Brewery / Distillery Permits & Licenses in Broken Arrow, OK

Required for all LLCs. Annual Certificate of Good Standing ($25) required thereafter.

Applies to all LLCs.

Renewal every 5 years ($25).

For brewing malt beverages. Premises must be approved. Effective fees as of FY2024.

For distilling spirits. Separate from brewery license if both operations.

Not legally mandated by Oklahoma, but highly recommended. Breweries and distilleries are exposed to product liability risks under common law. Coverage typically included in general liability or umbrella policies.

While not explicitly stated as a dollar-amount mandate, ABLE requires responsible operation. Most municipalities and insurers require $1–2 million in liquor liability coverage. Required by many local governments as part of business licensing.

Required bond amounts: $100,000 for distillers; $50,000 for brewers. Bond ensures compliance with Oklahoma’s alcoholic beverage laws. Issued through licensed surety companies. See 37A Okla. Stat. § 275.

Often required by DEQ for breweries/distilleries using process chemicals or generating wastewater with high organic load. Not always statutory but enforced during inspections.

All breweries/distilleries structured as LLCs must obtain an EIN if they have employees or choose to be taxed as a corporation. Even owner-only LLCs often get an EIN to avoid using SSN in business transactions.

Required under 27 CFR Part 24 (for breweries) and 27 CFR Part 19 (for distilleries). Must file Form TTBT 5110.33 (Brewer’s Notice) or Form TTBT 5110.24 (Distilled Spirits Plant Application).

Required for individuals handling alcohol production.

Common for breweries offering tastings/taprooms.

Required for all businesses selling tangible goods (beer). Monthly/quarterly filing.

Applies to LLCs with payroll.

Required for all employers paying wages to employees working in Oklahoma. Employers must withhold state income tax from employee wages and remit it to OTC. Registration is completed via the TAP portal.

All employers with one or more employees must register with OESC. New employers are assigned a standard rate of 3.0% on the first $7,000 of each employee's wages annually. Rate may change based on claims history.

LLCs taxed as corporations must file corporate income tax. LLCs taxed as pass-through entities (default) are not subject to corporate income tax but must file Form 511 if they have Oklahoma-source income. All entities must register via TAP.

This permit is issued under the Internal Revenue Code and is mandatory for all federal alcohol producers. Must be renewed every three years.

Breweries and distilleries must comply with OSHA standards for hazard communication, machine guarding, confined space entry (e.g., fermenters, stills), and respiratory protection. Specific standards include 29 CFR 1910 Subpart Z (Hazardous Chemicals) and 29 CFR 1910.146 (Confined Spaces).

Requires accessible entrances, restrooms, counters, and pathways. Applies to all places of public accommodation. Distilleries and breweries with customer-facing operations must comply.

While not directly targeting alcohol, breweries/distilleries using large boilers, generators, or fuel storage may exceed thresholds. Most small producers are exempt unless they have significant oil storage.

Most brewing/distilling waste (grain, yeast, water) is non-hazardous. However, solvents used in cleaning or lab testing may be regulated. Facilities generating >100 kg/month of hazardous waste are subject to stricter rules.

Requires truthful, non-deceptive advertising. Must disclose material information (e.g., alcohol content, origin). Works in conjunction with TTB labeling rules. Greenwashing or false "organic" claims may trigger FTC action.

All U.S. employers must complete Form I-9 for each employee. E-Verify is not mandatory federally unless contracting with federal agencies or required by state law.

Requires payment of federal minimum wage ($7.25/hour) and overtime (1.5x regular rate for hours over 40/week). Applies to brewery/distillery employees including production, tasting room staff, and delivery drivers.

Requires eligible employees to be granted up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. Most small breweries/distilleries are exempt due to size.

Breweries and distilleries are considered food facilities and must register with FDA. Registration must be renewed every two years (October 1–December 31 of even-numbered years).

Must submit Certificate of Label Approval (COLA) for each product and package size. Includes requirements for alcohol content, health warnings, and net contents. Required under 27 CFR Part 13.

Breweries and distilleries must register for and remit excise tax on alcoholic beverages sold in Oklahoma. Rates: $0.20 per gallon for beer, $2.50 per gallon for spirits. Filed monthly via TAP. Separate from federal TTB excise taxes.

The Oklahoma franchise tax was repealed effective January 1, 2022. No longer required for any business entity, including LLCs.

Most cities in Oklahoma require a local business license or privilege tax. For example, Oklahoma City requires a Business License under Title 10.1. Fees and requirements vary by location and business type. Contact local city clerk for specific requirements.

All breweries and distilleries must obtain a Federal Basic Permit from TTB under the Internal Revenue Code. This is required to pay federal excise taxes on alcohol production. Filed using TTB Form 5100.24. Separate from state excise tax obligations.

Breweries and distilleries must file Form TTB F 5110.21 (G-LLW) semi-monthly and pay federal excise tax. Small brewers may qualify for reduced rates under the Craft Beverage Modernization and Tax Reform Act (effective 2018).

