Complete guide to permits and licenses required to start a brewery / distillery in Cheyenne, WY. Fees, renewal cycles, and agency contacts.
Wyoming law requires all employers with one or more employees to carry workers' compensation insurance. Sole proprietors and partners may elect out, but must file documentation. Brewery/distillery operations are classified under higher-risk class codes due to manufacturing and manual labor.
Not legally mandated by the State of Wyoming for all businesses. However, strongly recommended for breweries/distilleries due to premises liability risks. Often required by landlords, investors, or local zoning authorities. Not a state-mandated insurance.
Required under W.S. § 31-4-102 for all motor vehicles registered in Wyoming. Applies to delivery trucks, company cars, or any vehicle titled to the LLC. Minimum liability limits: $25,000 bodily injury per person, $50,000 per accident, $20,000 property damage.
Required for all LLC formation in Wyoming. Annual report required separately.
Applies to ALL Wyoming LLCs. Online filing preferred.
Applies to ALL businesses using DBAs. Valid 5 years, renewable.
Specific to breweries/distilleries manufacturing >500 gallons/year. Requires federal TTB permit as prerequisite. Premises inspection required.
Breweries/distilleries often need this for self-distribution in Wyoming. Separate from manufacturing license.
Required for ALL businesses selling tangible goods (including on-site beer/wine sales). 4% state + county/local rates (total 4-6%).
Applies to ALL employers. Quarterly wage reports required.
Mandatory for LLCs with employees. Private insurer or state fund.
While not explicitly named "liquor liability insurance" in statute, Wyoming requires proof of liability insurance as part of alcohol license approval (W.S. § 12-6-106). Coverage must include dram shop liability. Required for breweries/distilleries operating tasting rooms. Minimum coverage typically $1–2 million per occurrence.
Not mandated by Wyoming or federal law. However, highly recommended due to risks associated with contaminated or mislabeled products. FDA and TTB regulate product safety but do not require insurance. Coverage often bundled with general liability.
Wyoming requires a surety bond as part of alcohol license application under W.S. § 12-6-106. Bond amount varies by license type and local jurisdiction. Common for breweries and distilleries. Ensures compliance with state alcohol laws and tax payments.
Not required by Wyoming law for breweries or distilleries. May be relevant if offering consulting or formulation services, but not standard for production facilities. Considered optional.
While not required for sole proprietors with no employees, most LLCs—especially those in regulated industries like brewing/distilling—will need an EIN for tax and banking purposes. Breweries/distilleries typically require this due to excise tax filings and banking relationships.
All breweries and distilleries must obtain a Federal Basic Permit from TTB under the Federal Alcohol Administration Act. This is specific to alcohol production and is mandatory before any manufacturing begins. Fee is subject to periodic adjustment by TTB.
Breweries and distilleries must file Form 720 (Federal Excise Tax Return) monthly. The tax rate varies: beer is taxed at $18 per barrel (31 gallons), while distilled spirits are taxed at $13.50 per proof gallon for the first 100,000 gallons annually. Rates differ based on volume and type.
Every label (including front, back, and neck labels) for beer or distilled spirits must be pre-approved by TTB via the COLA system. This includes all branding, alcohol content, health warnings, and mandatory statements. Digital submissions are required through Permits Online.
While not a "license," breweries and distilleries must comply with OSHA’s General Duty Clause, which requires a safe workplace free from recognized hazards. Specific risks include fermentation tank entry (confined spaces), boiler operations, forklift use, and chemical handling. Employers must provide training and maintain injury logs if over 10 employees.
Most breweries generate non-hazardous waste (spent grain, CO2), but some cleaning agents (e.g., iodophors, caustic soda) may be classified as hazardous. Facilities generating >100 kg/month of hazardous waste must comply with RCRA regulations, including manifesting and reporting.
Breweries and distilleries are considered food facilities under the FDA Food Safety Modernization Act (FSMA). Registration must be renewed every two years during even-numbered years. Applies to all alcohol producers regardless of size.
