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B A K E R S F I E L D
Staff: Committee members:
Chris Huot, Assistant City Manager Bruce Freeman, Chair
Bob Smith
Chris Parlier
SPECIAL MEETING OF THE
PLANNING AND DEVELOPMENT COMMITTEE
of the City Council - City of Bakersfield
Tuesday, November 7, 2017
12:00 p.m.
City Hall North
1600 Truxtun Avenue, Bakersfield, CA 93301
First Floor, Conference Room A
AGENDA
1. ROLL CALL
2. ADOPT OCTOBER 3, 2017 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Discussion and Committee Recommendation Regarding Microbreweries in the
Downtown Area – Kitchen
5. COMMITTEE COMMENTS
6. ADJOURNMENT
B A K E R S F I E L D
Committee Members
Staff: Chris Huot Councilmember, Bruce Freeman Chair
Assistant City Manager Vice Mayor, Bob Smith
Councilmember, Chris Parlier
SPECIAL MEETING OF THE
PLANNING AND DEVELOPMENT COMMITTEE
Tuesday, October 3, 2017
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
AGENDA SUMMARY REPORT
The meeting was called to order at 12:00 p.m.
1.ROLL CALL
Committee members:
Councilmember, Bruce Freeman, Chair
Vice Mayor, Bob Smith
Councilmember, Chris Parlier
City Staff:
Alan Tandy, City Manager
Chris Huot and Steven Teglia, Assistant City Managers
Christopher Gerry, Assistant to the City Manager
Brianna Carrier, Management Assistant
Virginia Gennaro, City Attorney
Richard Iger, Deputy City Attorney
Nelson Smith, Finance Director
Nick Fidler, Public Works Director
Zack Meyer, Public Works Wastewater Manager
Evette Roldan, Public Works Wastewater Engineer
Jacqui Kitchen, Community Development Director
Paul Johnson, Planning Principal Planner
Whitney Jackson, Planning Associate Planner
Tony Jaquez, Planning Associate Planner
Additional Attendees:
Josh Porter, Department of Alcoholic and Beverage Control
Dave Dmhowski, Home Builders Association
John Spencer, Development Consultant
Wade Bowen, Bowen Spirits
Joseph Luis, Bakersfield Californian
/S/ Chris Huot
Planning and Development Committee
October 3, 2017 Agenda Summary Report
Page 2
2. ADOPT SEPTEMBER 20, 2016 AGENDA SUMMARY REPORT
The report was adopted as submitted.
3. PUBLIC STATEMENTS
None
4. NEW BUSINESS
A. Discussion Regarding Microbreweries in the Downton Area – Tandy/Kitchen
Community Development Director Kitchen provided a Power Point presentation
summarizing the information provided in the memorandum included in the agenda
packet regarding microbreweries in the downtown area.
Committee Chair Freeman asked if there was a specific criterion to determine the
distance between microbreweries and core retail type facilities.
Community Development Director Kitchen stated the distance would depend on
the compatibility of the type of brewery to its proposed location which can be
determined the Conditional Use Permit (CUP) process. City Attorney Gennaro added
that the CUP process is subjective and would allow for the notification of those within
a 300 foot radius of the requested location site the opportunity to provide comment.
Committee Chair Freeman requested staff research what other cities have
experienced with this type of process.
Public Works Director Fidler added that there are several variables which would
make it difficult to determine if a brewery will release more odors than another, how
much waste product it produces and how it will dispose of it. There are issues with
breweries releasing their waste into the city sewer system as it can damage the
infrastructure of the system. Microbreweries are relatively new for the city and staff
has been researching what the City of San Diego has implemented.
Joshua Porter with the Department of Alcoholic and Beverage Control (ABC) stated
the matter of microbreweries has not been discussed locally previously. He had no
additional information to provide.
Cathy Butler with the Downtown Business Association stated microbreweries in the
downtown area is of great interest to the young professionals and is aware there are
concerns with the topic. She suggested additional research be conducted
regarding what cities have done with the matter.
Committee member Parlier agreed with Ms. Butler’s comments. He supported staff’s
use of the CUP process to review applications for proposed microbreweries. HE also
inquired if it was possible to extend the period to pay sewer connection fees for
these types of establishments.
City Manager Tandy stated it is a difficult and problematic to collect the fee when it
is not collected at the beginning of the process.
Planning and Development Committee
October 3, 2017 Agenda Summary Report
Page 3
Committee member Parlier made a motion to have the zoning ordinance amended
to include the proposed changes to include definitions for microbrewery, distillery,
and brewery; and add microbrewery/distillery to the listed land uses to be approved
through the CUP process. The draft ordinance is to be presented to the Committee
at a later date.
Committee member Smith requested staff reach out to the Cities of Visalia and
Modesto to research why they chose a by-right process and their experience with
this process. He stated he was supportive of the concept but would like the process
to be less regulated.
Committee member Parlier inquired if new establishments with liquor licenses are also
reviewed through the CUP process.
Community Development Director Kitchen clarified that establishments affiliated with
a restaurant in the downtown area do not go through the CUP process; stand-alone
bars outside the downtown area are required to go through the CUP process. Mr.
Porter added that establishments who sell additional products that they do not
produce are required to also sell food; typically these types of establishments
operate with a restaurant.
Mr. Wade Bowen of Bowen Spirits stated he has operated on the outskirts of the city
limits for approximately six years. He stated his concern was regarding the ability to
sell his product directly to the public.
Committee Chair Freeman agreed with Committee member Smith’s comments and
stated he too was in favor of a less regulated process. The Committee requested
staff also research and include changes to setback distances, increase the
maximum square footage allowable for the establishments, and their abilities to
bottle and sell their product on site to be presented to the Committee. City Attorney
Gennaro clarified that the additional changes requested by Committee members
Freeman and Smith would also be included in the draft ordinance as proposed by
Committee member Parlier’s motion. The motion was unanimously approved.
5. COMMITTEE COMMENTS
None
6. ADJOURNMENT
The meeting adjourned at 12:58 p.m.
Page 1
B A K E R S F I E L D
Community Development Department
Jacquelyn R. Kitchen, Community Development Director
MEMORANDUM
DATE: November 7, 2017
TO: PLANNING AND DEVELOPMENT COMMITTEE
Bruce Freeman, Chair
Bob Smith
Chris Parlier
FROM: JACQUELYN KITCHEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: Referral No. 770 (Ward 2) Definition of Microbrewery in Downtown Bakersfield
At the June 7, 2017 City Council meeting, Councilmember Gonzales made a referral to the Planning and
Development Committee to review creation of a definition of a “microbrewery” in Downtown Bakersfield. At
the October 3, 2017 Committee meeting, Staff presented information on the following topics:
• Background of “micro” brewing and distilling
• Applicable definitions
• Licensing and Permitting Overview
• Comparable Cities List and Compatibility Considerations
• Options for Operational Standards and Permitting
During the meeting, the Committee discussed the list of “Operational Standards” presented in the Staff report
and provided direction related to Size limits, Setbacks, and Off-Site Sales. The Committee also directed Staff to
bring back a draft Ordinance that incorporates the uses into the Zoning Ordinance as a “by right” use in the
Downtown area; subject to basic operational standards. Staff has researched further and offers the following
information:
SIZE, SETBACKS, OFF-SITE SALES. The October 3rd Staff Report noted some Cities limit the size of “micro-
breweries,” require setbacks from schools and parks, and prohibit “off-site” sales of product. Councilmembers
Smith and Freeman commented that these regulations may be too restrictive on business owners and
suggested reduced or minimal requirements.
Upon further research, Staff found mixed results in other Cities and did not find consistent information related
to limitations on business size, setbacks, and off-site sales. Additionally, all operations will be required to obtain
and maintain the applicable State ABC permit, which defines specific sales and setback requirements based on
permit type. Therefore, Staff concludes that these topics will be addressed through ABC regulations.
ODORS. The Staff Report also noted that large breweries generate odors. Councilmembers noted that other
jurisdictions permit “micro” breweries and that odors would be less of a nuisance on a smaller scale. Staff has
researched further and found that other jurisdictions require mechanical filtration systems instead of natural
filtration systems. Staff also reached out to the San Joaquin Valley Air Pollution Control District and requested
information on applicable regulations and the District confirmed that applicable commercial projects would
obtain permits and that, in the District’s experience, property designed “micro” facilities have not created an
odor nuisance. Therefore, Staff is recommending adherence to best practices and the use of mechanical
filtration systems for small operations.
Page 2
DEFINITION. The purpose of regulating brewery and distillery establishments is to ensure compatibility with
surrounding properties. The California Department of Alcoholic Beverage Control permits a “Micro-brewery”
under the Type 23 license, for manufacture of up to 15,000 barrels per year; and a “Craft Distiller’s License” for
manufacture of up to 100,000 gallons per year (See Attachment 1). Therefore, Staff developed two definitions
in accordance with these thresholds.
“Brewery or Distillery, Large” will address commercial breweries that are currently allowed in industrial zones.
