Page 21 - Beverage Master_AprMay2022

Craft Brewery
A Legal Checklist for the
Startup Brewery By: Brian D. Kaider, Esq.
F or those hoping to realize their dream
of starting a craft brewery, the number
of tasks can be overwhelming and it
may be difficult to know where to begin.
Building the right team to help achieve each objec-
tive can smooth the path considerably. One of the
first members of that team should be an attorney
knowledgeable in the industry. The information
below is not a comprehensive list of everything a
brewery needs to do, but is intended to provide a
rough estimation of the time and expense required
for the major events that may require an attorney,
as well as identifying opportunities to save expense
by doing some tasks in-house. These items are list- an LLC to have a signed operating agreement. As
BM040522 Main Pages.indd 19
ed in a sequential order that may be useful, but is
certainly not a requirement.
Form Corporate Entity
In most cases, a limited liability company (LLC) is
the best structure for a startup brewery, though
it is wise to first consult a CPA or tax professional
familiar with breweries. Secretary of State offices
often have simple online forms for the Articles of
Organization of an LLC that do not require the ser-
vices of an attorney. However, some States, such
as California, New York, and Delaware, require
BEVERAGE MASTER April - May 2022 19
3/25/22 1:25 PM