Senate Bill 85
The legislature passed Senate Bill 85 (SB85) that will allow breweries and distilleries to conduct sales to consumers from their premises. Some of the key requirements include:
- Sales must be directly to the consumer, for consumption on or off the premise;
- Sales are only allowed on days and at times where lawful within the county or municipality where the manufacturer is located;
- Brewers and distillers must remit state and local sales, excise, and use taxes on their sales and samples; and
- Georgia Department of Revenue has placed caps on the amount of sales and consumption that may occur at these facilities. These limitations include:
Food Service At Breweries And Distilleries
When SB85 goes into effect on September 1, 2017, breweries and distilleries can lawfully operate a food service establishment on the same premise as their manufacturing plant. In Georgia, restaurants, taverns, and other food service establishments are under the regulatory authority of the Georgia Department of Public Health (DPH). A food service permit must be obtained from the brewery or distillery's local county health department. Food preparation is subject to their rules and requirements, in addition to any specific local or municipality ordinances affected by food service operations (plumbing, septic, sewer, etc.).
The food service permit only covers the food service operations conducted at the facility. Manufacturing and wholesale operations at breweries and distilleries will remain under the regulatory authority of the Georgia Department of Agriculture's Manufactured Food Program.