“Brewery or Distillery, Small” will add a new use for “micro” operations in Downtown and commercial areas.
Staff recommends modifications to Municipal Code (Chapter 17.04 Definitions) to add the following definitions:
17.04.077 BREWERY OR DISTILLERY, LARGE
“Brewery or distillery, large” means the manufacturing of more than 15,000 barrels per year of beer, ale,
malt beverages, or more than 100,000 gallons of distilled spirits; not including wine. Operations shall
continuously comply with the following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and
adhere to industry best practices for odor reduction.
17.04.078 BREWERY OR DISTILLERY, SMALL
“Brewery or distillery, small” means the manufacturing of 15,000 barrels, or less, per year of beer, ale, malt
beverages, or 100,000 gallons, or less, of distilled spirits; not including wine. Operations shall continuously
comply with the following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and
adhere to industry best practices for odor reduction, to include a mechanical filtration system.
4. Include and continuously operate a bona-fide food service/restaurant component, on-site.
ZONE DISTRICTS. Staff recommends amending the Zoning Ordinance to add the new definitions as listed uses
in the zone districts noted below. Per your Committee’s direction, this would allow “small” operations to open
in the Downtown area, subject to operational standards listed above, without a conditional use permit.
Brewery or Distillery,
Small 1
Brewery or Distillery,
Large 2
Section Zone Permitted Use CUP Permitted Use CUP
17.24.040.B C-2 (Regional Commercial) X
17.25.020.B C-B (Central Business) X
17.26.020.B C-C (Commercial Center) X
17.28.020.B M-1 (Light Manufacturing) X X
17.30.020.B M-2 (General Manufacturing) X X
1. New use will allow “micro” brewery/distillery in the Downtown area and in C-2 zone with a CUP.
2. Currently, Breweries/Distilleries are only permitted in M-1 and M-2 zones.
3. This definition is not inclusive of Wineries, which are only permitted via CUP only in M-2 zone
RECOMMENDATION
Direct Staff to draft Ordinance changes noted above and bring to City Council.
Attachment 1
(Alcohol Beverage Control Information)
ABC-616-NR (rev. 01-11) 1
Department of Alcoholic Beverage Control
NON-RETAIL ABC LICENSE TYPES
AND THEIR BASIC PRIVILEGES
State of California
Edmund G. Brown Jr., Governor
LICENSE
TYPE
DESCRIPTION
01 BEER MANUFACTURER - (Large Brewery over 60,000 barrels per year) This license is required by
makers of beer in this State. An exception under State and Federal law allows a person to produce up to 100
gallons of beer a year for his/her own consumption (maximum of 200 gallons per household). See also
Small Beer Manufacturer (Type 23) for brewpubs and micro-breweries. "Beer manufacturer" means any
person, except those manufacturing pursuant to Section 23356.2 (home brew), engaged in the manufacture
of beer (Section 23012).
02 WINEGROWER - (Winery) The following pertains to new winegrowers' licenses issued after September
17, 1965. A winegrower must have facilities and equipment for the conversion of fruit into wine and
engage in the production of wine (Section 23013). Federal Alcohol and Tobacco Tax and Trade Bureau
(TTB) regulations permit a winegrower to use the facilities and equipment of another winegrower to
produce wine. This is commonly referred to as an "alternating proprietorship." Separate winegrower
licenses are issued to each legal entity manufacturing wine under its own bonded winery permit. Wine must
be made from the fermentation of agricultural products to which may be added brandy that is distilled from
the same agricultural product from which the wine is made. Thus, neutral grain or other distilled spirits
cannot be used to fortify wine – only brandy of a specific type. No more than 15% added flavoring or
blending material may be added. (Section 23007).
03 BRANDY MANUFACTURER - The following pertains to brandy manufacturers' licenses, and to
duplicate brandy manufacturer's licenses issued after September 17, 1965. This license authorizes the holder
to manufacture only brandy and not other distilled spirits (Section 23014). Brandy made by the distillation
of wine or fermented fruit.
04 DISTILLED SPIRITS MANUFACTURER - The following pertains to new distilled spirits
manufacturer's licenses issued after September 18, 1959. The Act defines a distilled spirits manufacturer as
"...any person who produces distilled spirits from naturally fermented materials or in any other manner"
(Section 23015). The functions of this type of license, in addition to that of production, include packaging,
bottling, rectifying, flavoring and others as found within Section 23356. The functions apply only to
distilled spirits; they do not include wine or beer.
05 DISTILLED SPIRITS MANUFACTURER'S AGENT - This license authorizes any of the following:
(a) The possession of distilled spirits in public or private warehouses.
(b) The exportation of distilled spirits.
(c) The cutting, blending, mixing, flavoring, and coloring of distilled spirits for his own account or for the
account of a distilled spirits manufacturer, manufacturer's agent, rectifier, or wholesaler.
(d) Whether cut, blended, mixed, flavored, or colored by him, or any other person, the packaging and the
sale or delivery of distilled spirits only to holders of distilled spirits manufacturer's, rectifier's or distilled
spirits wholesaler's licenses.
A person need not actually engage in the cutting, blending, or bottling of distilled spirits in order to qualify
for a distilled spirits manufacturer's agent's license.
06 STILL - The following applies to still licenses used for the making of alcoholic beverages or capable of
such use. A still is "...any apparatus capable of being used for separating alcohol, or alcoholic vapors or
solutions from alcohol or alcoholic solutions or mixtures ..." Stills used for laboratory purposes or stills
used solely for producing distilled water or other non-alcoholic beverages are exempt from licensing
(Section 23034). (Generally, this license is not required to produce fuel alcohol.)
07 RECTIFIER - This type of license is frequently referred to as a "distilled spirits rectifier's license", which
is incorrect since the license also permits the rectification of wine. This licensee is authorized to cut, blend,
rectify, mix, flavor and color distilled spirits and wine upon which excise tax has been paid and, whether
rectified by the licensee or another person, to package, label, export and sell the products to persons holding
licenses authorizing the sale of distilled spirits (Sections 23016 and 23368). This licensee may sell distilled
spirits and wine without the need for any other license, but he/she may not sell wine to a person who does
not hold a license that also authorizes the sale of distilled spirits. A rectifier may also elect to function as a
distilled spirits wholesaler, but when doing so, he/she must comply with all of the provisions applicable to a
distilled spirits wholesaler (Section 23371).
ABC-616-NR (rev. 01-11) 2
LICENSE
TYPE
DESCRIPTION
08 WINE RECTIFIER - The wine rectifier's license is one in very limited use. Presently, there are no active
Type 08 licenses. A rectifier's license (Type 07) includes wine rectification privileges in addition to
allowing distilled spirits rectification privileges. A wine blender's license allows most of the same privileges
as the wine rectifier's license. A wine rectifier may only deal in "tax-paid" wine, unlike a wine blender who
may process "in-bond" (non-tax paid) wine. A wine rectifier's license authorizes the person to whom issued
to cut, blend, mix, flavor, or color wine upon which excise tax has been paid, and whether so cut, blended,
rectified, mixed, flavored, or colored by him, or any other person, to package, label, export, and sell the
products to persons holding licenses authorizing the sale of wine (Section 23372).
09 BEER AND WINE IMPORTER - This license is only issued to a person who holds another type of
license which permits the sale of beer and wine for resale. This license has no sale privileges. It only
permits the holder to import and export alcoholic beverages and to transfer the beverages to him/herself
under another license (Section 23374).
10 BEER AND WINE IMPORTER'S GENERAL - This type of license is one frequently issued to agents
for out-of-state breweries or wineries who refer to themselves as "brokers." Such agents differ greatly from
true brokers as is shown in the functions they perform. This license should also be held by companies
representing manufacturers/suppliers where such companies have a physical marketing presence in
California. This presence may consist of a regional sales office or one person/employee working out of
his/her home while performing general missionary work. Another common situation requiring the holding
of this license is where an out-of-state vendor imports beer or wine in its own name and uses the services of
a licensed public warehouse for importation, storage and distribution of beer and wine to authorized
licensees. Section 23374.6 authorizes the person to whom this license is issued to become an importer of
beer or wine and to sell State tax-paid beer and wine to beer manufacturers, winegrowers, beer and wine
wholesalers, wine rectifiers, and other beer and wine importer's general licensees.
11 BRANDY IMPORTER - This license is only issued to a person who holds another type of license which
permits the sale of brandy for resale. It, however, may not be issued to a California Brandy Wholesaler.
(Section 23378.1) Brandy is included in the definition of distilled spirits (Section 23005).
12 DISTILLED SPIRITS IMPORTER - This license is only issued to a licensee who has another type of
non-retail distilled spirits license. This license has no sale privileges. It only permits the holder to import
and export alcoholic beverages, and to transfer the beverages to him/her under another license (Section
23374).
