Brewery / Distillery Permits & Licenses in Chesapeake, VA

Allows on-site sales and limited wholesaling. Distillery requires separate ABC Distilled Spirits License.

Required for distillery operations. Additional federal TTB DSP permit needed.

Not legally required by Virginia state law, but critically recommended for breweries and distilleries that manufacture and sell consumable products. Covers claims related to contamination, labeling errors, or illness. Often required by distributors and retailers as a condition of doing business.

Not legally required in Virginia for breweries or distilleries. May be required by third parties (e.g., event organizers, contract brewers, consultants). Covers claims of negligence in professional services, such as recipe development or consulting. Optional but recommended for businesses offering technical services.

Applies to ALL businesses using POA. Not industry-specific.

Monthly/quarterly filing required based on revenue. Applies to ALL retail businesses.

Required for all LLCs. Annual registration fee of $50 due May 1 each year.

Applies to ALL Virginia LLCs regardless of industry.

Required if using DBA. Renews every 10 years for $10.

Breweries often need ABC Brewery License ($435 state + local). Confirm specific operations.

Required for all businesses selling tangible personal property or taxable services in Virginia. Breweries/distilleries must collect and remit sales tax on retail sales (e.g., tasting room sales). Applies to both beer and spirits sold on-site or off-site if taxable.

Mandatory for all employers in Virginia. Requires withholding state income tax from employee wages and remitting it to the Department of Taxation. Registration is done via Form R-1 through the TaxPortal.

All employers with one or more employees must register with VEC and pay unemployment insurance taxes. New employers pay a standard rate of 2.5% on the first $8,000 of wages per employee annually until experience rating is established.

As of 2021, Virginia repealed the traditional franchise tax on corporations. Most LLCs are not subject to franchise tax unless they are classified as financial institutions. General LLCs pay only income tax through pass-through entity taxation. This does not apply to typical craft brewery/distillery LLCs.

Breweries and distilleries must pay state excise tax on each gallon of beer or spirits produced and removed from the premises. Filed using Form ABA. Separate from federal excise taxes. Rates confirmed in Virginia Code § 58.1-1000 et seq.

All breweries and distilleries must register with TTB and pay federal excise taxes under the Internal Revenue Code. Must file Form 720 and pay via Electronic Federal Tax Payment System (EFTPS). Small producers may qualify for reduced rates under the Craft Beverage Modernization Act (effective 2018).

All localities in Virginia impose a BPOL tax on businesses operating within their jurisdiction. The tax is based on gross receipts and varies significantly by location and industry classification. Breweries/distilleries are typically classified under 'Manufacturing' or 'Alcoholic Beverage Production'. Must register with the local treasurer.

LLCs are pass-through entities; income flows to members who report on personal returns. However, the business must still register with the Department of Taxation for identification and reporting purposes. Virginia does not impose a corporate income tax on LLCs unless they elect corporate status.

Required in all VA cities/counties; breweries/distilleries classified under manufacturing/retail

Breweries often require C-3/C-4 zoning or special exception; check specific locality zoning ordinance (e.g., Fairfax County Zoning Ordinance Sec. 2-406)

Required for all LLCs, especially those with employees or excise tax obligations. Breweries/distilleries must have an EIN to register with the TTB.

Mandatory for all breweries and distilleries producing alcohol for sale or distribution. Separate permits required for brewing vs. distilling. Form TTB F 5110.17 must be submitted. Effective date: Ongoing requirement under 27 U.S.C. § 204.

Required under the Bioterrorism Act of 2002. All domestic food facilities must register with FDA. Renewal every two years during even-numbered years. 21 U.S.C. § 350d.

Breweries and distilleries must pay federal excise taxes on alcohol produced. Rates differ: breweries pay lower rates than distilleries. Small producer tax credits may apply (up to $16/gallon for first 100,000 gallons annually). 26 U.S.C. §§ 5001, 5051.

Applies to all employers with employees. Includes requirements for hazard communication, machine guarding, emergency exits, and recordkeeping (OSHA Form 300). Distilleries with high-pressure stills or confined spaces face additional requirements.

Applies under Title III of the ADA. Requires accessible entrances, restrooms, counters, and pathways. New construction must meet ADA Standards for Accessible Design. 42 U.S.C. § 12182.

Applies to distilleries and breweries using large boilers, generators, or fuel tanks. Requires an EPA-approved SPCC plan prepared by a Professional Engineer. 40 CFR Part 112.

Required for taproom additions, tank installations; must comply with IBC/IRC

Subject to local sign ordinance (e.g., size, lighting restrictions)

Required for flammable liquids storage, suppression systems; NFPA 1/30A compliance

Verifies zoning, building, fire code compliance

Not typically required for beer/wine only; ABC may suffice for tastings

Required for assembly/occupancies over 3000 sq ft per IFC

Common for brewery beer gardens

Most localities have noise ordinances (e.g., 55-65 dB limit nighttime)

Required for all employers with two or more employees in Virginia, including part-time and full-time workers. Sole proprietors without employees are exempt. Brewery/distillery operations are classified under NAICS 312140 (Distilleries) or 312120 (Breweries), which are considered moderate risk.

