Will Indiana’s Beer Laws Keep Up With Three Floyds Growth?

There was an interesting article last week in The Times of Northwest Indiana profiling superstar brewery Three Floyds, its elusive beers and the breweries projected growth in the next two years.

The article included an interesting tidbit about Three Floyds expected production this year and next (emphasis added):

“Three Floyds brewed roughly 20,000 barrels last year (one barrel is 31 U.S. gallons). This year its shooting for about 25,000. Eventually it will go beyond 30,000. That’s where the Indiana legislation enters the story. Not only is the Three Floyds name stamped on beer bottles, but also on two amendments.

The Three Floyds amendments benefit craft beer in Indiana.

“When there weren’t any breweries in Indiana the legislators just made a law that if you are going to be a small brewery the definition of a small brewery is up to 20,000 barrels of production,” Struve said.

Among other things the law meant a brewery topping that production would limit pubs and increase taxes.

“We would be given two options,” Struve said. “One would be to continue to grow and close our pub. The other would be to stay at 20,000 barrels and keep our pub. So as a stopgap measure they (the Legislation) increased that to 30,000. And we’re going to go beyond 30,000 barrels as well.”

Meaning there is still work to be done, legislatively.”

That leaves us to wonder aloud; will the Indiana legislature be able to keep pace with Three Floyds growth?

Twice in the last two years lawmakers in Indiana stepped to the plate to help Three Floyds (as well as Sun King and Upland) to retain their “craft brewer” designation in the state by upping the barrel limit.

That designation, by the way, means tax breaks, self-distribution rights and on-site sale privileges.

The fact that out-of-state beer sales are not counted towards the designation, as we understand the law, should give craft brewers in Indiana some wiggle room before the legislature needs to revisit the issue.

But with Three Floyds projected to eclipse the 30,000 barrel cap in 2013 will the legislature be able to step up for a third time?

For those of us who lust after Zombie Dust, we certainly hope so.

Ryan

About Ryan

With over fifteen years of news experience under his belt, Ryan spearheads The Guys in-depth coverage of beer news and craft beer legislation in Illinois and neighboring states. When he’s not digging through the annals of state government he’s looking for unique beers to cellar.

4 Thoughts.

  1. Good question, Zach. The current law, as we understand it, only counts beer produced for consumption within the state of Indiana towards the 30,000 barrel cap.

    Here’s the portion of the law we drew that conclusion from.

    SECTION 1. IC 7.1-3-2-2, AS AMENDED BY P.L.186-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The commission may issue a brewer’s permit for a brewery that manufactures more than thirty thousand (30,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:
    (1) an individual;
    (2) a partnership, all the partners of which are bona fide residents of Indiana;
    (3) a limited liability company, all the members of which are bona fide residents of Indiana; or
    (4) a corporation organized and existing under the laws of Indiana and having authority under its charter to manufacture or sell beer.
    The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.
    (b) The commission may issue a brewer’s permit to a brewer for a brewery that manufactures not more than thirty thousand (30,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to: (1) an individual;
    (2) a partnership organized and existing under the laws of Indiana;
    (3) a limited liability company organized and existing under the laws of Indiana; or
    (4) a corporation organized and existing under the laws of Indiana.
    The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.

    This extends to Indiana based breweries. It’s unclear, at least to us, if those same rights would be extended to a second location in a different state.

  2. Another location in a different state would NOT impact the numbers for Indiana. Those numbers and production would be under Illinois law if it happens there. And as a Three Floyds distributor in the state of Indiana, my hope and opinion is that the law will keep up with Three Floyds, but I suppose there is no guarantee where legislators are concerned.

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