All LLCs must file an Annual Certificate of Existence to remain in good standing. This is not a tax but a mandatory compliance obligation. Failure results in administrative dissolution and loss of liability protection.

Required for all businesses; breweries/distilleries classified under retail/food service may incur higher fees. Specific to OKC; check county for unincorporated areas.

Does not apply if within OKC or other municipal limits; breweries may require additional alcohol-specific endorsements.

OKC Code of Ordinances Chapter 59, Article VII; production facilities may require conditional use permit (CUP) in commercial zones.

OKC Development Code Sec. 401; inspections required for plumbing, electrical, structural.

OKC Code Sec. 59-10,401; wall signs limited to 20% of facade; breweries may need illuminated signs reviewed.

Required if handling food/drink for public consumption; plan review fee $200+ separate.

OKC Fire Code (IFC 2021 adoption); CO2 systems, fuel-fired equipment require review.

Issued after final building/fire/health inspections pass.

Required for public assembly areas like taprooms.

OKC Code Chapter 27; breweries with patios/events often need this.

Exemptions: Sole proprietors and partners in an LLC may elect out if they file Form C-41-E with OWCC. Corporate officers may also elect out under 85A Okla. Stat. § 2.1. All other employees must be covered.

Ethanol at 24% ABV or higher is classified as a flammable liquid (UN1170). Requires proper packaging, labeling, shipping papers, and training under 49 CFR. Most small shipments are exempt, but commercial carriers must comply.

All Oklahoma LLCs must file an Annual Certificate of Existence (Form 50-E) with the Secretary of State. Due annually on the anniversary of the LLC's formation date. Required for all LLCs, regardless of industry.

Not statutorily mandated by Oklahoma state law for all businesses, but often required by municipalities or property owners. Strongly recommended for breweries/distilleries due to public access and alcohol service.

Minimum required coverage: $25,000 bodily injury per person, $50,000 per accident, $25,000 property damage (25/50/25). Applies to all vehicles registered to the business. See 47 Okla. Stat. § 7-204.

Breweries and distilleries must renew their Manufacturer's license annually by July 1. Fees vary based on license class and production volume. See ABLE Commission Fee Schedule for details. Applies specifically to alcohol manufacturers.

Federal Basic Permit (Form 5100.24) for distilled spirits plant or brewery must be renewed every three years. However, annual reporting and compliance are required. The permit is issued by TTB and must remain active. Renewal is not annual, but ongoing compliance is mandatory. Note: This is a triennial renewal, but must be tracked as an ongoing obligation.

Sales tax license (obtained via OTC) does not require annual renewal but must be kept active. Businesses must file sales tax returns periodically. License remains valid as long as filings are current. Applies to all businesses selling taxable goods/services.

All businesses collecting sales tax must file returns based on assigned frequency. Most new businesses start as monthly filers. Due dates depend on OTC assignment. Applies to all retail and on-site sales businesses.

Distilleries and breweries must file Federal Excise Tax (FET) using TTB Form 5130.12 (Notice of Operation) and pay taxes monthly. Required under 26 U.S.C. § 5061. Applies only to alcohol manufacturers.

Employers must withhold state income tax and file Form OK-101-W. Frequency determined by OTC based on liability. Applies only to businesses with employees.

Employers must file Form 941 quarterly to report federal income tax, Social Security, and Medicare taxes. Applies only to businesses with employees.

Employers must display OSHA Form 2002 (Job Safety and Health Protection) in a conspicuous location. Available free from OSHA website. Applies to all employers with employees.

The original ABLE-issued license must be prominently displayed at the place of business. Required for all licensed alcohol establishments.

All commercial occupancies, including breweries and distilleries, are subject to annual fire safety inspections. Conducted by State Fire Marshal or local authority. Includes review of exits, fire extinguishers, alarms, and hazardous materials storage.

Required if the brewery/distillery operates a taproom with food service. Inspections ensure compliance with food safety regulations. Applies only to businesses preparing or serving food.

Required for any distilled spirit product that deviates from traditional production. Formula must be approved by TTB before sale. Not required for traditional beer or unflavored spirits.

Distilleries and breweries must maintain detailed records including production logs, taxpaid withdrawals, inventory, and formulas. Records must be kept for at least 3 years. Required under 27 CFR Part 19.

All businesses operating in Oklahoma must pay an annual privilege tax based on gross receipts. Filed using Form 512. Applies to all businesses, including LLCs.

EIN does not expire, but businesses must notify IRS of changes (e.g., responsible party, address) using Form 8822-B. Applies to all businesses with employees or required to file federal taxes.

All employers with employees must carry workers' compensation insurance or qualify as self-insured. Coverage must be maintained at all times. Applies only to businesses with employees.

Required for any ready-to-drink (RTD) product containing alcohol and non-alcoholic components. Label must be approved via COLA (Certificate of Label Approval). Applies only to businesses packaging mixed drinks.