[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: 27CFR25.25]

[Page 640]
 
            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. 25.25  Operation of a tavern on brewery premises.

    (a) General. A brewer desiring to operate a tavern as an alternate 
use of brewery premises, shall submit a Brewer's Notice, ATF F 5130.10 
containing the information required by paragraph (b) of this section. If 
the appropriate ATF officer finds that the operation of the tavern on 
brewery premises will not jeopardize the revenue or impede the effective 
administration of this part and is not contrary to specific provisions 
of law, the approval of the Brewer's Notice, ATF F 5130.10 shall 
constitute approval of the alternate use of brewery premises, in lieu of 
the application required by Sec. 25.23. As used in this section, 
``tavern'' means a portion of brewery premises where beer is sold to 
consumers. Food, and/or taxpaid wine, and/or taxpaid distilled spirits 
may also be sold at a tavern operated on brewery premises. Taxpaid beer 
produced by other brewers may be received, stored and sold on brewery 
premises in accordance with Sec. 25.24.
    (b) Brewer's Notice. In preparing the Brewer's Notice, AFT F 
5130.10, the applicant shall show the following information, in addition 
to the information required by the form:
    (1) The applicant shall identify the portion of the brewery which 
will be operated as a tavern by providing a diagram or narrative 
description of the boundaries of the tavern. The diagram or description 
shall identify areas of the brewery which are accessible to the public 
and areas which are not. The applicant shall describe security measures 
to be used to segregate public areas from non-public areas.
    (2) The applicant shall describe in detail the method to be used for 
measuring beer for the purposes of tax determination.
    (3) The applicant shall identify the tanks which will periodically 
contain tax-determined beer, and any other areas where tax-determined 
beer will be stored.
    (c) Procedures. The following procedures shall apply to operation of 
a tavern on brewery premises:
    (1) The brewery shall have a suitable method for measurement of the 
beer, such as a meter or gauge glass. Tax determination shall consist of 
the measurement of the beer and the preparation of the brewer's record 
of tax determination, required by Sec. 25.292(a)(8). The taxes shall be 
determined prior to the time that the beer is dispensed into a container 
for consumption.
    (2) If the brewer uses one or more tanks for tax determination, the 
following procedures shall apply:
    (i) Each such tank shall be durably marked with the words ``tax-
determination tank'';
    (ii) The taxes shall be determined each time beer is added to a tax-
determination tank; and
    (iii) The brewer may never simultaneously pump into and out of a 
tax-determination tank.
    (3) A brewer qualified under this section may store, on brewery 
premises, tax-determined beer which is intended for sale at a tavern 
operated on brewery premises, in accordance with this section. The 
prohibition of Sec. 25.24 shall not apply to such tax-determined beer.
    (4) Beer consumed by employees and visitors in the brewery's tavern 
shall be beer on which the tax has been paid or determined.

[T.D. ATF-268, 53 FR 8628, Mar 16, 1988]