Getting licensed
The first step to beer distribution for any state is to get licensed. You will need to show you have a TTB-issued Brewer’s Notice and a production license from your home state in order to get the beer distribution license.
Similarly, almost every state has a specific license that they require out-of-state beer suppliers to have before the supplier can distribute their beer in that state. So, for every state that you want to distribute in, you’ll need to get another separate license.
If you’re selling into a state without a license, that is a clear and obvious violation, and one that a state will enforce very strictly. And if you subsequently apply for the necessary license, you will need to report that violation, which that state would not take a friendly view of, likely souring your chances to get that license.
As such, it’s critical to understand all the licensing requirements before entering a new state. While getting an out-of-state supplier’s license is not the most complex process (at least compared to getting your Brewer’s Notice), it can still be difficult and time-consuming since it can require providing a state with a lot of personal and corporate information.
Licensing watch-outs
It’s crucial you make sure you’re getting the right license. Every state calls their supplier license something different, and it can be easy to accidentally use the wrong form or check the wrong box. Make sure to review the state rules and see what is the appropriate license for out-of-state businesses and what permits the sale of beer to in-state distributors.
Similarly, you may not see an available license. Alaska and D.C. do not require you to have a license to sell to local distributors—you still need to abide by their three-tier system, but you can engage with distributors without a license. Florida also does not mandate a specific license, though you still need to register with the state as the Primary American Source of your brand/labels.
And New York and New Jersey do not even offer an out-of-state supplier license. Instead, the only available license in these states is to become an in-state distributor, which can be very complex and costly (hint: it requires having a business headquarters in the state; so many out-of-state brewers instead find a New York or New Jersey wholesaler to act as an authorized brand dealer in their respective state).