I want to open my own tasting room, what steps must I follow to be legal ?
Answer From Expert Roger Bohmrich MW
To begin to give you basic guidance, I would first need to have more detail. Do you operate a bonded winery and want to extend your activities into an on-site tasting room, as is the norm with many wineries in the U.S., or perhaps set up one located elsewhere (in a nearby town, for example)? Or are you a private individual who wishes to create a venue to taste and sell wines to consumers? In both cases, the first step as always in the world of alcoholic beverages is to learn about the regulations which may have a bearing on your plans. They may be straightforward and easy to understand, or they may require an attorney, just to be sure that all the boxes have been checked. At the federal level, the TTB (ttb.gov) is involved with winery operations, regulating tasting of non-taxpaid wine to the public. They say that a bonded wine premise is already registered as a dealer, but that any other retail locations must be separately registered. There will be state, county and, possibly, local laws and ordinances to take into account as well - along with rules imposed by agencies (federal and state) not directly responsible for alcohol (e.g., the FDA). A winery may be allowed only one off-site tasting location in some states. As a private individual, the tasting room concept is likely to fall under a retail license of some type and will be regulated by the state. You will need a formal legally established entity (LLC as one example). In some places, serving tasting portions in a retail store is permitted, but not in others. A close study of pertinent regulations is mandatory, in order to determine exactly what type of license is required, and where the premises can be situated. I don't mean to minimize the practical side of the question and all the standard issues involved with any business venture. If you want to post further information, I will try to help with other aspects of the question once I understand your particular situation.
