how to start a micro-meadery

[ljgeoff]

1) Decide Who is the Applicant

One of the first steps in filing any application is to determine “Who is the applicant?” Is it:

You as an individual (sole proprietor)?
A partnership of two or more people or companies?
An entity such as a corporation or Limited Liability Company (LLC)?

It is important to decide early who the applicant will be because if you change your business structure, such as going from a partnership to a corporation, the new entity will need to file a full new application and be approved before beginning operations.

TTB strongly suggests that you contact an attorney and/or an accountant before making a final decision on which structure best suits your business needs.

2) Step 2 – Identify Your Desired Type of Wine Operations

We would be a bonded winery because mead and hard cider are classed with wines, and the meads at least would have higher than 7% alcohol content by volume.

3) How to Apply -- After deciding on the applicant and operation type, you can begin the application process.
3(a) -- Complete the Owner Officer Information. Every person who will be listed at a stockholder of 10% or more, Sole Proprietor, Partner, Officer, Director, Trustee, Member and/or Managing Member of an LCC; a limited or general partner in a partnership; or a sole proprietor must complete this application.
3(b) -- Submit the below documents:


· Alternating Proprietorship Agreement – document signed by both parties in an Alternating Proprietorship relationship documenting the services, costs, and responsibilities of each party

· Articles of Incorporation – official filing by corporations with State creating the corporation; in most states this is a narrative document that provides details on the responsibilities and rights of officers; in some states this is just a certificate (if this is the case, just upload the Certificate of Incorporation here in addition to under the “Certificate of Incorporation” in the required attachments list if applicable

· Articles of Organization – official filing by LLCs with State creating the LLC; in most states this is a narrative document that provides details on the responsibilities and rights of members; in some states this is just a certificate (if this is the case, just upload the Certificate of Organization here in addition to under the “Certificate of Organization” in the required attachments list if applicable

· Amended Articles of Incorporation – official filing by corporation with State to amend previously approved Articles

· Amended Articles of Organization - official filing by LLC with State to amend previously approved Articles

· Bond Form – the signed/sealed copy of the Wine Bond, TTB Form 5130.26

· Bottling On Account For Trade Name Letter – signed letter from the owner of a Labeling Trade Name showing that the bottling wine proprietor has permission from them to bottle on their behalf using that name

· By Laws for Corporation – document outlining duties and responsibilities of corporation officers and directors

· Certificate of Incorporation – document issued by State showing approval of Corporation (sometimes also called a Certificate of Formation)

· Certificate of Organization - document issued by State showing approval of LLC (sometimes also called a Certificate of Formation)

· Certificate to Operate in Foreign State – document issued by State authorizing a corporation or LLC formed in a different state to transact business in their State; only needed if you are incorporated or organized in a different state from the premises address where operations will be conducted

· Consent of Surety Form – the signed/sealed copy of the Change in Bond (Consent of Surety), TTB Form 5000.18

· Copy of Drivers License or Official State ID Card – clear copy of ID of the officer / owner who will be interviewed by TTB in connection with an original application

· Corporate Resolution – formal resolution of corporation, usually to grant signing authority to certain individuals

· Diagram, Plat, or Plan – detailed drawing of premises, showing buildings, walls, and equipment, with measurements shown

· LLC Resolution - formal resolution of LLC, usually to grant signing authority to certain individuals

· Lease Agreement or Proof of Property Ownership – copy of lease agreement giving applicant / industry member right to use premises property for regulated operations; copy of deed or property tax bill showing applicant / industry member owns premises property

· Letter of Intent From Foreign Supplier – documentation between Alcohol Importer and foreign distributor showing potential agreement for supplying products to be imported into US

· National Registry of Historical Place Information – if your proposed premises is included in or eligible for inclusion in the National Register of Historic Places, you must provide a letter from your State Historic Preservation Office showing permission to conduct the proposed operations in that building

· Operating Agreement for LLC - document outlining duties and responsibilities of LLC Members and Managing Members

· Other – Describe – a document other than one listed here, you will need to describe it in the field marked Document Type If Other

· Partnership Agreement – document indicating who the partners are, the name of the partnership, and who has signing authority on behalf of the partnership

· Photos of Premises – digital photographs of the premises; these may be requested to clarify or verify certain details concerning your premises description or proposed operations

· Power of Attorney Form – signed copy of Power of Attorney, TTB Form 5000.8

· Proof of Trade Name Registration – document showing proof that a trade name listed on your application has been registered with the appropriate State office

· Source of Funds Documentation - Bank Statements, Loan/Gift Information, Trust Documentation, Business Financial Statement – documentation as described in the Officer / Owner Information Table of this application showing the source of funds to start the regulated operations associated with the submitted application.