§ 3-5-1602 — Licensing of small farm wineries

(a) An in-state or out-of-state small farm winery may apply to the Alcoholic Beverage Control Board for a small farm winery license. (b) (1) A small farm winery may be licensed by the board. (2) The license shall: (A) Show the registration number and location of the small farm winery; (B) Show the name of the person that owns or operates the small farm winery; and (C) Be conspicuously posted at the small farm winery. (c) (1) The small farm winery license authorizes the licensee to perform the following functions without the small farm winery having to obtain a separate license: (A) Manufacture wines and bottle wines produced by that small farm winery; (B) Bottle wines produced by another small farm winery; (C) Serve on the premises or at small farm winery off-premises retail sites complimentary samples of wine produced by the small farm winery or another licensed small farm winery, if the small farm winery or its off-premises retail site is located in a wet territory; (D) Sell at retail by the drink or by the package wine produced on the premises of the small farm winery or produced by another small farm winery, if all sales occur in a wet territory and at: (i) The small farm winery off-premises retail sites; or (ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required; (E) (i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders. (ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a licensed small farm winery wholesaler; (F) Sell for consumption on the premises wine produced by the small farm winery or another small farm winery and purchased by the drink or by the package at the licensed premises, if the small farm winery is located in a wet territory; (G) Receive shipments of sparkling wine or champagne in bottles with or without a label from other in-state or out-of-state small farm wineries; and (H) Sell for on-premises or off-premises consumption hard cider manufactured by a hard cider manufacturer, if all sales occur in a wet territory. (2) A small farm winery off-premises retail site shall be separately licensed under § 3-5-1605(a)(3) before performing the operations listed in subdivision (c)(1) of this section at the off-premises retail site. (d) An applicant for a small farm winery license shall submit with its application to the board a copy of the small farm winery's federal basic permit and proof documenting its annual wine production. (e) The board may issue a license under this section to a small farm winery in a dry area if the small farm winery sells exclusively to wholesalers as authorized under § 3-8-203 .

Legislative History

Amended by Act 2023, No. 747,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 691,§ 17, eff. 7/24/2019. Amended by Act 2013, No. 1001,§ 1, eff. 8/16/2013. Acts 2007, No. 668, § 1; 2009, No. 1195, § 1.