Author Topic: Retail License Questions  (Read 2745 times)

Offline Sasha

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Retail License Questions
« on: June 29, 2017, 06:32:16 AM »
So, here are the Licenses I would be interested in getting in descending order of importance to what I am doing.

Liquor License
https://www.ttb.gov/forms/f56305d.pdf

Importer's License
https://www.ttb.gov/forms/f510024.pdf

Distilling License
https://www.ttb.gov/ponl/permits-online-required-documents.shtml

And if you look at the first one, the Liquor License, the Retail alcohol sales license. It looks like they might just do a background check and maybe an address check to make sure that you are zoned for retail or something. But the only license that asks for something like a "Blue-print of your location" is the Distilling License, it seems like the retail license is really easy to get. And why wouldn't it be? They always say "If it were easy, everyone would do it" and basically everyone gets a liquor license (Restaurants, etc). And they don't want to make it hard for everyone, which makes sense.

And, has anyone ever heard of anyone getting a liquor license and selling $1 cups of Beer at parties? And what kind of license would you need if you were going to sell bottles to people like a grocery store does, instead of like a bar does? Is there a difference in licensing, or would those 2 things be the same?

Also, where does Cider stand as far as legal Classification? Is it a Beer or Wine or what is it exactly when you are getting a license for it? And do you think that same license would cover Banana Beer or things like Sangria?

If anyone has any more information on this than I do, please share it here.
« Last Edit: June 29, 2017, 06:34:02 AM by Sasha »

Offline Sasha

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Re: Retail License Questions
« Reply #1 on: June 29, 2017, 06:37:47 AM »
Oh, and some background on the plan. So I am in Colorado and I am organizing a bunch of people to create a loose Confederation of Marijuana Growers so that we can have a large Breeding Program, and share strains and everything, and I want to get a license for the events. We might eventually try to make it like a Moose Lodge or Rotary Club type thing.

Offline Sasha

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Re: Retail License Questions
« Reply #2 on: June 29, 2017, 06:39:17 AM »
But starting off I will just be making large batches for a group of 3 people, then the organized group will start meeting in August or September.

Offline kramerog

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Re: Retail License Questions
« Reply #3 on: June 29, 2017, 07:20:28 AM »
A few thoughts: The licenses you point to are just federal licenses.  You probably also need Colorado licenses.  I'm also unclear if you want to make beer or distill.  Those require different licenses. Additionally, I don't know if Colorado allows distilleries to have "taprooms" for on-premises consumption or off-premises consumption.

If all you want to do is have some parties/meetings,  why not just have a party/meeting without selling beer?

Offline reverseapachemaster

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Re: Retail License Questions
« Reply #4 on: June 29, 2017, 07:39:44 AM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.
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Offline Sasha

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Re: Retail License Questions
« Reply #5 on: June 29, 2017, 08:00:43 AM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

Offline denny

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Re: Retail License Questions
« Reply #6 on: June 29, 2017, 08:17:07 AM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

I doubt it's worked out.  Likely just under the radar.  As I advise anyone who wants to brew commercially and legally, talk to a lawyer.
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Re: Retail License Questions
« Reply #7 on: June 29, 2017, 08:19:09 AM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

I think what he's trying to say is that Marijuana is not legal Federally. Ultimately, you may be hampered by Federal Law in getting licenses if you are a part of a federation of Marijuana Growers.

Offline Sasha

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Re: Retail License Questions
« Reply #8 on: June 29, 2017, 08:39:25 AM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

I think what he's trying to say is that Marijuana is not legal Federally. Ultimately, you may be hampered by Federal Law in getting licenses if you are a part of a federation of Marijuana Growers.

Other people do it so I don't think so.

Read the Cole memorabdum put out by the DOJ, it says that State Marijuana laws are not federal business.

Offline Stevie

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Re: Retail License Questions
« Reply #9 on: June 29, 2017, 09:28:41 AM »
Let's not argue the complex nature of federal vs state marijuana laws.

Offline majorvices

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Re: Retail License Questions
« Reply #10 on: June 29, 2017, 11:02:33 AM »
You have to have a wine license to make cider. No idea about selling it.

