§ 3-5-1204 - Licenses -- Scope -- Restrictions.
3-5-1204. Licenses -- Scope -- Restrictions.
(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant license which shall authorize the licensee to do the following:
(1) To operate a microbrewery which shall manufacture one (1) or more varieties of beer or malt beverage in an aggregate quantity not to exceed five thousand (5,000) barrels per year and to store any such beer or malt beverage and any other beer or malt beverage which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state on the microbrewery-restaurant licensed premises;
(2) To operate a restaurant which shall be the sales outlet for beer or malt beverage manufactured by the microbrewery and which shall sell the beer or malt beverage and any other beer or malt beverage which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state for consumption on the licensed premises;
(3) To sell on the premises beer or malt beverages manufactured by the microbrewery in brewery-sealed packages at retail directly to the consumer for off-premise consumption;
(4) To provide products it manufactures to charitable or nonprofit organizations or sell for resale products it manufactures to charitable or nonprofit organizations holding valid special event permits as provided for by the Alcoholic Beverage Control Board, except that the microbrewery-restaurant licensee may not sell to nonprofit organizations holding private club licenses. The sale of those products shall be limited to the duration of the particular special event; and
(5) To sell beer or malt beverages manufactured by the microbrewery-restaurant to a nonprofit corporation leasing space in the microbrewery-restaurant or in an adjoining building.
(b) The director may additionally issue a microbrewery-restaurant distribution permit to a microbrewery-restaurant licensee. This permit will allow the microbrewery-restaurant licensee to:
(1) Sell beer or malt beverage of its own manufacture to a wholesale dealer licensed by this state for the purpose of resale to other retail license holders as set forth by 3-4-605 and 3-5-101, dealing with wholesale distribution of beer and malt beverage; and
(2) Maintain a separate brewing facility as needed to meet demand, except that all facilities utilized by the microbrewery-restaurant licensee shall not in the aggregate produce over five thousand (5,000) barrels of beer and malt beverage per year, and all products produced by any separate facility must be sold to a licensed wholesaler. At no time does this allow any product produced by any separate facility to be transported to the restaurant location for retail sale for consumption on or off the licensed premises.
(c) The director shall not issue a microbrewery-restaurant license if the microbrewery-restaurant premises is in a dry area.