13 DISTILLED SPIRITS IMPORTER'S GENERAL - This type of license is one most frequently issued to
agents for out-of-state rectifiers, distilleries, or nation-wide import companies. Such agents differ greatly
from true brokers as is shown in the functions they perform. This license should also be held by companies
representing manufacturers/suppliers where such companies have a physical marketing presence in
California. This presence may consist of a regional sales office or one person/employee working out of
his/her home while performing general missionary work. Another situation requiring the holding of this
license is where an out-of-state vendor imports distilled spirits in its own name and uses the services of a
licensed public warehouse for importation, storage and distribution of distilled spirits to authorized
licensees. A distilled spirits importer's general license authorizes the person to whom issued to become an
importer of distilled spirits and to sell distilled spirits to distilled spirits manufacturers, distilled spirits
manufacturer's agents, distilled spirits wholesalers, rectifiers and distilled spirits general importers (Section
23374.5).
14 PUBLIC WAREHOUSE - A public warehouse license is required for a warehouseman who provides
warehouse service for alcoholic beverage licensees. This is distinguished from private warehouse permits,
where a licensee has a leasehold or ownership interest and provides his/her own help at a premises other
than that where licensed. The Act defines a public warehouse as "...any place licensed for the storage of, but
not for sale of, alcohol, or alcoholic beverages, for the account of other licensees..." (Sections 23036 and
23375). A public warehouse is one of the types of premises to which imports may come to rest (Section
23661). It is also one of the types of premises from which a distilled spirits wholesaler may make deliveries
if it is in the county where he/she is licensed (Section 23355.1).
ABC-616-NR (rev. 01-11) 3
LICENSE
TYPE
DESCRIPTION
15 CUSTOMS BROKER - This type of licensee will generally be located near the dock area in seaports or at
international airports. The Customs Broker is also frequently located in port cities in building where many
foreign consulates or commercial attaches have their offices.
Special Note: This Department has taken the position that where a customs broker makes either entry or
withdrawal in his own name, is identified as the responsible person and has a possessory right, the
possibility of unlawful diversion into the internal commerce of the State exists. Under these circumstances,
we believe he/she should be subject to State control and, therefore, licensed. On the other hand, if the
customs broker is solely engaged as an agent for licensed importers and if all entries and/or withdrawal
documents disclose the licensed importer as the principal, he/she need not be licensed by this Department.
However, we strongly suggest that such persons apply for and hold Type 15 licenses to permit the flexibility
needed to handle unforeseen special circumstances requiring licensure.
"Customs broker" means every person who is authorized to act as agent or broker for a person licensed as an
importer of for a person whose place of business is without the State, in regard to the importing of alcoholic
beverages into the State in United States Internal Revenue bond or in United States Customs bond. (Section
23019). The principal function of a customs broker is handling the paperwork and paying the duty on
behalf of his principals on imported merchandise.
16 WINE BROKER - A wine broker is an independent contractor who acts as the agent in the sale of wine
products. Typically, wine broker's services are contracted by smaller wineries and wholesalers who cannot
maintain their own in-house marketing representatives. A wine broker means every person, other than a
salesman who is regularly employed by a licensee, who engages as an agent in the sale or purchase of wine
for or on behalf of another or others for a fee or commission (Section 23020).
17 BEER AND WINE WHOLESALER - The following pertains to beer and wine wholesalers generally.
This permits incidental sales to other supplier-type licensees. However, to qualify as a bona fide wholesaler,
a licensee must sell to retailers generally (Section 23779).
18 DISTILLED SPIRITS WHOLESALER - The following pertains to distilled spirits wholesalers generally.
However, specific mention will be made of certain "grandfather" privileges with regard to tied-house
situations and in regard to sales of merchandise other than alcoholic beverages. "Wholesale sale" means a
sale of distilled spirits to any licensee for the purpose of resale (Section 23027). This permits incidental
sales to other supplier-type licensees. However, to qualify as a bona fide wholesaler, a licensee must sell to
retailers generally (Section 23779, Rule 28).
19 INDUSTRIAL ALCOHOL DEALER - An industrial alcohol dealer sells alcohol for use in the trades,
professions, and industries, but not for beverage use. He/she may sell to non-licensees only if they have a
use permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Section 23022 defines an
industrial alcohol dealer as one who sells alcohol or distilled spirits in packages of more than one gallon for
use in the trades, professions, or industries, but not for beverage use. Section 23380 authorizes a dealer to
sell undenatured ethyl alcohol in packages of more than one gallon for use in the trades, professions, or
industries and not for beverage consumption. It also authorizes the importation and exportation of
undenatured ethyl alcohol. Undenatured ethyl alcohol is alcohol that is fit for beverage purposes as
differentiated from denature alcohol which is not fit for beverage purposes.
22 WINE BLENDER - The following pertains to new wine blender's licenses issued on and after February 3,
1968. A wine blender is a person authorized to operate a bonded wine cellar pursuant to a Federal Basic
Permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB) who does not have facilities or
equipment for the conversion of fruit into wine and does not engage in the production of wine (Section
23013.5). Wine must be made from the fermentation of agricultural products to which may be added brandy
which is distilled from the same agricultural product from which the wine is made. No other type of
distilled spirits may be used to fortify wine. No more than 15% added flavoring or blending material may
be added (Section 23007). A wine blender is not required to engage in blending, processing, or bottling
wine. He/she may elect to operate only a warehouse facility for the storage of non-tax paid ("in-bond")
wine. This activity requires a Bonded Wine Cellar permit from TTB in addition to the wine blender license
(Section 23770). Normally, the application fee for a wine blender license varies according to the total wine
gallonage blended; however, an applicant who intends to operate only a bonded warehouse should pay the
minimum fee.
ABC-616-NR (rev. 01-11) 4
LICENSE
TYPE
DESCRIPTION
23 SMALL BEER MANUFACTURER - (Less than 60,000 barrels per year) The privileges and limitations
for this type of license are the same as for other beer manufacturers . The only difference is the license fees.
(See also Type 1 - Beer Manufacturer.) This license formerly related only to Steam beer. "Steam" beer is
made by fermentation at cellar temperature rather than near freezing as is the case with other beers. It is
made using only one type of malt--malted barley. It contains no corn, rice or other cereal grains as regular
beers normally do. The method of carbonation is entirely natural and involves a process known as
Krausening. This process requires taking beer which has been completely fermented and adding to it beer
which is still fermenting. This causes a second fermentation to occur. The Krausening process in beer
corresponds closely to the "bulk process" in making some types of sparkling wines. The most common
users of this license are operators of micro-breweries and brewpubs. These designations are not to be
construed as legal definitions. Their use below is only for descriptive purposes.
"Micro-brewery": A small-scale brewery operation that generally produces approximately 15,000
barrels a year. Its beer products are primarily intended for local and/or regional consumption.
Typically, these operations are solely dedicated to the production of specialty beers, although some do
have a restaurant or pub on their manufacturing plant.
"Brewpub": Typically, a very small brewery with a restaurant where the beer it produces is sold in draft
form exclusively at its own premises. This operation often sells other supplier's bottled beer, including
other hand-crafted or micro-brewed beers as well as wine to patrons for consumption on its premises.
See "Special Note" below.
Special Note: A brewpub-restaurant (Type 75) license, authorized under Section 23396.3, has a limited
brewing privilege and may sometimes be referred to as "brewpub." However, the Type 75 is an on-sale
retail license with significant differences/limitations in license privileges from those of a true "beer
manufacturer" (either Type 01 or Type 23).
24 DISTILLED SPIRITS RECTIFIER'S GENERAL - A distilled spirits rectifier's general license is similar
to a rectifier's license except that a distilled spirits rectifier's general licensee may not rectify wine or sell
distilled spirits to retailers. A distilled spirits rectifier's general license authorizes the person to whom issued
to cut, blend, rectify, mix, flavor, and color distilled spirits, and whether so cut, blended, mixed, flavored, or
colored by him or any other person, to package, label, export, and sell the distilled spirits to distilled spirits
manufacturers, distilled spirits manufacturer's agents, distilled spirits wholesalers, distilled spirits general
importers, rectifiers, and distilled spirits general rectifiers (Section 23368.1).
27 CALIFORNIA WINEGROWER'S AGENT - A California winegrower's agent acts as the sole
representative for a California winegrower or brandy manufacturer (Section 23373.2). This license
authorizes the holder to possess wine and brandy produced in this State in public and private warehouses; to
sell only to wholesalers for his/her own account or to solicit and make sales of wine or brandy made in
California only to wholesalers for his/her principal, and to invoice and collect payments for orders solicited
by him/her (Section 23373). This license does not authorize the holder to represent an out-of-state
winegrower or brandy manufacturer.
29 WINE GRAPE GROWER'S STORAGE - This license was authorized by legislation in 1982 to enable
wine grape growers to more effectively deal with unpredictable market conditions that periodically caused
an oversupply of grapes. Subsequent legislation in 1985 expanded the number of licensees to whom a wine
grape grower could sell wine. A wine grape grower's storage license authorizes the holder to store bulk
wine, made from grapes produced by the holder, on the premises of a licensed winegrower and to sell that
wine, within this State to winegrowers, distilled spirits manufacturers, brandy manufacturers, wine blenders,
and vinegar producers. (Section 23358.3).
