES Class 3. In state brewers may make sales and deliveries of beer to importing distributors, distributors, and to non licensees, and to retailers provided the brewer obtains an importing distributor's license or distributor's license in accordance with the provisions of this Act.

Manufacturers of beer outside of Illinois must: obtain a non-resident dealer license (NRD); file registration statements and label approvals, and; sell only to licensed importing distributors.

Indiana

License to self-distribute: Yes

Title 7.1

(<20k) (5) If the brewer's brewery manufactures not more than twenty thousand (20,000) barrels of beer in a calendar year, do the following (A) Sell and deliver beer to a person holding a retailer or a dealer permit under this title.

Kansas

License to self-distribute: No

Chapter 41

41-308b. Microbrewery license 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;

Kentucky

License to self-distribute: No

KRS Chapter 243.00

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 26:273

§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

C. A holder of a small brewery license may sell or deliver the product to licensed retailers and wholesalers. The licensee may sell, on the premises for consumption off the premises, malt liquor produced at the brewery by the bottle, case or in bulk to licensed retailers, including, but not limited to, off-premise retail licensees, restaurants and clubs.

Maryland

License to self-distribute: No

Article 2B

§ 2-208. Micro-brewery license. 2) Notwithstanding § 2-201(b) of this subtitle, may not be granted a wholesale alcoholic beverages license.

Massachusetts

License to self-distribute: Yes

138 section 18-19

A 19 license, allows brewers to distribute an unlimited amount. A 19C farmer brewers license allows sales at retail and brewers may hold a Sec. 18 wholesalers license to distribute their beer or another brewer's beer.

Michigan

License to self-distribute: No

Chapter 436

436.1401 Wholesalers to be granted exclusive sales territory by manufacturer and outstate seller of beer and malt beverages.

Minnesota

License to self-distribute: Yes (limited)

Chapter 340A

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). (g) A brewer that manufactures malt liquor in Minnesota may, if the brewer does not manufacture in Minnesota in any year more than 25,000 barrels of malt liquor or its metric equivalent, own or have an interest in a malt liquor wholesaler that sells only the brewer's products.

Missouri

License to self-distribute: No

Title 20, Chapter 311

Sec. 311.195 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.

Mississippi

License to self-distribute: No

Title 67

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

Montana

License to self-distribute: Yes

Title 16, Ch. 39

(<60k) 16-3-214 a brewer who manufactures less than 60,000 barrels of beer a year (a) sell and deliver beer from its storage depot or brewery located in Montana to: (i) a wholesaler; or (ii) any retail licensees who are entitled to purchase beer from a brewer under this code; or (iii) the public.

Nebraska

License to self-distribute: No

Chapter 53

Section 53-169 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

NRS 369.382  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,sec. 178:12&13

Brewers ("Beverage Manufacturers") who produce less than 15,000 barrels and sell less than 5,000 barrels in-state per year can opt for self-distribution. Brewpubs can also self-distribute, though brewpubs can only produce fewer than 2,500 barrels. (provided by brewer).

New Jersey

License to self-distribute: Yes

Title 33;1-10

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

60-6A-26.1. Small brewer's license

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

If you apply for and receive a microbrewers license, you are entitled to apply for a distributors permit. This permit allows you to self distribute up to a capacity of 60,000 bbl. annually. Once you reach that plateau you must work through distributor networks. If you have a brewpub license the water is murky as to what you can do (some distribute, but most serve on premises only). A brew pub can apply for a Restaurant/Brewer license which allows them to distribute themselves off premises, but only up to 3,000 bbl. per year. This also allows them to operate up to 3 brewpubs in New York State and the distribution is capped at 8,000 bbl. off premises per year aggregate. - provided by brewer. Also see § 51. Brewer's license, sec. 2.

North Carolina

License to self-distribute: Yes

Chapter 18B

§ 18B 1104. Authorization of brewery permit. (7) In areas where the sale is legal, sell the brewery's malt beverages at the brewery upon receiving a permit under G.S. 18B 1001(1). The brewery also may 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 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: No

Title 5

5-01-11. Unfair competition - Penalty. A manufacturer may not have any financial interest in any wholesale alcoholic beverage business. CHAPTER 5-01 14 A microbrew pub (>10k barrels per year) may not engage in any wholesaling activities.

Ohio

License to self-distribute: Yes

Title XLIII

§ 4303.02. 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 retail and wholesale permit holders under rules promulgated by the division of liquor control. The fee for this permit is three thousand nine hundred six dollars for each plant during the year covered by the permit. § 4301.24 This section does not prevent the holder of an A permit from securing and holding a wholesale distributor's permit or permits and operating as a wholesale distributor.

Oklahoma

License to self-distribute: Yes

Title 37

§37-521. 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, Ch. 471

Brewery licensees can self distribute with no volume restriction.  Brewpub licensees can self distribute to one other location and if their production is less than 1000 BBL's in the previous calendar year they can self distribute. 471.220 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.

Pennsylvania

License to self-distribute: Yes

Title 40

PA has historically viewed brewers as always being the 'master distributor' of its brands, permitting PA brewers to self distribute in territories that they have not assigned a wholesaler to do so for them. (provided by brewer)

Rhode Island

License to self-distribute: Yes(?)

Title 3

§ 3-6-15 Manufacturer's interest in business of wholesaler prohibited. – No manufacturer of distilled spirits or wines whose principal place of manufacture is outside of this state shall hold a wholesaler's license

South Carolina

License to self-distribute: No

Title 61

61-4-940 (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

35-8A-8 no manufacturer or brewer, or party directly interested in either of them, may be granted a wholesale license.

Tennessee

License to self-distribute: Yes

Title 57

57-5-101 (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

Alcoholic Beverage Code Title 3, Ch. 12

Brewpubs are not allowed to distribute (self or otherwise) in Texas. Shipping breweries can self-distribute if they manufacture less than 75,000 bbls of beer per year.  You need a manufacturer's license in Texas to make "beer" defined as less than 4% ABW.  You need a brewer's permit to make "ale" defined as more than 4% ABW.  The 75,000 bbls is calculated as total "beer" and "ale".  (synopsis provided by brewer)

Utah

License to self-distribute:  Yes (<60k)

Title 32A

32A-8-401 (1) A brewery license allows the licensee to: (d) in the case of a small brewer, sell in accordance with Subsection (5) beer manufactured by the brewer to: (i) a licensed retailer;

Virginia

License to self-distribute: Yes

Title 4.1

§ 4.1-208. Beer licenses (brewer stated a brewery can form a separate distribution company as a distinct legal entity)

Vermont

License to self-distribute: Yes

Title 7

A brewer can hold a wholesalers license and self-distribute. (provided by brewer)

Washington

License to self-distribute: Yes (<60k)

Title 66

66.24.244  (2) Any microbrewery license under this section may also act as a distributor and/or retailer for beer and strong beer of its own production

Wisconsin

License to self-distribute: Yes

Chapter 125

125.29(3) Activities.  Subject to s. 125.34 (2), a brewer may manufacture, possess and store fermented malt beverages on the brewery premises and transport fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer for which the brewer has a wholesaler's license issued under s. 125.28.

West Virginia

License to self-distribute: Yes

§11-16-6

A brewer whose place of brewing or manufacture is located within the state of West Virginia may act as distributor of his own product from such brewery, place of manufacture or bottling, but must have a distributor's license for distribution from a place other than the place of brewing or manufacture.

Wyoming

License to self-distribute: Yes

Title 12

12-2-201 (a) A wholesale license authorizing the sale of malt beverages only may be granted by the commission to breweries, microbreweries and malt beverage wholesalers resident within this state.

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