The board may issue a brewpub license to a qualified applicant, and a brewpub licensee may make and sell beer only within stated limits and conditions.
(a) In addition to the licenses authorized to be issued and renewed by the board pursuant to Chapter 3A, the board, upon the applicant’s compliance with this article, Chapter 3A, and the rules adopted thereunder, and the conditions set forth in subsection (b), may issue to a qualified applicant a brewpub license that shall authorize the licensee to do all of the following: (1) Manufacture or brew beer, in a quantity not to exceed 10,000 barrels in any one year, and sell beer brewed on the licensed premises in unpackaged form at retail for on-premises consumption at the licensed premises only. (2) Sell beer brewed on the licensed premises in packaged form at retail for off-premises consumption, provided the beer sold for off-premises consumption may not exceed 864 ounces per customer per day and shall be sealed, labeled, packaged, and taxed in accordance with state, local, and federal laws, rules, and regulations. (3) Sell beer brewed on the premises in original, unopened barrel or keg containers or in other original, unopened containers to any licensed beer wholesaler designated by a brewpub licensee pursuant to Sections 28-8-2 and 28-9-3 for resale to retail licensees. (4) Donate and deliver up to 31 gallons of the licensee’s beer to a licensed charitable special event operated by or on behalf of a nonprofit organization. Donations shall be taxed in accordance with state, local, and federal laws, rules, and regulations, and any beer remaining at the conclusion of the charitable event shall be returned to the brewpub for disposal. (5) Purchase beer, including draft or keg beer, in original, unopened containers from licensed wholesalers and sell the beer at retail, for on-premises consumption only, in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public. (b) A brewpub is subject to all of the following conditions: (1) The proposed location of the premises, at the time of the original application, shall not be prohibited by a valid zoning ordinance or other ordinance in the valid exercise of police power by the governing body of the municipality or county in which the brewpub is located. (2) Beer brewed by the brewpub licensee shall be packaged or contained in barrels from which the beer is to be dispensed only on the premises where brewed for consumption on the premises, or sold in original, unopened barrel or keg containers or in packaged form to any designated wholesaler licensee for resale to retailer licensees. (3) A brewpub must contain and operate a restaurant or otherwise provide food for consumption on the premises. (4) A brewpub may not sell any alcoholic beverages if the brewpub is not actively and continuously engaged in the manufacture or brewing of beer on the brewpub’s licensed premises. (c) The annual license fee levied and prescribed for a license as a brewpub issued or renewed by the board is one thousand dollars ($1,000). (d) A manufacturer that sells, on an annual basis, an amount equal to no more than 60,000 barrels of beer, may have a financial interest in a brewpub, including a brewpub that also has a restaurant retail license, provided the manufacturer may not transfer alcoholic beverages directly from the manufacturer to the brewpub, but may purchase alcoholic beverages from an authorized wholesaler or as otherwise provided by law, and may not have a financial interest in any retailer other than a brewpub. (e) Sections 28-3-4 and 28-3A-6(b) shall not be applicable with regard to beer brewed by either of the following and sold and dispensed on the brewpub premises: (1) The brewpub. (2) A manufacturer described in, and in compliance with, subsection (d). (f) Nothing in this section shall be construed to alter in any way the distribution of revenue from a tax levied pursuant to a local law.