You also seem to be forgetting that your local ordinance will often times be more strict than the feds.

Offline narvin

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Re: Retail License Questions
« Reply #11 on: June 29, 2017, 03:52:42 PM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

And you have to pay cash.  Why?  Because no bank (which needs federal licensing) will touch it.

I'm not against it but this is the reality of the situation right now.
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Offline Sasha

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Re: Retail License Questions
« Reply #12 on: June 29, 2017, 04:23:55 PM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

And you have to pay cash.  Why?  Because no bank (which needs federal licensing) will touch it.

I'm not against it but this is the reality of the situation right now.

Banks accept it now. Again, the Cole Memorandum. I'll get a link.
https://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf
https://www.justice.gov/sites/default/files/faqs_policy_statement_regarding_marijuana_issues_in_indian_country_28jan15.pdf

Basically what the Cole Memorandum says is 3 things:
1. Don't mess with State Marijuana Laws, just focus on real crime.
2. Native American Nations can legalize Marijuana, regardless of the US State that Landlocks them
3. Keep Marijuana out of illegal channels (The Controlled Substances Act does not Ban drugs outright)

Also, look up DEA form 225, and protocol found in 21 CFR 1301 and 81 FR 53846.

This company legally sells Cocaine:
http://www2.mallinckrodt.com/Templates/Pages/productdetail.aspx?id=1597

Offline narvin

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Re: Retail License Questions
« Reply #13 on: June 29, 2017, 04:36:35 PM »
Feel pretty confident that the TTB is not handing out any type of license to a group with a primary purpose to violate federal law.

Lol. Marijuana is legal here. And there are already meet and greets where people pay $10 to get in and then they can smoke and buy alcohol there. So it's already happening. Good point though, if it weren't already worked out I might be worried about it.

And you have to pay cash.  Why?  Because no bank (which needs federal licensing) will touch it.

I'm not against it but this is the reality of the situation right now.

Banks accept it now. Again, the Cole Memorandum. I'll get a link.
https://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf
https://www.justice.gov/sites/default/files/faqs_policy_statement_regarding_marijuana_issues_in_indian_country_28jan15.pdf

Basically what the Cole Memorandum says is 3 things:
1. Don't mess with State Marijuana Laws, just focus on real crime.
2. Native American Nations can legalize Marijuana, regardless of the US State that Landlocks them
3. Keep Marijuana out of illegal channels (The Controlled Substances Act does not Ban drugs outright)

Also, look up DEA form 225, and protocol found in 21 CFR 1301 and 81 FR 53846.

This company legally sells Cocaine:
http://www2.mallinckrodt.com/Templates/Pages/productdetail.aspx?id=1597

Selling schedule II drugs to the healthcare industry is really not relevant to this discussion.  Almost all dispensaries are still running a cash business.  A memorandum from 2011 is not binding, especially with a new attorney general who has different priorities.

If you are not buying or selling marijuana, there probably won't be a problem.  But the concern that the TTB would reject that application for it is real.

Aside from that, the people who said that local licensing and zoning are a bigger deal are correct.
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Offline Sasha

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Re: Retail License Questions
« Reply #14 on: June 29, 2017, 04:36:57 PM »
Here are the lists of Companies that import Schedule I and Schedule II Substances into the country every year, as well as Manufacture Schedule I and Schedule II Substances.
https://www.deadiversion.usdoj.gov/FED_REGS/index.html

This case was one where the Federal Court said that the DEA needed to allow more companies to Manufacture Cocaine, so as not to enforce Monopolization of the Market.
Noramco DE Inc v. DEA, No. 02-1211 (D.C. Cir. 2004)

This came from the DOJ Anti-Trust Division and is basically the DOJ telling the DEA that they need to make sure that they aren't enforcing Monopolies.
https://www.justice.gov/atr/memorandum-antitrust-division-united-states-department-justice-amicus-curiae-support-application

So I am pretty sure that the reason no one has a problem with Retail Alcohol Licenses in Colorado is because this is pretty much settled.