Applies to all businesses, but breweries/distilleries must ensure advertising is truthful and not misleading—especially regarding alcohol content, health claims, or origin. Prohibited from targeting minors in advertising. FTC enforces against deceptive marketing practices.
All U.S. employers, including breweries and distilleries, must verify identity and work eligibility for every employee using Form I-9. E-Verify is not mandatory federally unless state law requires it, but federal contractors must use it.
Breweries and distilleries with public-facing spaces (tasting rooms, tours) must comply with ADA accessibility standards for buildings, restrooms, and services. Applies regardless of number of employees. Includes physical access and communication for people with disabilities.
All businesses selling tangible goods or certain taxable services in Wyoming must register. Breweries/distilleries selling on-site (e.g., tasting rooms) are subject to sales tax on retail sales. Applies to both beer and spirits sold directly to consumers.
Required for all employers paying wages to employees working in Wyoming. Includes federal income tax withholding administered at the state level.
All breweries must register with TTB using Form 5130.9 using Brewer’s Notice. Required under federal law to produce beer. Subject to ongoing federal excise tax on production.
Required for distilleries. Includes federal excise tax obligations on distilled spirits. Must also file federal excise tax returns (Form 5000.24) quarterly.
Breweries must file Form 720 (Quarterly Federal Excise Tax Return) and pay tax on beer removed for consumption or sale.
Distilleries must file Form 5000.24 (Alcohol Beverage Tax Return) quarterly. Small producers may qualify for reduced rates: first 10,000 proof gallons taxed at $2.70, next 20,000 at $13.50, then $27.00.
Most Wyoming cities require a local business license or privilege tax. Examples: Cheyenne, Casper, Laramie, Jackson. Check with city clerk. Not required at state level, but common locally.
Wyoming has no state-level corporate or personal income tax. This requirement does not apply. LLCs are pass-through entities for federal tax purposes only.
Wyoming imposes a 'Wyoming Business License Tax' based on total assets in the state. This is effectively a gross receipts tax alternative. Paid via Annual Report filing with WY Secretary of State and Department of Revenue.
Required for all LLCs with employees or multiple members. Even single-member LLCs often need EIN for banking or TTB registration. Apply online via IRS Form SS-4.
Required for all businesses; breweries/distilleries fall under general commercial license
Breweries/distilleries typically require Conditional Use Permit in C-1/C-2 zones per zoning resolution
Confirm zoning allows "fermentation/brewing" uses (Title 9, Chapter 9.04)
Required for brewery/distillery tank installations, expansions (2024 fee schedule)
Applies to business identification signs for breweries/tasting rooms
Breweries may need for CO2 systems; distilleries specifically for spirits storage
Requires payment of federal minimum wage ($7.25/hour), overtime (1.5x regular rate after 40 hours), and proper recordkeeping. Applies to all employers with two or more employees engaged in interstate commerce (common for breweries/distilleries shipping or sourcing materials across state lines).
Required post-inspection for commercial brewery/distillery spaces
Mandatory for brewery public areas and production spaces
Local health jurisdictions enforce; plan review required for bar areas
Special events may need temporary permit
Requires eligible employees (12 months, 1,250 hours) to receive up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. Most small breweries/distilleries are exempt unless part of a larger group.
The TTB Basic Permit, also known as a Brewer’s Notice or DSP Permit, is essential for legally producing alcohol in the United States. It authorizes your Cheyenne brewery or distillery to manufacture, store, and sell alcoholic beverages.
Your Federal Basic Permit from the TTB requires annual renewal, and the current renewal fee is $100.00. Failing to renew on time can disrupt your operations.
The initial Federal Excise Tax filing fee with the TTB ranges from $16.00 to $18.00, but ongoing costs vary depending on your production volume and the type of alcohol produced.
Yes, Professional Liability / Errors & Omissions Insurance is required, with fees ranging from $500.00 to $2000.00. This protects your business from potential claims related to your products or services.
FTC Truth in Advertising compliance ensures your marketing and labeling are accurate and not misleading to consumers. This is a federal requirement with no initial fee, but non-compliance can lead to substantial penalties.
Permit Finder asks follow-up questions to give you an exact list of permits.
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