Application Type: Brewery – Brewpub
Documentation Required for all Applicants

For a Corporation  - A copy of your Articles of Incorporation and/or Certificate of Incorporation

Documents filed with the state that legally records the creation of a corporation.

For a Limited Liability Company - A copy of your Articles of Organization and/or Certificate of Organization

Documents filed with the state outlining the formation of a limited liability company. 

For a Partnership – A copy of your partnership agreement

A contract between partners that sets out the terms and conditions of the partnership. 

Lease Agreement or Proof of Property Ownership

If you are leasing the property/premises where you will be conducting your operations, you must submit a copy of your signed and dated lease agreement. 

This agreement must show that the property owner knows how you intend to use the property and gives consent for you to use the building/land for this purpose. 

We need this information even if the owners or officers of the company own the property and are leasing to the company. 

If you own the property/premises then you must provide proof of ownership, such as a deed.

Signing Authority Authorization

You must supply proof that any person who will sign documents, forms, reports, etc., or who will correspond with TTB about this business, has legal authority to do so.  Proof of signing authority includes such things as:

• An excerpt from the Articles of Incorporation (Corporations)
• An excerpt from the Articles of Organization (LLCs)
• An excerpt from the Partnership Agreement (Partnerships)
• Copies of a relevant resolution
• Official company meeting minutes
• TTB Form 5100.1, Signing Authority for Corporate and LLC Officials 
• TTB Form 5000.8, Power of Attorney, if someone other than an employee, such as a consultant, will act on behalf of the business entity.

Diagram of the Brewery

The diagram of the premises must:   

• Indicate the dimensions of the premises in feet and inches
• Identify the location of equipment and give serial number and capacity of all tanks
• Show where all doors are located
• If applicable, show location of brewpub or tasting room

Source of Funds Documentation

Each owner of the business (whether an individual, company, or trust) must supply documentation to show the source of the funds the owner is investing in the business.  Examples of different sources of funds, and acceptable documentation, include:

• Financial Gifts – You must include on your application the name of any individual making a gift along with the amount of the gift.  You must submit a statement from that individual where the individual declares that he or she has no control or ownership in the business. 
• You also must submit a financial record or bank statement showing your receipt of the gift.
• Loans – You must provide a copy of a promissory note or a statement from any entity providing a loan.  You must also submit a financial record or bank statement showing your receipt of the loan.
• Bank Account Records – If the source of funds is a savings account, checking account, or other type of financial account, you must submit a current statement showing a balance that includes the amount you’re investing, and statements for each of the three prior months.
  
  • If you’ve already invested the funds, you must submit a bank statement from the month that the funds were removed for business purposes and the bank statements for each of the three months prior to that month.
  • If the funds are coming from a jointly owned account, such as with a spouse, submit a signed letter from the other party stating that the party has no control or ownership in the proposed business (if applicable).
  • If a company has a current, official, detailed financial statement covering the proposed operations, you may submit it in lieu of the bank account records.

Application Type: Brewery – Brewpub
Other Documents You May Need to Upload

Brewer’s Bond

A bond is an insurance agreement pledging security for payment of taxes, including penalties and interest, for which you may become liable.

For a surety bond, TTB Form 5130.22, Brewer's Bond or for a cash bond, TTB Form 5130.25, Brewer's Collateral Bond.

A brewery - brewpub must provide a bond if:

• Your tax liability for beer under one employer identification number (EIN) will exceed $50,000.00 this calendar year.
• Your tax liability for beer under one EIN exceeded $50,000.00 last calendar year.
• You will not pay excise taxes on a deferral basis (i.e., semi-monthly, quarterly or annually).

Power of Attorney

TTB Form 5000.8.  If someone other than an employee, such as a consultant, will act on behalf of the business entity.

Bottling on Account for Trade Name

If you’ll be bottling product under contract for someone else, you must supply a letter from the owner of the trade name granting permission to use their trade name on your label.

Change in Bond (Consent of Surety)

TTB Form 5000.18 is needed if you are conducting additional operations that are not covered under your bond, such as alternation of premises or adding a non-contiguous location. 

NOTE: If you are not required to obtain a bond, a Change in Bond (Consent of Surety) form is not required either.

Variance Request

A variance request is letterhead notice (a statement written on company letterhead) requesting permission to use an alternate method or procedure in lieu of one outlined in the regulations. 

You will need to describe, in detail, the proposed alternate method or procedure and the existing regulation to which it relates. 

You must also provide “good cause” for your request, such as when changing circumstances create a need for a different approach. 

Alternating Proprietorship (Brewery)

If two or more proprietors with different EINs will be operating at the same premises and sharing space and/or equipment, you must provide the following documents:

The host of an alternating proprietorship is required to submit:

• An alternating proprietorship agreement (a contract between the host and tenant).
• A  Change in Bond (Consent of Surety) form, which conveys consent to the periodic alternation of premises with the tenant brewer.  Note: If you are not required to obtain a bond, a Change in Bond (Consent of surety) form is not required either.

Suggested language is as follows: This consent extends the terms of the bond identified above to cover the operations as an alternating proprietorship between HOST at (list the brewery location – street, city, state, and zip) and TENANT, periodically suspending and resuming operations, in accordance with the procedures described in the Brewer’s Notice. 

• A variance request for an alternate method of operations from requirements of 27 CFR 25.23(a), to use brewery for other purposes.  “Application to Use Brewery for Other Purposes”.
• A variance request for an alternate method of operation from the requirements of 27 CFR 25.78, “Request for Alternate Method of Operations- Change in Premises” to allow the use of brewery records as the record of extension and curtailment of brewery premises, in lieu of filing an amended brewer’s notice with each alternation of the brewery premises.

A tenant of an alternating proprietorship must supply the following:

• An alternating proprietorship agreement (a contract between the host and tenant).          
• A  Change in Bond (Consent of Surety) form, which conveys consent to the periodic alternation of premises with the host brewer.  Note:  If you are not required to obtain a bond, a Change in Bond (Consent of Surety) form is not required.

Suggested language is as follows: This consent extends the terms of the bond identified above to cover the operations as an alternating proprietorship between HOST at (list the brewery location – street, city, state, and zip) and TENANT, periodically suspending and resuming operations, in accordance with the procedures described in the Brewer’s Notice.

• A variance request for an alternate method of operation from the requirements of 27 CFR 25.300(a), “Retention and Preservation of Records - Place of Maintenance", only if the host of the alternating proprietorship, under power of attorney for the tenant, plans to prepare or store records on the premises of the host brewery.
• A variance request for an alternate method of operation from the requirements of 27 CFR 25.52, “Request for Alternate Method of Operations- Change in Premises” to allow the use of brewery records as the record of extension and curtailment of brewery premises, in lieu of filing an amended brewer’s notice with each alternation of the brewery premises.
• A variance request for an alternate method of operation to allow the establishment of an alternating proprietorship with the host brewer, “Notice of Alternation”
• A business plan showing the development plans for the business.

Alternating Premises (Brewery)

When the same proprietor desires to alternate part of the premises to conduct another TTB- regulated business, such as a winery or distilled spirits plant, you must provide the following documents:                    

• A Change in Bond (Consent of Surety) form, Note:  If you are not required to obtain a bond, a Change in Bond (Consent of surety) form is not required either.
• Variance request from 27 CFR 25.81 (when alternating from a brewery to a winery) so that the brewery does not need to give notice each time the premises alternates.
• Variance request from 27 CFR 25.78 (when alternating the premises to a distilled spirits plant) so that the brewery does not need to give notice each time the premises alternates.
• Variance request from 27 CFR 25.23(a) to use brewery for another purpose.