ABC-616-NR (rev. 01-11) 5
DEFINITIONS
Beer - "Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any
other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong
beer but does not include sake, known as Japanese rice wine. (Section 23006 Business and Professions Code)
Brandy - "Brandy" means a liquor which is obtained from the distillation of wine or a fermented mash of fruit. (London, R., &
London, A. [1953]. In Cocktails and snacks [pp. 11-20], Cleveland, OH: World Pub. Co.)
Wine - "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural
products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of
wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine
products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material
and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine.
. . . (Section 23007 Business and Professions Code)
Distilled Spirits - (Section 23005) "Distilled spirits" means an alcoholic beverage obtained by the distillation of fermented
agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and
mixtures thereof. (Section 23005 Business and Professions Code)
Importer - "Importer" means:
(a) Any consignee of alcoholic beverages brought into the State from without this State, when the alcoholic beverages are for delivery
or use within this State.
(b) Any person, except a public warehouse licensed under this division, to whom delivery is first made in this State of alcoholic
beverages brought into this State from without this State for delivery or use within this State.
(c) Any person, licensed as an importer, selling alcoholic beverages to nonlicensees within an area over which the United States
Government exercises jurisdiction, when delivery of the alcoholic beverages is made to the nonlicensees by a common carrier
transporting the alcoholic beverages from a point outside this State.
(d) Any person bringing alcoholic beverages into this State from without this State which are not consigned to any person and which
are for delivery or use within this State.
A person licensed as a customs broker who is acting as an agent for a licensed importer or for another person whose place of business
is without the State shall not be deemed to be the importer of alcoholic beverages consigned in United States internal revenue bond or
in United States customs bond to the licensed customs broker. (Section 23017 Business and Professions Code)
Wholesale Sale - "Wholesale sale" or "sale at wholesale" means a sale to any licensee for purposes of resale. (Section 23027
Business and Professions Code)
INDUSTRY ADVISORY
The Craft Distillers Act of 2015
Effective January 1, 2016, the Department may issue a new Craft Distiller’s license to qualified
businesses. AB 1295 (Levine) amends Sections 23363.1, 23508, 23771 and 23772, and adds
Article 6 (“Craft Distiller’s Licenses”; Sections 23500, 23501, 23502, 23504, 23506 and 23508) to
the Business and Professions Code.
This new license will be designated a Type-74 by the Department. In addition to creating the
Craft Distiller’s license, which provides for a number of expanded license privileges and tied-
house exceptions, the new law also amends several provisions of the ABC Act that apply to both
holders of Craft Distiller’s and Distilled Spirits Manufacturers (Type-04) licenses. This Advisory
summarizes the key provisions of the new and amended laws.
(Note: This is intended to be a summary only. Licensees are cautioned to review the new and
amended provisions in their entirety for a complete understanding of the privileges and
restrictions of this new license.)
1. A Craft Distiller’s license may be issued to a person who has facilities and equipment for
the purpose of, and is engaged in, the commercial manufacture of distilled spirits.
2. The Craft Distiller’s license authorizes the licensee to, among other things:
a. Manufacturer up to 100,000 gallons of distilled spirits per fiscal year (July 1
through June 30). “Gallon” is defined in Section 23031 as “that liquid measure
containing 231 cubic inches.” For clarification, the amount to be reported is the
actual liquid volume manufactured not proof gallons. The point in the
production process at which the measurement of gallons occurs is the volume of
distilled spirits (excluding waste product) drawn off the still. The calculation of
the 100,000 gallon limit excludes brandy that the craft distiller manufactures or
has manufactured for them under a brandy manufacturer license.
b. Package, rectify, mix, flavor, color, label, and export only those distilled spirits
manufactured by the licensee.
i. This means that if a distiller packages, rectifies, mixes, flavors, colors,
labels, or exports distilled spirits manufactured by any other person
(distilled spirits manufacturer, craft distiller, or rectifier) they may not
hold a Craft Distiller’s license.
ii. In consulting with the sponsors of AB 1295, the Department has
determined that this provision is not intended to preclude the use of
grain neutral spirits manufactured by another distiller in the manufacture
of distilled spirits by a craft distiller licensee. This requires the actual re-
distillation of grain neutral spirits.
iii. Because the Craft Distiller’s license specifically prohibits the rectification,
etc., of distilled spirits manufactured or produced by any other person,
any person holding a rectifier’s license (Type-07 or Type-24) is not eligible
to hold a Craft Distiller’s license and will be required to cancel the
rectifier license upon issuance of the Craft Distiller’s license.
c. Only sell distilled spirits that are manufactured and packaged by the licensee
solely to a wholesaler, manufacturer, winegrowers, manufacturer’s agent, or
rectifier that holds a license authorizing the sale of distilled spirits or to persons
that take delivery of those distilled spirits within this state for delivery or use
without the state.
d. Sell up to the equivalent of 2.25 liters (in any combination of prepackaged
containers) per day per consumer of distilled spirits manufactured by the
licensee at its premises to a consumer attending an instructional tasting
conducted by the licensee on its licensed premises pursuant to subdivision (c) of
Section 23363.1 (detailed below).
e. Hold the ownership of any interest in up to two (2) on-sale licenses. Such on-sale
licenses shall be issued pursuant to all of the normal requirements that apply to
on-sale licenses. In addition, this tied-house exception is subject to the following
limitations:
i. Except for distilled spirits produced or bottled by, or produced and
packaged for, the craft distiller that holds the interest in the on-sale
license, the on-sale licensee shall purchase all alcoholic beverages sold
and served only from California wholesale licensees. In addition to
distilled spirits, this restriction also applies to wine and beer that may
otherwise be sold directly to retailers by the winegrower or brewer.
ii. The number of distilled spirits items by brand offered for sale by the on-
sale licensee that are manufactured, produced, bottled, processed,
imported, or sold by the craft distiller shall not exceed 15 percent (15%)
of the total distilled spirits items by brand listed and offered for sale by
the on-sale licensee.
f. May sell all beers, wines, brandies, or distilled spirits to consumers for
consumption on the premises in a bona fide eating place as defined in Section
23038, which is located on the licensed premises or on premises owned by the
licensee that are contiguous to the licensed premises and which is operated by
and for the licensee, provided that any alcoholic beverages not manufactured or
produced by the licensee must be purchased from a licensed wholesaler.
Because this is a privilege of the Craft Distiller’s license, a separate license is not
required for the operation of this bona fide eating place. However, the licensee
must comply with all state and local requirements pertaining to the operation of
such a facility. In addition, if not already included as part of the original licensure
of the premises, the licensee is required to notify the Department and obtain
consent for such changes to the physical arrangements or usage of the premises
(Rule 64.2(b)).
g. May have upon its licensed premises all beers, wines, and distilled spirits,
regardless of source, for sale or service only to guests during private events or
private functions not open to the general public. All alcoholic beverages sold at
the premises that are not manufactured or produced and bottled by, or
manufactured or produced and packaged for, the licensed craft distiller shall be
purchased only from a licensed wholesaler. “Private events” and “private
functions” do not include events, activities, or functions for which anyone (the
general public) can purchase or obtain tickets, or otherwise gain entry. For
example, the Department would not consider a cocktail-making class that
anyone could attend to be a “private event or private function”.
3. A Craft Distiller’s license may not be issued to any person, any officer, director,
employee, or agent of such person, or any person who is affiliated with, directly or
indirectly, a person that manufactures or has manufactured for them more than
100,000 gallons of distilled spirits per year within or without the state, excluding brandy
it manufactures or has manufactured for them pursuant to a brandy manufacturer
license, or to any person that is affiliated with, directly or indirectly, a wholesaler.
4. The original license fee and annual renewal fee for the Craft Distiller’s license shall be
consistent with such fees established for the distilled spirits manufacturer’s license
(Type-04).
5. At the time of annual license renewal, licensed Craft Distillers shall report to the
Department the amount of distilled spirits (excluding brandy produced by or for the
licensee pursuant to a brandy manufacturer license) produced during the previous fiscal
year. This will be done on form that will be provided by the Department. If the licensee
no longer qualifies to hold a Craft Distiller’s license the Department shall automatically
renew the license as a distilled spirits manufacturer’s license (Type-04).
6. In the event that a licensee holding a Craft Distiller’s license no longer qualifies as a craft
distiller they may continue to hold the interests in up to two (2) on-sale licenses
authorized by Section 23506 as long as the interests was first obtained at a time when
the licensee did hold a Craft Distiller’s license. Any bona fide eating place operated at
the Craft Distiller’s licensed premises that is not separately licensed with an on-sale
license is not currently included in this “grandfather” provision.
7. Because the Craft Distiller’s license is a new license, anyone wishing to obtain this
license, including existing holders of distilled spirits manufacturer’s licenses, must apply
with the Department and meet regular licensing requirements.
