Starting up: Bonding and Permitting fun... Santa Clara County

We are in progress with SC County and about to engage with TTB to become a bonded winery, and then following that get a CA permit/license with hopes of making '10 harvest and '11 opening. We’ve been told its about a 6-9 month process.

While we are “permitted by right” by zoning, the county seems to be taking time and fees to validate that we in fact do have over an acre and are in RR-5AC…

Any feedback on predictable pitfalls to avoid with County, State of CA and TTB?

Suggested bonding companies for small scale (200-500 cs) startup?

Thanks


Sheldon
“Lightheart Cellars”

Hey Sheldon,

We bonded our winery last year in Washington State. We began filing in April, had no conflicts with the TTB, and were bonded by September 1. Beginning the process a bit earlier would most likely ensure ample time for approval. We did not go through a bonding company, but rather completed all paperwork ourselves. For me, a freshly graduated business student, it took ample research and about two weeks of back and forth with the TTB (and local, county, and state agencies) to help with paperwork and make sure that everything was completed properly the first time. Other than that it was a waiting game. We produced 120 cases our first year and 250 cases our second.

I don’t know how local and state agancies differ from California to Washington, but I am assuming that they are fairly similar in requirements.

Hope that helps.

Michael

Boy, given the title, Serge is going to be REALLY disappointed with this thread.

My thoughts exactly. To stay on track, this is a useful thread for new start up wineries and hopefully, all discussions will be related to licensing and such!

Thanks for the replies, No doubt my topics will provoke some folks along the way…

so far we have been in touch with Santa Clara County Planning dept, which is reluctantly admitting we are permitted
by right to have a winery… Though they don’t want to let us have a tasting room usage without a whole lot more
paper work and involving other agencies. Thats going to probably involve opening up the driveway width and making an ADA toilet, even though nobody else at our scale has one.


Fortunately we don’t need a tasting room, until perhaps 2011 earliest.

The TTB stuff is in the selecting a bonding company stage, and we are trying to decipher the CA ACB website. If there is a magic decoder, I’d like to buy a clue. Its not terribly clear what we need to do, so I suspect we will muddle through to get our type 02.

We figured we would start a year early, to cover the inevitable bureaucratic efficiencies .

Regarding ADA toilets, etc. In California, there are people who make a living filing lawsuits against wineries that don’t meet accessibility requirements.

-Al

This is one of the reasons we are not open to the public!

I didn’t know you had public up there!

-Al

[quote=“Al Osterheld”]I didn’t know you had public up there!

-Al[/quote
That’s the other reason! [wink.gif]

LOL

This is part of what we are trying to “learn”. What the details are of being “open to public” vs allowing wine club “members” to come and pick up their bottles, on selected dates, while samples are provided, and an accessible Porta-potti is provided.

Down the road, if we are successful, I am quite willing to build necessary structures in public spaces, just need to be successful first.

We are also “not open to the public” for the same reasons. Too many hoops for such a small operation. I figure when we grow enough we can open our doors to guests. Until then it’s just crush parties and pickups.

I’m sure Paul Romero will have lots of good insight as he went through this a few years ago.
You should also talk to Jason Goelz of Jason/Stephens winery (Dorcich vineyard on Watsonville Road)
as I know he had some headaches with getting all the paperwork straight.

You might want to contact the Wineries of Santa Clara Valley if you haven’t already done so.

Yep!

So we got our zoning affidavit, to be a “winegrower” along with a letter that tells us we are NOT permitted to have a tasting room, or have retail sales to the public, until we comply with some additional building permits to become compliant. In the long run, as we can afford to do so, we plan to, as its the right thing.

Whats escaping me, is that there are many local wineries who don’t have compliant facilities as far as ADA, they seem to get around the requirements by only having the public outdoors, and only being open on an infrequent (once a month? ) basis.

Am I missing anything, or is the distinction of only being open occasionally a get around?

Since the ABC only requires that we be zoning certified, I would think the county can’t restrict the terms of the state type 02 license specifially as listed here… http://www.abc.ca.gov/forms/abc616.pdf

WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises.

regards,

Sheldon

I don’t know the exact legalities, but the different between public and private seems clear, and I see it in practice. If it makes sense is another matter. Public being the public as a whole are being invited. Private means you inviting people who signed up on your mailing list, participants in the Passport program , people who contact you for an appointment.

Found this article on ADA compliance from wine business http://www.stoel.com/Files/TastingRoomLiability.pdf

For more edification, you can also google: california ada winery shakedown

-Al