Banner Art

12-47-415, Brew Pub License

(1)  A brew pub license may be issued to any person operating a brew pub and also selling malt, vinous, and spirituous liquors in the place where such liquors are to be consumed. Effective January 1, 1997, a brew pub license shall be issued to any hotel and restaurant licensee operating a licensed brewery with no action required on the part of the hotel and restaurant licensee.

 

(2)  During the hours established in section 12-47-901 (5) (b), malt liquors manufactured by a brew pub licensee on the licensed premises may be:

(a)  Furnished for consumption on the premises;

(b)  Sold to independent wholesalers for distribution to licensed retailers;

(c)  Sold to the public in sealed containers for off-premises consumption. Only malt liquors manufactured and packaged on the premises by the licensee shall be sold in sealed containers.

(d)  Sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year.

 

(3)  Every person selling malt, vinous, and spirituous liquors pursuant to this section shall purchase such malt, vinous, and spirituous liquors, other than those that are manufactured at the licensed brew pub, from a wholesaler licensed pursuant to this article; except that not more than five hundred dollars' worth of malt, vinous, and spirituous liquors may be purchased during each calendar year from a retail liquor store. Each such purchase of malt, vinous, and spirituous liquors shall be evidenced by a purchase receipt showing the name of the retail liquor store, the date of purchase, a description of the liquor purchased, and the price paid for such purchase. Such receipt shall be retained and made available to state and local licensing authorities at all times during business hours.

 

(4)  A brew pub licensee shall sell malt, vinous, and spirituous liquors for on-premises consumption only if at least fifteen percent of the gross on-premises food and drink income of the business of the licensed premises is from the sale of food. For purposes of this subsection (4), "food" means a quantity of foodstuffs of such nature as is ordinarily consumed by an individual at regular intervals for the purpose of sustenance.

 

(5) (a)  It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a brew pub license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article.

(b)  Notwithstanding paragraph(a) of this subsection (5), a person interested directly or indirectly in a brew pub license may conduct, own either in whole or in part, or be directly or indirectly interested in a license described in section 12-47-401(1)(j) to (1)(t), or in a financial institution referred to in section 12-47-308 (4).