8. Section 23363.1, related to tastings of distilled spirits at the premises of production for
both Type-04 (distilled spirits manufacturer) and Type-74 (Craft Distiller’s) licensees has
also been amended. This section now allows for a total of one and one-half ounces
(previously no more than six one-quarter ounce tastes) of distilled spirits per individual
per day to be provided as tastes. In addition, the restriction that tastes of distilled spirits
may not be served by way of cocktail or mixed drink has now been removed.
Attachment 2
(Alcohol Beverage Control Correspondence)
From: Porter, Joshua@ABC [mailto:joshua.porter@abc.ca.gov]
Sent: Wednesday, October 25, 2017 10:27 AM
To: Jacqui Kitchen <jkitchen@bakersfieldcity.us>
Subject: RE: Microbreweries & Distilleries
Good morning Jacqui,
I have answered your questions below and attached documentation regarding the sections of law I
reference.
(1) What is the appropriate “small” threshold for distilleries? The 465,000 gallons referenced below is a
simple conversion of 15,000 barrels for beer; however, distilled spirits are different than beer – so I
am hoping ABC has a more appropriate threshold, perhaps related to the “craft distiller” license?
Business and Professions Code Section 23502 allows for a Craft Distiller to produce up to 100,000
gallons of distilled spirits per fiscal year. Additional information regarding this license type is
attached. In regards to a threshold for our department, we will follow what is stated in the Business
and Professions Code regarding a Beer Manufacture and a microbrewery. Imposing additional
restrictions and/or limitations, in addition to the B&P Code, would not be something that we would
regulate and/or enforce.
(2) Does ABC have any information/regulations related to Odor control for these industries?
We do not have any information and/or regulations regarding odor control. I have reached out to my
colleagues regarding this question and no negative information was received from other district
offices regarding this issue. One issue that was brought to my attention was an increase in
rodents/varmints (rats) due to the grains that are used for production. Negative information
surrounding this issue was minimal and can be significantly minimized by operational procedures and
sanitary practices put in place by the owner/operator.
(3) Does ABC have any special restrictions regarding the location of distilleries, or can these be treated
the same as breweries? There are some process differences; and we want to make sure there are not
any specific concerns related to placement of “small” distilleries in urbanized areas.
We do not have any special restrictions regarding the location of distilleries, and they can be treated
the same as breweries regarding zoning approval. A topic that I discussed with a colleague,
specifically regarding microbreweries, is approving their applied for production facility in a
“commercial” area, then allowing them to obtain a duplicate license in a “mixed use” area. No
production is allowed at the duplicate location, but it has the same privileges regarding sales, service,
and consumption, and would eliminate production concerns in a mixed use area. This would require
the operator to have two licensed locations and may not be feasible for the applicants in our area, just
something to take into consideration. This would only apply to microbreweries, Craft distillers do not
have the option to obtain a duplicate license.
California Code, Business and Professions Code - BPC § 23502
(a) The department may issue a craft distiller's license to a person that has facilities and equipment for
the purposes of, and is engaged in, the commercial manufacture of distilled spirits. The craft
distiller's license authorizes the licensee to do all of the following:
(1) Manufacture distilled spirits. For purposes of this article, “manufacture” means the actual
distillation of distilled spirits from naturally fermented materials or the redistillation of distilled
spirits obtained from another manufacturer of distilled spirits.
(2) Produce distilled spirits. For purposes of this article, “produce” means to mix, color, flavor, or
blend distilled spirits, whether manufactured by the licensee or by another manufacturer of
distilled spirits.
(3) Only sell distilled spirits that are manufactured or produced by the licensee solely to a wholesaler,
manufacturer, winegrower, manufacturer's agent, or rectifier that holds a license authorizing the
sale of distilled spirits or to persons that take delivery of those distilled spirits within this state for
delivery or use without the state.
(4) Deal in warehouse receipts.
(5) Manufacture or produce up to 100,000 gallons of distilled spirits per fiscal year (July 1 through
June 30), excluding brandy the craft distiller manufactures or has manufactured for them pursuant
to a brandy manufacturer license, as reported to the department in the manner prescribed by the
department for the fiscal year prior to the date of submitting an application for the license. At
least 65 percent of the total volume of distilled spirits manufactured or produced shall be actually
manufactured by the licensee. The volume of distilled spirits authorized by this paragraph shall
be calculated by adding the volume of distilled spirits, less waste, drawn off the still with the
volume of distilled spirits obtained by the licensee from any other source that is not redistilled by
the licensee. For purposes of this paragraph, “volume” means the liquid volume and shall not be
based on proof gallons or packaged goods.
(b) A craft distiller's license shall not be issued to any person, any officer, director, employee, or agent of
such person, or any person who is affiliated with, directly or indirectly, a person that manufactures or
has manufactured for them more than 100,000 gallons of distilled spirits per year within or without
the state, excluding brandy it manufactures or has manufactured for them pursuant to a brandy
manufacturer license, or to any person that is affiliated with, directly or indirectly, a wholesaler.
(c)(1) The fee for an original craft distiller's license issued pursuant to this section shall be consistent
with the distilled spirits manufacturer's license and shall be adjusted pursuant to subdivisions (b)
and (c) of Section 23320 .
(2) The annual license fee for a craft distiller's license shall be consistent with the distilled spirits
manufacturer's license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320
.
(3) All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage
Control Fund as provided in Section 25761 .
(d) A licensed craft distiller shall report to the department, at the time of renewal in the manner
prescribed by the department, the amount of distilled spirits manufactured or produced by the licensee
specifying, as applicable, the respective amounts of distilled spirits the licensed craft distiller has
manufactured itself, obtained from another manufacturer of distilled spirits, and imported, excluding
brandy manufactured by or for the licensee pursuant to a brandy manufacturer license, during the
previous fiscal year. If the report to the department establishes that the licensee no longer qualifies to
hold a craft distiller's license because the licensee has either exceeded the 100,000 gallon manufacture
or production limitation as specified in paragraph (5) of subdivision (a) or actually manufactured less
than 65 percent of the total volume of distilled spirits as specified in paragraph (5) of subdivision (a),
the department shall renew the license as a distilled spirits manufacturer's license.
California Code, Business and Professions Code - BPC § 23504
Notwithstanding any other provision, a licensed craft distiller may sell up to the equivalent of 2.25 liters
in any combination of prepackaged containers per day per consumer of distilled spirits manufactured or
produced by the licensee at its premises to a consumer attending an instructional tasting conducted by the
licensee on its licensed premises pursuant to subdivision (c) of Section 23363.1 .
California Code, Business and Professions Code - BPC § 23508
(a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled
spirits, regardless of source, for sale or service only to guests during private events or private
functions not open to the general public. Alcoholic beverage products sold at the premises that are
not manufactured or produced and bottled by, or manufactured or produced and packaged for, the
licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed
wholesaler.
(b) A licensed craft distiller may sell all beers, wines, brandies, or distilled spirits to consumers for
consumption on the premises in a bona fide eating place as defined in Section 23038, which is located
on the licensed premises or on premises owned by the licensee that are contiguous licensed premises
and which is operated by and for the licensee, provided that any alcoholic beverage products not
manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer,
wine, and brandy may be used in the preparation of food and beverages in the bona fide public eating
place for consumption on the premises.
(c) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies
as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502 , the
licensee may continue to hold the privileges granted by this section.
Attachment 3
(San Joaquin Valley Air Pollution Control District Correspondence)
From: Brian Clements [mailto:Brian.Clements@valleyair.org]
Sent: Wednesday, October 25, 2017 4:38 PM
To: Jacqui Kitchen <jkitchen@bakersfieldcity.us>
Cc: Paul Johnson <pjohnson@bakersfieldcity.us>; Arnaud Marjollet <Arnaud.Marjollet@valleyair.org>;
Patia Siong <Patia.Siong@valleyair.org>; Mark Montelongo <Mark.Montelongo@valleyair.org>; Sharla
Yang <Sharla.Yang@valleyair.org>
Subject: RE: Breweries & Distilleries
Hi Jacqui,
Thanks again for your questions regarding commercial micro-breweries and distilleries. The District’s
response is as follows:
Air Quality:
Micro-brewery/distillery operations are not currently subject to District permitting requirements. So at
this time, the District does not require permits nor has established air quality regulations for micro-
brewery operations. However, construction or expansion of these type of commercial operations is
subject to the District’s Indirect Source Review (ISR) program. Under Rule 9510 (ISR), the developer of
a project subject to the rule is required to submit an ISR application to the District prior to receiving final
discretionary approval from the land use agency. For Commercial development projects (offering goods
and services for sale), the ISR applicability threshold is 2,000 square feet.
Odors:
The District has adopted screening levels for potential odor sources, which are discussed in more detail in
the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) (available
at http://www.valleyair.org/transportation/GAMAQI_3-19-15.pdf). The GAMAQI is a guidance
document available to land use agencies, consultants, and project proponents to assist them in addressing
the air quality impacts under the California Environmental Quality Act (CEQA). The District’s Screening
Levels for Potential Odor Sources can be used as a screening tool to qualitatively assess a project’s
potential to adversely affect area receptors. Per the District’s experience, micro-breweries that are
properly designed and operated are not expected to create a nuisance for the local residents from odors.
