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wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

Steps to Starting a Texas Brewery

John Wilson • Aug 22, 2023

Starting a Brewery in Texas

Starting a brewery in Texas can be an exciting and rewarding venture. Texas is renowned for its vibrant craft beer scene, rich culture, and diverse customer base, making it a great place to establish a brewing business. Brewers can enjoy the creative freedom of experimenting with unique flavors and styles, catering to the eclectic tastes of the locals. In addition, Texas offers favorable business conditions and supportive communities that can help accelerate the growth of new breweries. With the state's increasing popularity as a beer destination, starting a brewery here also provides opportunities for creating connections, building a loyal customer base, and contributing to the local economy and culture. Staring such a brewery involves a series of essential steps, including planning, securing funding, selecting a suitable location, and obtaining the necessary licenses and permits. This is an exciting but complex process, requiring careful planning and adherence to state and federal regulations.

Timeline for a Brewery Startup in Texas

Crafting a detailed business plan is the first step, which should include information on the target market, competitive analysis, and financial projections. Once the plan is ready, entrepreneurs can seek funding through loans, investors, or personal savings. Selecting an appropriate location is crucial, as it must accommodate production needs, comply with zoning laws, and be strategically situated for distribution and sales. There are many other factors to consider which our TABC attorneys can assist you with.


Importantly, registering the business with the Texas Secretary of State is required, as well as applying for an Employer Identification Number from the IRS. The next step is obtaining a Texas Manufacturer's License from the Texas Alcoholic Beverage Commission (TABC) and a Brewer's Notice from the federal Alcohol and Tobacco Tax and Trade Bureau (TTB). These licenses require a thorough application process involving business information, background checks, and site inspections. Once licensed, brewers can install equipment, test their recipes, and commence production. In Texas, breweries can also opt for a Brewpub License, allowing them to sell directly to consumers.  Below is a list of the startup brewery process and related timelines:


Starting a Brewery in Texas


1. Crafting a Business Plan

Estimated Time: 1-2 months

Your business plan should define the scope of your brewery, target market, competitive analysis, and financial projections. It should also outline your marketing and sales strategies, business structure, and potential risks.

2. Securing Funding

Estimated Time: 1-2 months

Lenders and investors would typically need to see your business plan, personal financial statement, tax returns, and possibly some collateral.

3. Selecting a Suitable Location

Estimated Time: 1-3 months

Look for a location that accommodates your production needs, has adequate utilities (like water and sewer), and is in compliance with local zoning laws. You'll need a physical location before applying for permits and licenses.

4. Incorporating Your Business

Estimated Time: 1-2 weeks

Register your brewery as a legal entity with the Texas Secretary of State. You'll also need to apply for an Employer Identification Number (EIN) with the IRS.

5. Obtaining Texas and Federal Licenses

Estimated Time: 4-8 months

You need to apply for a Texas Manufacturer's License (Brewpub License if you plan to sell directly to consumers) from the TABC and a Brewer's Notice from the Alcohol and Tobacco Tax and Trade Bureau (TTB). Both applications require submitting your business information, location, owners, and financial records. Background checks and site inspections are also involved.  For more information on Securing a Texas Liquor License click on the link.

6. Brewing Equipment Installation and Testing

Estimated Time: 2-4 months

Once your licenses are approved, you can install your brewing equipment and start test batches to perfect your recipes.

7. Final Inspection and Approval

Estimated Time: 1-2 months

Once your brewery is set up, TABC will conduct a final inspection. If everything is compliant, you'll receive approval to start manufacturing.

8. Brewing and Packaging

Estimated Time: Ongoing

With approval in hand, you can start production. Be sure to follow the guidelines for packaging and labeling as per TABC and TTB regulations.

9. Distribution

Estimated Time: Ongoing

You can self-distribute or contract with a distributor to get your beer to market. Make sure you comply with Texas distribution laws and have the necessary permits.

TABC Licensing and Compliance Attorney

Remember, starting a brewery involves considerable planning, time, and investment. Consult our attorneys at Wilson Whitaker Rynell for helping you understand the regulatory process with the TABC and TTB. Also, keep in mind that the actual timeframes listed in this article may vary depending on several factors, including your resources, experience, local conditions and the permitting process itself. Simply, starting a Brewery can be fun and rewarding but it is a process and it takes time.

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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By John Wilson 06 May, 2024
What is a Franchise Agreement? Businesses form franchise agreements when they want to share their business ideas and ventures with other entrepreneurs looking to be independent business operators themselves. The franchise agreement is a legal contract that establishes a franchisor-franchisee relationship to expand the franchisor's entrepreneurial ideas and values. The franchisor grants the franchisee the legal right to set up and operate a franchised business consistent with the terms of the franchise agreement. Under this agreement, the franchisee gains the license to use the franchisor’s trademarks, trade dress, business systems, operational manuals, and supply sources for offering and selling the franchisor's specified products and/or services. The franchise agreement is required to be legally included as an exhibit in the franchisor’s Franchise Disclosure Document, which must be presented to potential franchisees before any franchise offerings or sales are made. The federal trade commission publishes A Consumer's Guide to Buying a Franchise which is helpful for perspective purchasers' of franchises.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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