Brewery, Craft Beverage & Alcohol Legal Services
Montague Law represents breweries, distilleries, wineries, cideries, and craft beverage entrepreneurs on the full range of legal matters affecting the alcoholic beverage industry. From TTB federal permit applications through multi-state distribution agreements, our attorneys understand the unique three-tier regulatory framework that governs alcohol production, distribution, and retail. We help craft beverage companies launch, grow, and navigate one of the most heavily regulated industries in the United States.
Federal & State Licensing
Operating a legal alcohol business requires permits and licenses at the federal, state, and often local levels. Montague Law handles Alcohol and Tobacco Tax and Trade Bureau (TTB) applications for brewers notices, distilled spirits permits, and winery permits. We also manage state alcohol licensing applications, local zoning approvals, and health department permits. Our team navigates the often overlapping and sometimes contradictory requirements across jurisdictions to get clients operational as quickly as possible.
Three-Tier System Compliance
The United States regulates alcohol through a three-tier system that separates production, distribution, and retail. Montague Law advises on compliance with tied-house laws, exclusive territory statutes, franchise law protections for distributors, and the patchwork of state-specific regulations that govern relationships between industry tiers. We help producers structure distribution arrangements that comply with applicable law while maximizing market access and brand control.
Distribution & Wholesale Agreements
Distribution relationships are among the most consequential business decisions a craft beverage company makes. We draft and negotiate distribution agreements, analyze franchise law implications before signing, advise on territory exclusivity and performance standards, and handle distributor termination matters when relationships need to change. We understand the significant protections many states afford distributors and help producers navigate these restrictions strategically.
Taproom, Tasting Room & Direct-to-Consumer Sales
Direct-to-consumer sales through taprooms, tasting rooms, and e-commerce channels represent increasingly important revenue streams for craft beverage companies. We advise on the legal requirements for on-premises and off-premises sales, direct shipping permits, e-commerce compliance, and the intersection of alcohol law with food service regulations. We help clients maximize DTC revenue while maintaining regulatory compliance.
Mergers, Acquisitions & Investments in Beverage Companies
The craft beverage industry is attracting significant investment and consolidation. Montague Law advises on M&A transactions involving breweries, distilleries, and beverage brands, including TTB and state regulatory approval requirements for changes of ownership or control. We also structure equity investments, convertible notes, and revenue-based financing arrangements for growth-stage beverage companies.
Label Approval & Marketing Compliance
Alcohol labels and marketing are subject to strict federal and state regulations. We handle TTB Certificate of Label Approval (COLA) applications, state label registration requirements, and marketing compliance reviews to ensure promotional materials, social media content, and point-of-sale materials comply with applicable advertising restrictions.
Frequently Asked Questions
How long does it take to get a TTB brewing permit?
TTB processing times vary, but a standard brewers notice application typically takes 60-120 days. Distilled spirits permits may take longer due to additional bond and operational requirements. We prepare thorough applications to minimize delays and follow up with TTB throughout the process.
Can I sell my beer directly to consumers online?
Direct-to-consumer shipping of beer is permitted in some states but prohibited in others. Each state has its own rules regarding permits, volume limits, labeling, tax collection, and reporting. We analyze your target markets and help you comply with each states specific requirements for legal DTC sales.