If you have any additional questions or concerns, please feel free to call or e-mail me.
Thank you,
Brian Clements
Technical Services Program Manager
San Joaquin Valley Air Pollution Control District
559-230-5921 (office)
www.valleyair.org
Attachment 4
(Microbrew Research)
Page 1
B A K E R S F I E L D
Community Development Department
Jacquelyn R. Kitchen, Community Development Director
MEMORANDUM
DATE: October 17, 2017
TO: PAUL JOHNSON, PRINCIPAL PLANNER
FROM: WHITNEY JACKSON, ASSOCIATE PLANNER
SUBJECT: Microbrewery Research & Recommendations in Downtown Bakersfield (Ward 2)
Operational Considerations
1. Quantity + Restaurant/Tasting room Required on-site to limit full scale brewing industrial zones
This creates a space for more brewpubs (which require a restaurant by definition), microbreweries (limited to
less than 15,000 barrels per year), and contract brewing companies (hire another brewery to produce beer).
This will eliminate regional craft breweries in the downtown area, as these larger scale operations produce over
15,000 barrels per year. The United States manufacturing license barrel cap laws vary by state. The beer
manufacturer licenses in California are set at the threshold of 60,000 barrels per year. Although this number by
the state is the cap, the Brewer’s Association (comprised of 50,000 brewers/members) defines microbreweries
as breweries producing less than 15,000 barrels per year, based on the industry market segments. Due to
space considerations, systems much larger than 15,000 barrels per year production would most likely need
more space than is available in the downtown area.
The City of Stockton, California allows craft breweries to be exempt from zoning location restrictions as long as
it has a restaurant in conjunction with the brewery. The City of Modesto and the City of Visalia allow breweries
(under 15,000 barrels per year) in the downtown core district. Similarly, the City of Long Beach and the City of
Lodi both allow breweries (under 15,000 barrels per year) in commercial districts.
Due to the definition of a microbrewery limited to 15,000 barrels per year and for their license to be such; this
is probably an appropriate parameter for the downtown location for control of size. This also keeps regional
craft breweries from dominating this new market.
Recommendation: “Micro” Brewery/Distillery” definition to specify production of less than 15,000 barrels per
year.
2. Setbacks Required distances from schools, parks and churches
The law says the Alcohol Beverage Control (ABC) may deny any retail license located (a) within the immediate
vicinity of churches and hospitals, or (b) within at least 600 feet of schools, public playgrounds and nonprofit
youth facilities. Generally, ABC will deny a license in the above situations when there is evidence that normal
operation of the licensed premises will be contrary to public welfare and morals. Mere proximity by itself is not
sufficient to deny the license.
Page 2
The ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish
that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by
residents. (Section 23789 and Rule 61.4)
Recommendation: “Micro” Brewery/Distillery” definition to specify no setback requirement.
3. Total Space Maximum square footage of floor area to prevent expansion 7,000-12,000 SF
Most brewpubs have a high demand for cold storage space, including storage kegs and barrels versus serving
kegs. Typically, 1,000 square feet per barrel for a brewpub running at capacity is the going rate. This breaks
down to about .5-1.5 square feet per barrels produced per year. Stacked malt storage ranges from .15-.25
square feet per barrel of yearly capacity. Of course, numerous factors will signify the exact space usage for
operations and storage, such as size and number of vessels, size and number of fermentation vessels and bright
tanks, and the number of batches planned per week. Twenty breweries around the U.S. were surveyed about
their space and the average was 2.16 square feet per barrel of annual capacity. If we divide the building square
footage by 2.16 square feet, that equals the maximum capacity of brewing per year.
In 2015, Colliers International surveyed 1,457 craft breweries in 29 markets across the U.S. that use 14.9 million
square feet for beer manufacturing space. This study shows the average brewery as 10,226 square feet, but
this number is skewed due to regional breweries, which can be as large as 40,000 square feet facilities.
Brewpubs averaged 7,732 square feet and microbreweries averaged 6,702 square feet of operational space
(See table below), averaging about 7,217 square feet per brewery.
As a suggestion of putting a maximum limitation on square footage, we may want to look into somewhere
between 7,000 and 12,000 square feet. Although one of the biggest problems with small scale breweries is
space, the successful ones are going to have to expand; it is inevitable to increase capacity. We can always do
site plan review on future brewery expansions in the downtown area for quality control. Many of the spaces
are large, but only several hundred square feet are dedicated to the public for tasting, taprooms and restaurant
space.
Recommendation: “Micro” Brewery/Distillery” definition to specify no limitation on the overall size of the
business; however, if eligible, the overall business space shall be limited to 15,000 square feet.
4. Production Space Maximum usable square footage for production and storage of beer 60%
Based on the findings above, much of a brewery’s operation is based around the need for storage space for
fermenting and processing beer. Brewpubs producing 0-5,000 barrels per year will need a space ratio of
approximately 40-45% production to capacity and microbreweries producing 5,001-15,000 barrels per year will
Page 3
need about 60% production to capacity ratio. Looking at expansion statistics of most brewpubs and
microbreweries, they need to create space for 32% and 18% growth, respectively.
Recommendation: “Micro” Brewery/Distillery” definition to specify at least 40% of the overall business space
shall be dedicated to restaurant and/or serving area.
5. Hours Define operational hours for tasting room, service trucks, manufacturing and production
The majority of brewery’s tasting rooms around California are opened from 11:00 am to 10-11:00 pm.
Brewpubs and microbreweries typically brew two batches a week and this will occur in the morning and
afternoon; many brewers work around the clock, but do not prefer starting the process at odd hours in the
night. Service trucks should not be that much of an issue for small scale breweries. On many of the brewing
forums, brewers distributing less than 3,000 barrels per year are doing so in cargo vans, heavy duty pick-up
trucks or light commercial vehicles. The distribution consists of kegs and bottles for many start-ups, thus, not
requiring large semi-trailer trucks to transport goods. When deliveries occur, it should be proposed during
standard working hours.
Recommendation: “Micro” Brewery/Distillery” definition to specify brewery operational hours of 11:00 a.m.
and 11:00 p.m.; pick-ups, loading and delivery hours shall be between standard business hours of 8:00 a.m. and
6:00 p.m.
6. Retail Sales Limit to alcoholic beverages manufactured on site
Some brewpubs and microbreweries sell limited edition or special /unique blends from other breweries to
complement their own selection. If the breweries are offering growlers to be purchase and filled, this could be
disadvantageous for the brewery. Conversely, this may stimulate more of a local or “home grown” only focus
as an opportunistic brand for the brewery.
Recommendation: “Micro” Brewery/Distillery” definition to specify that products manufactured on-site may be
sold for on and off-site consumption.
7. Wastewater Discharge & Sewage Plan Sewage plan and infrastructure approved by Public Works
Department
Possible limitations for wastewater discharge can focus on settleable solids, pH levels and temperature. In King
County, Washington, they have implemented a limit of 7 mL per liter of solids capable of settling food waste
and must be capable of passing through a quarter of an inch sieve. The desirable pH of the wastewater must
remain between 5.0 and 12.0 because anything too acidic or alkaline will corrode the current sewer system.
Temperature is also important because wastewater that exceeds 65°C (150°F) at the point it enters the public
sewer system or 40°C (104°F) at the treatment plant influent will also damage the system. This will vary from
every county, best determined by the Public Works department.
Recommendation: “Micro” Brewery/Distillery” definition to specify that a Sewage Plan addressing wastewater
discharge must be submitted and approved by the Public Works Department.
Compatibility Considerations
1. Odor and Filtration Devices CM Freeman had some concerns about some of the odors related to brewing
process. The smell for small brewpubs is similar to that of local bakeries, as the steam from the “cooking” of
the beer carries some “bakery-type” bready odors during mashing and floral “hop” aromas during the boiling of
the beer. Larger systems of microbreweries employ an energy recovery heat exchanger to capture the steam
from the kettles and use it to heat hot water. Therefore, there are no odors emanating from these larger
Page 4
systems. It is argued that there should be no restrictions on distance from residential use due to the
aforementioned odors. While these smells are subjective, and there are many variants including environment
and equipment set up, there are ways to mitigation measures breweries could practice. To eliminate brew
kettle and fermentation odors:
o Stack scrubbers;
o Condensation devices; condensing vapor stack for the boil
o Ozone generator for wash down
o Brewing at odd hours of the day
o Natural enzyme products to kill bacteria
o Use of Mechanical air filtration systems vs. natural ventilation adjacent to residential
Recommendation: “Micro” Brewery/Distillery” definition to require use of a Mechanical Filtration system and
adherence to “best practices” for odor reduction.
2. Traffic This should not be a big concern, as most small brewpubs and microbreweries will not have big
delivery trucks on site daily. Most people who frequent breweries will be using car services (Uber or Lyft) or
public transit and if they are driving, there are parking structures downtown and walking streets for access from
there.
