Did anyone actually incorporate their brewery?

[paranode]

I'm just curious, I know lots of you like to name your "brewery" to put on your labels. I was thinking of one for myself as well. I'm wondering if anyone actually created like an LLC or other type corporation (not for profit due to necessary licensing etc) just for the heck of it. I think it's actually pretty easy to become an LLC and get a taxpayer ID number. If so how easy was it?

 

[homebrewer_99]

Homebrewing is a hobby...not a business.

AFAIK hobbies aren't incorporated.

 

[Reverend JC]

I am in sales. I was wondering if I could create a business out of my hobby and then GIVE the beer away as "thank yous" to customers who like beer?

This seems like stretching the laws though.

 

[TheJadedDog]

My wife has this big idea about opening a bookstore someday and having a brewpub in the back which serves my homebrew. Not sure this will ever happen (money, board of health, ect...), but if it does I would certainly incorporate; not sure it's worth it if you're not selling anything.

 

[david_42]

Setting up an LLC is simple and cheap, that's how my startup is structured. I wouldn't set one up for the "brewery", because that would involve the OLCC. No way around it in Oregon. I haven't looked at the laws much, but unlike California, NO LHBS ever has samples on tap around here. I'm fairly certain it's illegal to give it away, except at registered events.

 

[Torchiest]

I haven't done anything like that yet, although I have some ideas about turning it into a business someday (who doesn't?). I don't know if it would be possible in Texas without getting the $1500 brewer's license as well, which I have no intention of doing just yet.

 

[zoebisch01]

I haven't done anything like that yet, although I have some ideas about turning it into a business someday (who doesn't?). I don't know if it would be possible in Texas without getting the $1500 brewer's license as well, which I have no intention of doing just yet.

On that note, how did you find out about the brewer's license?

 

[Torchiest]

I went the TABC (Texas Alcoholic Beverages Commission) website and started doing research on there. They also have a seperate license for a brewpub, which allows you to serve and sell beer directly to the public. The brewer's license means you have to sell to a distibutor, although the microbreweries in the state are lobbying to change that.

 

[paranode]

I have known people to set up LLCs when they aren't selling anything just to create corporations for certain legal benefits so I thought maybe one could do that and hold the name in case they ever opened up a real brewery. Obviously if you had customers of any sort you'd have to go get a license from the authorities.

As for giving beer away, it may depend on locality but I have heard of businesses w/o the proper licenses or who have had their license temporarily revoked to give away alcohol for free because they can't sell it.

 

[david_42]

A very easy way to hold a name is to get the domain name and setup a simple site. This establishes use of the name, even if you are just posting pictures of your latest blow off.

 

[krispy d]

I wrote a buisness plan/marketing stategy for a brew pub back in college but that's as far as that went. someday it'll happen I'm fairly sure. just a matter of time and money. Deffinately brewpub over micro though. so much more freedom and creative possibility. Hell Dogfishhead started on a 15 gallon Sabco!

 

[Jim Karr]

Man, a micro brewery license in Michigan is only $50! Plus, you can brew up to 30, 000 barrels................

 

[McKBrew]

Some of the state laws are easy when it comes to brewing. It's all of the requirements imposted by the US GOVT that must be followed that appear to make it more difficult. I read through a small part of the US code related to brewing, looks like a PITA.

 

[EdWort]

Man, a micro brewery license in Michigan is only $50! Plus, you can brew up to 30, 000 barrels................

Sweet! Yooper Chick oughta be all over that don'tcha know.

30,000 barrels... You Betcha!

 

[Pumbaa]

Sweet! Yooper Chick oughta be all over that don'tcha know.

30,000 barrels... You Betcha!

man it's hard for me to read that and add a Texas drawl . . .

 

[Apoxbrew]

A very easy way to hold a name is to get the domain name and setup a simple site. This establishes use of the name, even if you are just posting pictures of your latest blow off.

crazy old thread, i know... sorry to revive, but i was curious as to this comment.

so in the way off chance a homebrewer ever wants to actually make a go at pro brewing, they can "hold" a brewery name simply by establishing a website?

what happens then if someone pays for an LLC (or whatever) with your brewery name? you would then have to take them to court and spend lots of money to fight them right?

not arguing against the idea or anything, i actually hope it's a viable way to hold a name, i'm just interested (obviously) so wanted to clarify.

thanks!

 

[mforsman]

I believe that's more of a trademark issues. To have a trade mark registered, you have to prove that you did your due dilligence before registering it.

If I started a company less than a year after google and called it google search as well, and i was the first to file a trademark, it wouldn't matter. If google can prove that they had a presence before you were established then they would have the rights to the trademark.

Also, once you have a trademark, you have to actively protect it. For example, lets say I started fish dog head brewery and registered a trademark, then a year or two later someone started dog fish head brewery, that's pretty damn close, so in order to keep my trademark, I'd have to send a cease and disist, then if that didn't work move on to more drastic action.


Of course, don't take me for my word. I'm a kid and only have an understanding of this because of some issues I've run in to in the past. I am not a lawyer, and maybe someone can point out the flaws.

 

[Pivzavod]

Register your domain name, use it for whatever. If someone actually opens a real brewery with your name sell them the domain for $25k and have a down payment on your own brewery.