Not mandated by Virginia state law for all businesses, but often required by landlords, municipalities, or lenders. Strongly recommended for breweries/distilleries due to public-facing operations and premises liability risks.

Required for all vehicles registered in Virginia. Minimum liability coverage: $25,000 bodily injury per person, $50,000 per accident, $20,000 property damage. Applies if brewery/distillery uses delivery trucks, tasting room shuttles, or service vehicles.

Not explicitly mandated by Virginia ABC as a standalone policy, but required indirectly through surety bond underwriting and strongly enforced via third-party liability risk management. Most insurers require it for businesses holding an ABC license. Considered essential due to dram shop liability risks.

Required for all ABC licensees. The bond amount varies by license class (e.g., $1,000 for Farm Brewery, $5,000 for Distillery, up to $10,000 for other retail licenses). Ensures compliance with Virginia ABC laws. Bond must be issued by a surety licensed in Virginia.

Must display OSHA Form 300A (Summary of Work-Related Injuries) from February 1 to April 30 annually if 11+ employees. Also required: OSHA Job Safety Poster (available at https://www.osha.gov/poster).

Employers must post a notice informing employees of workers’ compensation rights. Template available from VWC. Required even if exempt due to small size.

Employers must file Form 941 quarterly, Form 940 annually for FUTA, and issue W-2s by January 31. EIN remains valid indefinitely but reporting is ongoing.

Employers must register for withholding tax and file returns based on payroll activity. Due dates depend on assigned frequency.

Applies if storing regulated substances (e.g., ethanol, diesel) in tanks below ground. Requires leak detection, secondary containment, and operator training. 40 CFR Part 280.

Applies to all advertising. Prohibits deceptive or unsubstantiated claims (e.g., "organic," "locally brewed," "medicinal benefits"). Must disclose paid endorsements. Enforced under FTC Act § 5. Distilleries making health claims face higher scrutiny.

All U.S. employers must complete Form I-9 for each employee. Applies to breweries/distilleries with staff. Must retain forms for 3 years after hire or 1 year after employment ends.

Requires payment of federal minimum wage ($7.25/hr), overtime (1.5x for hours over 40/week), and proper recordkeeping. Applies to all hourly and tipped employees in taprooms or production.

Requires eligible employees (12 months, 1,250 hours) to receive up to 12 weeks of unpaid, job-protected leave annually. Posting and recordkeeping required.

Applies when shipping distilled spirits. Requires hazmat training, proper packaging, labeling, and shipping papers under 49 CFR. Ethanol above 24% ABV is a hazardous material.

Required for all breweries and distilleries operating in Virginia. Must also comply with local zoning and health department regulations. Renewal annually.

Required for taprooms, brewpubs, or distillery tasting rooms. Separate from production license.

Virginia imposes state excise taxes on beer and spirits. Rates: ~$0.20–$0.30 per gallon for beer; ~$0.20–$0.35 per gallon for spirits. Must file with VDOT.

All Virginia LLCs must file an annual report with the SCC each year. The report confirms business information such as principal office address, registered agent, and management structure.

Certificate of Label Approval (COLA) must be obtained for every product label. No recurring renewal, but each new product requires a new application.

Required under Virginia State Fire Prevention Code (13VAC5-51). Frequency determined by local fire department. Includes inspection of exits, fire extinguishers, flammable storage, and emergency lighting.

Required for any brewery/distillery offering food. Inspections cover food handling, sanitation, and facility cleanliness. Frequency varies by locality and risk level.

Local building departments may require periodic inspections to ensure compliance with Virginia Uniform Statewide Building Code (USBC).

Breweries and distilleries must maintain detailed production, inventory, and tax payment records using TTB Form 5110.31 (or equivalent). Records must be kept for at least 3 years and available for inspection.

Licensees must maintain records of alcohol production, sales, and inventory. ABC may conduct unannounced audits. Records must be retained for at least 3 years.

The ABC manufacturer and retail licenses must be visibly displayed at the place of business where alcohol is produced or sold.

The TTB Basic Permit must be posted in a conspicuous location at the principal place of business.

Employers must file Form UI-2 and pay unemployment insurance taxes quarterly. New employers pay 2.7% on first $8,000 of wages per employee.

Breweries and distilleries selling alcohol directly to consumers on-site must renew their ABC license annually. Renewals open October 1.

All breweries and distilleries producing alcohol must maintain a valid TTB Basic Permit. Renewal form 5100.33 must be submitted by November 1 each year.

Required for all breweries and distilleries manufacturing alcoholic beverages in Virginia. Must be renewed annually even if no on-premises sales occur.

Breweries and distilleries must file Form 720 (Quarterly Federal Excise Tax Return) and make federal excise tax deposits. Most small producers pay monthly; larger ones semi-monthly. Due dates depend on deposit schedule.

All businesses selling taxable goods (including beer and spirits) must register and file sales tax returns. Filing frequency determined by Virginia Department of Taxation based on expected revenue.