Recommendation: N/A, addressed by Hours of Operation.
3. Noise The manufacturing of beer does not make any loud noises. The noise inside of the brewpubs and
microbreweries would be comparable to that of a restaurant or bar and contained inside the facility.
Recommendation: N/A, addressed by Hours of Operation.
4. Water Usage The standard ratio of making beer ranges between three and seven to one. According to
Bart Wilson, chief economist of the Brewers Association, for every one barrel of beer produced, three to seven
barrels of water will be used. There are thirty-one and a half gallons in a fluid barrel. Many of the larger scale
companies have partnerships with their farmers as water conservation measures. The water gets recycled
within the beer pasteurization process and the farmers use the water to grow wheat and barley. Water is the
main ingredient and beer and breweries have a large water footprint, making these partnerships crucial,
especially since California is susceptible to draught.
Recommendation: “Micro” Brewery/Distillery” definition to specify limitations of 105,000 gallons of maximum
water usage per year (7 x 15,000 barrels annually) or build sustainability plan to recycle water if exceeds
maximum.
Attachment 5
(Draft Ordinance)
Page 1 of 9 Pages
ORDINANCE NO.________________
AN ORDINANCE ADDING SECTIONS 17.04.077 AND
17.04.078 AND AMENDING SECTIONS 17.24.040;
17.25.020; 17.26.020; 17.28.020; 17.28030; AND
17.30.020 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ZONING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Sections 17.04.077 and 17.04.078 of the Bakersfield Municipal Code are
hereby enacted to read as follows:
Chapter 17.04 Definitions
17.04.077 Brewery or Distillery, Large
“Brewery or distillery, large” means the manufacturing of more than 15,000
barrels per year of beer, ale, malt beverages, or more than 100,000 gallons of
distilled spirits; not including wine. Operations shall continuously comply with
the following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield
Public Works Department.
2. Maintain a valid California Department of Alcohol and Beverage
Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution
Control District, if applicable; and adhere to industry best practices for
odor reduction.
17.04.078 Brewery or Distillery, Small
“Brewery or distillery, small” means the manufacturing of 15,000 barrels, or
less, per year of beer, ale, malt beverages, or 100,000 gallons, or less, of distilled
spirits; not including wine. Operations shall continuously comply with the
following Operational Standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield
Public Works Department.
Page 2 of 9 Pages
2. Maintain a valid California Department of Alcohol and Beverage
Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution
Control District, if applicable; and adhere to industry best practices for
odor reduction, to include a mechanical filtration system.
4. Include and continuously operate a bona-fide food service/restaurant
component, on-site.
SECTION 2.
Sections 17.24.040; 17.25.020; 17.26.020; 17.28.020; 17.28.030; and 17.30.020
of the Bakersfield Municipal Code are hereby amended to read as follows:
17.24.040 Uses Permitted Only By Conditional Use Permit
While any use may be permitted by conditional use permit pursuant to
Subsection B of Section 17.64.020, the following uses are not permitted in the C-2
zone except by conditional use permit issued in accordance with the
procedures provided in Chapter 17.64 of this title:
A. Any use listed in the Uses Permitted section in the R-1, R-2, R-3 and R-4
zones.
B. Any of the following uses:
1. Amusement parks, including miniature golf, water parks, batting
cages and miniature car tracks.
2. Automobile body and fender repair and painting.
3. Automobile machine shops.
4. Bars, cocktail lounges or other establishments selling alcoholic
beverages for on-site consumption where said use is the primary
business.
5. Boat and recreational vehicle dealership, new and used.
6. Brewery or distillery, small.
6 7. Bus, train and other transit stations.
7 8. Food and/or shelter service agencies as defined in Section
17.04.285.
8 9. Golf driving ranges.
910. Kennels.
1011. Mobile home or travel trailer park.
1112. Mobile home sales, new and used.
1213. Pest control services.
Page 3 of 9 Pages
1314. Recycling collection center not in conjunction with a retail
center required by state law to provide collection services for
recyclables.
1415. Scientific research and testing services.
1516. Swap meets, flea markets and auction yards.
1617. Tool, equipment and utility trailer rental establishments.
1718. Warehouses.
17.25.020 Uses Permitted
A. Any use listed in the uses permitted section in the C-O, C-1 and C-2
zones:
B. Any of the following uses:
1. Brewery or distillery, small,
1 2. Bus, train and other transit station, provided that transit vehicles
are not stored on-site and no repair work or servicing of transit
vehicles is conducted on-site,
2 3. News/magazine stand,
3 4. Nightclub, bar, cocktail lounge or other establishment selling
alcoholic beverages for on-site consumption where such use,
including entertainment, is the primary business,
4 5. Parking garage or surface lot,
5 6. Police, fire and other emergency service alarm centers,
6 7. Post office and other courier or parcel delivery service,
7 8. Sidewalk use, including but not limited to outdoor seating,
subject to issuance of an encroachment permit;
C. Residential uses provided they are located in the second story or
above;
D. Mixed combinations of uses allowed in subsections A and B above are
permitted;
E. Accessory buildings, structures and uses necessary to support the
principal use located on the same lot or parcel of land.
17.26.020 Uses Permitted
The following uses are permitted in a C-C zone:
A. Any use listed in the Uses Permitted section in the C-O, C-1 and C-2
zones.
B. Any of the following uses:
Page 4 of 9 Pages
1. Apartment hotel, roominghouse, single room occupancy.
2. Brewery or distillery, small.
2 3. Bus, train and other transit station, provided that transit vehicles
are not stored on-site and no repair work or servicing of transit
vehicles is conducted on-site.
3 4. Parking garage or surface lot.
4 5. Police, fire and other emergency service alarm centers.
5 6. Post office and other courier or parcel delivery service.
6 7. Sidewalk use, including but not limited to outdoor seating,
subject to issuance of an encroachment permit.
7 8. Multiple family dwelling.
8 9. Single family dwelling provided it is attached to and accessory
to a commercial use.
C. Mixed combinations of uses allowed in subsections A and B above are
permitted.
D. Accessory buildings, structures or uses necessary to support the
principal use located on the same lot or parcel of land.
17.28.020 Uses Permitted
The following uses are permitted in a M-1 zone:
A. Any use permitted in the C-O, C-1 and C-2 zones; provided however,
that no building shall be used as a dwelling except accessory buildings
which are incidental to the permitted use of the land, and that no
building shall have a dwelling unit except when such use as a dwelling
unit is incidental to the primary use of the building.
B. Any use specified below, provided such use does not produce, cause
or emit any fumes, odor, dust, smoke, gas, noise or vibration
detrimentally impacting neighboring properties and the occupants
thereof. Where adopted City or other public agency standards are
applicable and available to measure such impacts, such standards
shall be used to determine whether a use constitutes or will constitute
such a detrimental impact.
1. Animal hospitals, kennels and veterinaries.
2. Automobile and light truck, two-axle vehicles, parking and
storage.
3. Automobile assembling, body and fender works, painting,
upholstering, dismantling and used parts storage, when
operated or maintained wholly within a building.
4. Bakeries.
5. Boatbuildings.
Page 5 of 9 Pages
6. Bottling plant.
7. Brewery or distillery, small.
7 8. Building materials storage yards.
8 9. Cabinet or carpenter shop.
910. Carpet, awning, blinds, mattress or upholstery shops, including
cleaning and repair.
1011. Concrete batch plants, portable, not to exceed 2-yard
capacity.
1112. Contractor's plants and storage yards.
1213. Distributing plants.
13 14. Electric welding and electroplating.
14 15. Frozen food lockers.
15 16. Furniture and automobile upholstering operations not confined
wholly to a building.
16 17. Ice and cold storage plants.
17 18. Laboratories, experimental research and testing.
18 19. Laundries, cleaning and dyeing plants.
19 20. Lumberyards.
20 21. Machine shops (except punch presses of over 20 tons rated
capacity, drop hammers and automatic screw machines).
21 22. Paint mixing plants (not employing a boiling process).
22 23. Public utilities service yards, power plants or distributing stations.
23 24. Rubber fabrication or products made from finished rubber.
24 25. Sheet metal shops.
25 26. Stone monument works.
26 27. Storage spaces for transit and transportation equipment.
27 28. Tool rental and equipment.
28 29. Truck repairing and overhauling shops.
29 30. Welding, metal fabricating and blacksmith shops.
30 31. Wholesale businesses, storage buildings and warehouses.
31 32. Manufacturer of:
a. Arts and crafts
b. Billboards and advertising structures, electric neon signs
c. Ceramic products
d. Clothing or garments
e. Cosmetics, perfumes and toiletries, drugs and
pharmaceuticals
f. Electronic instruments and devices, radios, televisions,
phonographs and business machines
g. Food products (except the rendering or refining of fats or
oils)
h. Furniture
i. Musical instruments and toys
j. Prefabricated buildings
k. Shoes
Page 6 of 9 Pages
l. Soap (cold mix only)
m. Textiles.
