Florida Production Brewery or Brewpub: Which License is Right for You?

In the State of Florida, two different licenses are available to make beer and malt beverages for commercial sale. Which beer manufacturing license is right for you?

FactorProduction Brewery License (CMB License)Brewpub License 
(CMBP License)
What does the license let you do?Make beer and malt beverages and deliver it to licensed distributors.Make beer and malt beverages for sale to retail customers for consumption on premises.
What is the annual licensing fee?$3,000.00$500.00
Is a tax bond required?Yes – $20,000 face value unless ABT specifically authorizes lower amount.Yes – $20,000 face value unless ABT specifically authorizes lower amount.
What other Florida beverage licenses are available or required?Available: APS license – package sales for off premises consumption only. COP license – package sales for off premises consumption or sales for consumption on premises.Required: COP license – sales for consumption on premises.  
Is a federal brewery permit also required?Yes.Yes.
When must application for the license be filed?Before or at the same time as applying for retail license.At the same time or after applying for retail license.
Can sales be made to retail customers for consumption on premises?Yes, with a COP license.Yes.
Can sales be made to retail customers for carry-out?Yes, with a COP or APS license.Yes, with 4COP-SFS (restaurant) or 4COP Quota (bar) license and only together with the sale of food.
Are there limits on beer production?None.10,000 kegs per year (1 keg = 15.5 gallons).
Can beer be delivered retail customers who place online or telephone orders?No.Yes, with 4COP-SFS (restaurant) or 4COP Quota (bar) license and only together with the sale of food.

Because we’re attorneys: Disclaimer. Originally published June 12, 2022.

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