Ohio Beer Counsel
Information and Commentary on the Issues Facing Ohio's Craft Beer Community, Breweries and Distilleries - Brewed by the Craft Beer Lawyers of Bruns, Connell, Vollmar & Armstrong's Brewery & Distillery Practice Group



Are You Brewing Beer for Sale Without a Permit?

Starting a brewery requires careful planning, due diligence, a substantial amount of money and patience, among other things.  Most of this work is required to even be in a position to submit applications to the TTB and the State of Ohio for permitting.  Assuming you have your equipment in place, what's the harm in brewing batches of beer to be sold while you wait on your permits?

Photo by Photos.com/PHOTOS.com>> / Getty Images

Unfortunately, neither the State of Ohio nor the TTB permit anyone to manufacture any beer for sale without obtaining the proper permits.  Pursuant to Ohio law, "No person, . . . who is not the holder of an A permit issued by the division of liquor control, in force at the time, . . . shall manufacture any beer or intoxicating liquor for sale. . ."  Pursuant to Federal Regulations, "A person may not commence the business of a brewer until the appropriate TTB officer approves the brewery and the brewer's notice. . ."

No exceptions exist to obtaining the proper permits before you brew beer for sale.  If caught, the State of Ohio has the power to suspend, revoke and cancel permits.  In fact, anyone who brews beer for sale without a permit can be charged criminally with a 1st degree misdemeanor!

The business of brewing in the State of Ohio, while growing, contains pitfalls.  However, these pitfalls can be avoided with careful navigation and full understanding of applicable laws and regulations. 

Contact OBC with any questions or assistance you may require.