§ 5-01-04 — Manufacture of alcoholic beverages prohibited - Exceptions

A person may manufacture alcoholic beverages for personal or family use, and not for sale,
without securing a license if the amount manufactured is within quantities allowed by the alcohol
and tobacco tax and trade bureau of the United States treasury department. Any person
manufacturing alcoholic beverages within this state in quantities greater than those permitted by
the alcohol and tobacco tax and trade bureau of the United States treasury department is guilty
of a class A misdemeanor and property used for the same is subject to disposition by the court
except any person may establish a brewery for the manufacture of malt beverages, a winery, or
a distillery or other plant for the distilling, manufacturing, or processing of alcohol within this
state if the person has secured a license from the tax commissioner. This license must be
issued on a calendar-year basis with a fee of five hundred dollars. A first-time license fee may
be reduced twenty-five percent for each full quarter of a year elapsed between the first day of
the year for which the license is issued and the date on which the application for the license is
filed with the tax commissioner. A license may not be issued for any period for a fee less than
one-half of the annual license fee. This license shall allow sale to only licensed wholesalers.