Manufacture, compounding, assembling or treatment of articles
or merchandise from the following previously prepared materials:
bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur,
glass, hair, horn, leather, paper, plastics, precious or
semiprecious metals or stones, shell, textiles, tobacco, wood,
yarns and paint, not employing a boiling process.
32 33. Adult entertainment establishments as defined in Section
17.69.020 and subject to the regulations of Chapter 17.69.
C. The accessory buildings or structures necessary to such use located on
the same lot or parcel of land.
D. The Bakersfield Airpark provides an expanded airport/aircraft landing
field for recreation, agricultural and commercial/industrial uses.
Therefore, in addition to the uses allowed in this section, the following
additional uses are permitted within the Bakersfield Airpark property:
1. Agricultural crop dusting services and related chemical storage.
2. Aircraft rental.
3. Aircraft repair and maintenance.
4. Aircraft runways and landing fields.
5. Aviation related businesses.
6. Aviation fuel sales.
7. Aviation related manufacturing.
8. Flight training schools.
9. Freight and package delivery services.
10. Hangers and aircraft tie-downs.
17.28.030 Uses Permitted Only By Conditional Use Permit
While any use may be permitted by conditional use permit pursuant to
Subsection B of Section 17.64.020, the following uses are not permitted in the M-1
zone except by conditional use permit issued in accordance with the
procedures provided in Chapter 17.64 of this title:
A. Agricultural packing plants.
B. Aircraft and automobile factories.
C. Automobile parts manufacturer.
D. Battery manufacturer.
E. Breweries and or distilleries, large.
F. Clinics, hospitals, sanitariums or other buildings for contagious, mental,
drug or liquor addiction cases.
Page 7 of 9 Pages
G. Equestrian establishments, stables, riding academies, schools or
amusements.
H. Freighting or trucking yards or terminals.
I. Livestock slaughtering and processing, wholly within a building.
J. Machine shops, including punch presses and automatic screw
machines.
K. Planing mills.
L. Residential dwellings.
M. Tire rebuilding, recapping and retreading plants.
N. Food and/or shelter service agencies as defined in Section 17.04.285.
17.30.020 Uses Permitted
The following uses are permitted in an M-2 zone:
A. Any use permitted in the M-1 zone; provided, however, that no
building shall be used as a dwelling except accessory buildings which
are incidental to the permitted use of the land, and that no building
shall have a dwelling unit except when such use as a dwelling unit is
incidental to the primary use of the building;
B. Any of the following uses:
1. Acetylene gas manufacture or storage.
2. Aircraft and automobile factories.
3. Agricultural packing plants (vegetables and fruits).
4. Alcohol and alcoholic beverages manufacture.
5. Ammonia, chlorine and bleaching powder manufacture.
6. Automobile and truck manufacture.
7. Bag cleaning.
8. Blast furnaces.
9. Boiler or tank works.
10. Breweries and or distilleries, large.
11. Brick, tile or terra cotta products manufacture.
12. Building materials manufacture.
13. Carpet and rug manufacture.
14. Cement and lime manufacturing when the manufacturing plant
is equipped capable of collecting at least 97% of all particulate
matter from kiln gases.
15. Clay product manufacture.
16. Coke ovens.
17. Cotton gins or oil mills.
18. Crematories.
19. Creosote treatment or manufacture.
20. Disinfectant manufacture.
21. Distillation of coal, wood or tar.
Page 8 of 9 Pages
22. Dyestuffs manufacture.
23. Exterminator or insect poison manufacture.
24. Feed, flour and grains mills.
25. Firearms manufacture.
26. Forge plants.
27. Freighting and trucking yards and terminals.
28. Freight classification yards.
29. Glass and glass product manufacture.
30. Grain elevator.
31. Iron, steel, brass or copper foundries or fabrication plants, and
heavy weight casting.
32. Lamp black manufacture.
33. Linoleum or oiled products manufacture.
34. Machine shops including punch presses and automatic screw
machines.
35. Ore reduction.
36. Paint, oil, shellac, turpentine or varnish manufacture.
37. Paper or pulp manufacture.
38. Petroleum refining and reclaiming plants.
39. Planing mills.
40. Plastic manufacture.
41. Potash works.
42. Railroad roundhouses and repair shops.
43. Rolling mills.
44. Rubber processing and manufacture.
45. Sawmills.
46. Soap manufacture.
47. Sodium compounds manufacture.
48. Starch manufacture.
49. Tar roofing or waterproofing or other tar products manufacture.
50. Automobile and truck parts manufacturer.
51. Battery manufacturer.
52. Creameries.
53. Metal container manufacturer.
54. Tire rebuilding, recapping, and retreading plants.
55. Adult entertainment establishments as defined in Section
17.69.020 and subject to the regulations of Chapter 17.69.
56. Food and/or shelter service agencies as defined in Section
17.04.285.
C. The accessory buildings or structures necessary to such use located on
the same lot or parcel of land.
Page 9 of 9 Pages
SECTION 3.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
-------oo0oo--------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
___________________________ by the following vote:
AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: _______________________________________________________________
ABSTAIN: COUNCILMEMBER: _______________________________________________________________
ABSENT: COUNCILMEMBER: _______________________________________________________________
__________________________________________
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
APPROVED:
By:____________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
RICHARD IGER
Deputy City Attorney
RI:vlg
S:\COUNCIL\Ords\17-18\17.04.077etc.Zoning.docx
Documents
Presented At The
Planning & Development
Committee
November 7, 2017
Meeting
4/11/2018
1
1
City Council Committee Meeting
Planning & Development
November 7, 2017
2
October 3, 2017
Meeting Summary
Background “micro” brewing/distilling
Brewing in Bakersfield Today:
M‐1 Zone –Conditional Use Permit
M‐2 Zone –Permitted Use
Applicable Definitions (Brewer’s Association)
Licensing and Permitting
Comparable Cities
Compatibility Considerations
Operational Standards & Permitting
4/11/2018
2
3
Additional Research
Size, Setbacks, Off‐Site Sales
Varies by jurisdiction
Address through ABC conditions
Odors
Mechanical filtration systems
required by some
SJVAPCD permits, if applicable
SJVAPCD reports no complaints
Use of Industry best practices
4
ABC License TypesType 01 ‐Beer Manufacturer (Large Brewery)
More than 60,000 barrels annually
May Consume on‐site or off‐site
Non‐Retail (Can sell to other licensed or consumers; no setbacks/ notification process)
Type 23 ‐Small Beer Manufacturer (Microbrewery Description)
Same as Type 1 except, up to 15,000 barrels annually
Typically a small brewery with restaurant; Products for local and regional consumption (Off‐site sales ok)
Type 23 ‐Small Beer Manufacturer (Brewpub Description)
Same as Type 1 except typically a small brewery with on‐site restaurant;
Products in draft form for on‐site consumption
Type 75 ‐On Sale General (Brewpub Description)
100 to 5,000 barrels annually
Sale of beer, wine, distilled spirits in a “bona fide eating place”
Retail license (Setbacks required, NO off‐site consumption or distribution, etc.)
Type 75–Craft Distiller’s License
100,000 gallons annually
Sale of beer, wine, distilled spirits in a “bona fide eating place”
NO off‐site consumption (i.e., distribution)
4/11/2018
3
5
Brewery or Distillery, Large
More than 15,000 barrels per year beer, ale, malt beverages
More than 100,000 gallons distilled spirits
Operational Standards:
Maintain an approved Wastewater Discharge Plan from PW.
Maintain a valid ABC license.
Obtain appropriate permit from SJVAPCD, if applicable; and adhere to industry
best practices for odor reduction.
Brewery or Distillery, Small
≤ 15,000 barrels per year beer, ale, malt beverages
≤ 100,000 gallons distilled spirits
Operational Standards:
Maintain an approved Wastewater Discharge Plan from PW.
Maintain a valid ABC license.
Obtain appropriate permit from SJVAPCD, if applicable; and adhere to industry
best practices for odor reduction to include a mechanical filtration system.
Continuously operate a bona‐fide food service/restaurant.
City Definitions
6
Zoning Ordinance
Brewery or Distillery,
Small 1
Brewery or Distillery,
Large 2
SectionZone Permitted
Use CUPPermitted UseCUP
17.22.040.B4 C‐1 (Neighborhood Commercial)X
17.24.040.B C‐2 (Regional Commercial)X
17.25.020.B C‐B (Central Business)X
17.26.020.B C‐C (Commercial Center)X
17.28.020.B M‐1 (Light Manufacturing)XX
17.30.020.B M‐2 (General Manufacturing)XX
1. New use will allow “micro” brewery/distillery in the Downtown area and in C‐2 zone with a CUP.
2. Currently, Breweries/Distilleries are only permitted in M‐1 and M‐2 zones.
3. This definition is not inclusive of Wineries, which are only permitted via CUP only in M‐2 zone.
4. A CUP is currently required for any alcohol sales occurring at a restaurant in the C‐1 District