Beer Industry

Changes to Brewery after Original Qualification

Any change to the information shown on your previously submitted Brewer's Notice or applicable bond must be filed with the National Revenue Center.

Please review the list of possible changes. If any of the following apply to your business, click on the related link for a definition and instructions on how to notify TTB of the change.

Change in Proprietorship

Change in Control

Change in Entity Name

Addition of Trade Name

Deletion of Trade Name

Change of Location

Change of Address (No Change of Location)

Change of Construction

Alternation of Premises

Extension or Curtailment of Premises

Change of Officers/Directors/Stockholders

Contract Brewing

Change of Bond Amount

Bond Renewal

 

CHANGE IN PROPRIETORSHIP

A change of proprietorship is when an existing proprietor has new ownership (as a company). Usually, a different corporation or person is now operating the business. This may be due to an entire new owner taking over, or due to a change of entity type (change from sole proprietor to LLC; from partnership to corporation, etc.) of the existing owner.

The successor brewer must qualify as a new brewery before beginning operations, so it is pertinent that all the forms are filed well in advance of the proposed effective date of the change.

The predecessor must submit documents as required for discontinuance. See "Discontinuance" Section below.

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CHANGE IN CONTROL

A change of stock control is when a change of stock distribution or LLC membership ownership occurs producing a new person or company owning more than 50% of the outstanding stock or ownership interest.
Brewer's Notice, TTB Form 5130.10, must be submitted within 30 days of the change. The notice should be filed showing the next serial number and describing the change of stock/interest ownership. In these cases, the organizational structure of the entity has not changed.
If a new stockholder holds more than 10% stock or interest, and is not already on record, TTB Form 5000.9, Personnel Questionnaire, must be filed.

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CHANGE IN ENTITY NAME

Brewer's Notice, TTB Form 5130.10, must be filed in duplicate. The Amended Articles of Incorporation or Articles of Organization must be filed showing the change.

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ADDITION OF TRADE NAME

TTB Form 5130.10, Brewer's Notice and proof of trade name registration, if required by the state, must be filed in duplicate.

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DELETION OF TRADE NAME

TTB Form 5130.10, Brewer's Notice showing the trade name to be deleted must be filed in duplicate.

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CHANGE OF LOCATION

Brewer's Notice, TTB Form 5130.10, must be filed in duplicate. A Brewery may not begin operations at new location until approved.
A superseding bond on TTB Form 5130.22 or TTB Form 5130.25, or a Change of Bond (Consent of Surety), TTB Form 5000.18, must be submitted, in duplicate, showing the new address.
Environmental Information, TTB Form 5000.29 and Water Quality Considerations, TTB Form 5000.30 must be submitted.

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CHANGE OF ADDRESS (No Change of Location)

Brewer's Notice, TTB Form 5130.10, must be filed in duplicate.

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CHANGE OF CONSTRUCTION

Brewer's Notice, TTB Form 5130.10, must be filed in duplicate showing the changes, and with all necessary attachments showing the alterations.

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ALTERNATION OF PREMISES

A brewer operating a contiguous bonded winery, taxpaid wine bottling house, or distilled spirits plant may alternate the use of each premise by extension or curtailment.

For an alternation as a winery or taxpaid wine bottling house, a TTB Form 5130.10, Brewer's Notice, must be filed to cover the curtailment and extension of premises to be alternated. A TTB Form 5000.18, Change of Bond (Consent of Surety) must also be filed, along with a new diagram. A letterhead notice requesting a variance from the requirement to submit notification of each alternation should be filed, along with a variance request to allow the brewery premises to be used for other purposes.
If the brewery is alternating with a distilled spirits plant, all of the above must be filed, along with a written request asking permission to alternate the brewery premises with a distilled spirit plant.

Application paperwork for original qualification as a bonded winery, taxpaid wine bottling house, or distilled spirits plant must also be filed in duplicate.

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EXTENSION OR CURTAILMENT OF PREMISES

Brewer's Notice, TTB Form 5130.10, must be filed in duplicate.
Environmental Information, TTB Form 5000.29 and Water Quality Considerations, TTB Form 5000.30, must be submitted.

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CHANGE OF OFFICERS/DIRECTORS/STOCKHOLDERS

When there is a change in the officers, directors, or stockholders of 10% or more, the brewer will submit, within 30 days of the change, an amended Brewer's Notice on TTB Form 5130.10.
If new personnel are being added, a TTB Form 5000.9, Personnel Questionnaire, must be submitted for each person.

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CONTRACT BREWING

An Amended Brewer's Notice, TTB Form 5130.10, must be filed to add a trade name used by a another brewery or wholesaler. The Trade name must be registered with the State, if the state requires registration. A letterhead notice from the customer/wholesaler giving authorization to brew their product must be filed.

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CHANGE OF BOND AMOUNT

A superseding Brewer's Bond, TTB Form 5130.22, or Brewer's Collateral Bond, TTB Form 5130.25, must be filed if the amount of the bond will change.

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BOND RENEWAL

Each Brewer's Bond, TTB Form 5130.22, or Brewer's Collateral Bond, TTB Form 5130.25, expires every four years. In order to continue operations without interruption, one of the following must be filed and approved prior to the expiration date of the current bond or continuation certificate:

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Page last reviewed: September 24, 2015
Page last updated: November 5, 2015
Maintained by: National Revenue Center

TTB
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