[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR25.23]

[Page 639]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 25_BEER--Table of Contents
 
                  Subpart C_Location and Use of Brewery
 
Sec. 25.23  Restrictions on use.

    (a) Use of brewery in production of beer or cereal beverage. A 
brewery may be used only for the following purposes involving the 
production of beer or cereal beverages:
    (1) For producing, packaging and storing beer, cereal beverages, 
vitamins, ice, malt, malt syrup, and other by-products of the brewing 
process, or soft drinks and other nonalcoholic beverages;
    (2) For processing spent grain, carbon dioxide, and yeast; and
    (3) For storing packages and supplies necessary or connected to 
brewery operations.
    (b) Other authorized uses. A brewer may use a brewery for other 
purposes, not involving the production of beer or cereal beverage, upon 
approval from the appropriate ATF officer, if the purposes:
    (1) Require the use of by-products or waste from the production of 
beer;
    (2) Utilize buildings, rooms, areas, or equipment not fully employed 
in the production or packaging of beer;
    (3) Are reasonably necessary to realize the maximum benefit from the 
premises and equipment and reduce the overhead of the brewery;
    (4) Are in the public interest because of emergency conditions;
    (5) Involve experiments or research projects related to equipment, 
materials, processes, products, by-products, or waste of the brewery; or
    (6) Involve operation of a tavern on brewery premises in accordance 
with Sec. 25.25.
    (c) Application. Except as provided in Sec. 25.25 for operation of 
a tavern on brewery premises, a brewer desiring to use a brewery for 
other purposes shall submit to the appropriate ATF officer through the 
appropriate regional director (compliance), an application listing the 
purposes. The appropriate ATF officer will approve the application if 
the use for other purposes will not jeopardize the revenue or impede the 
effective administration of this part and is not contrary to specific 
provisions of law.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1389, as amended (26 U.S.C. 5411))

[T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. ATF-268, 53 
FR 8628, Mar 16, 1988]