The Official North Carolina Department of Commerce WebsiteSkip navigation
Main Content

Starting a Winery

 

This section covers the basic steps you must take to start a commercial winery. In addition, you may have to consider:

 

  • Trademarks
  • Distributor relationships
  • Contracts for purchasing grapes or custom crushing
  • Wine label approval
  • Getting land valued as farm use for tax purposes
  • Employer issues
  • Local health department compliance, and more.

 

If you are starting a winery or even already open, be sure to contact the NC Wine & Grape Council.  The council provides a free introductory packet for those interested.  There is also a large informational package filled with winery tips, research and much more available for $5 in postage stamps (please do not send cash or checks).  To request a packet or information, please call 919-715-WINE or email Evelyn Law at elaw@nccommerce.com.

 

Information about home winemaking can be found in the Resources section of the site.

 

ABC Permits for Wineries

Winery Waste Disposal Permits

Legal Issues & Direct Shipping

 



Starting a Commercial Winery

Before starting a winery, you must:

 

  • Ensure your property is zoned appropriately by your county or by your city if within limits. State law exempts bona fide farms from zoning in a county, but not necessarily in a city. County or city zoning authority determines the limits for a bona fide farm. A vineyard and winery operation should be considered agriculture in most counties.
  • Consider these restrictions: You may produce tax-exempt, unfortified wine for personal or family use of up to 200 gallons of wine per year per two-adult household or up to 100 gallons per one-adult household.
  • Have your wine production facility inspected by the Federal Tax and Trade Bureau (TTB formerly BATF)) prior to obtaining a final permit. (However, it's a good idea to begin paperwork for both TTB and ABC six months to a year before your first planned commercial grape crush.)

 

For more information about starting a winery, refer to:  

Back to top of page

Steps to Permitting a Winery

Approval will likely be given in the following order, but you will want to call the appropriate offices immediately to receive forms and instructions at the same time.

 

  1. Contact federal Alcohol and Tobacco Tax and Trade Bureau (TTB) for forms.

    Darlene M. Brown
    P. O. Box 25641
    Fayetteville, NC 28314
    Phone: (910) 878-1500
    Fax: (910) 848-1541
    Cell: (202) 997-7376 

    Wayne Milstead
    Tax Audit Division
    North Carolina TTB Field Office
    1801 Stanley Road, Suite 210
    Greensboro, NC 27407
    Phone: (336) 547-0837
    Fax: (336) 852-9306
    Cell: (202) 997-7363

    Product Compliance: (202) 927-8130/8140
    Special Occupational Tax: (800) 937-8864
    TTB National Revenue Center: (877) TTB-FAQS (882-3277)

    Call for instructions and forms to obtain: 
    • Bonded winery license 
    • Facility inspection
    • Label approval for each label (each type wine, each year) -- TTB label approval is not required for wines sold exclusively in North Carolina, but it is recommended.

    • For more information, view the online TTB Wine Industry Compliance Seminar.

  1. Corporations, Limited Liability companies, and Limited Partnerships must register with N.C. Secretary of State at (919) 807-2000 or  Secretary of State. You must determine type of ownership and obtain appropriate Articles of Corporation, operating agreement, etc. For more information on registering your business, visit the Start Your Business area of our website

  2. Obtain licenses from the following:
    • City Wine License from your local city hall, if within city limits
    • County Wine License from your County Courthouse Tax Collector Division
    • State Wine Tax License from N.C. Department of Revenue: (919) 733-3641 
  1. Contact N.C. Alcoholic Beverage Control Commission (ABC) at (919) 779-0700 ext. 227 to obtain:
    • Resident Unfortified Winery Permit ("on" or "off" premises) A Resident Limited Winery Permit is not necessary: ABC will allow you to sample wines at your winery without this even though the legislation doesn't specify this.
    • Winery Special Event Permit if you will hold tastings and sales by glass or bottle in approved public places that do not necessarily have "on-premise" permits.
    • Label approval applications and Distribution Agreement Forms
    • Submit to ABC:
      • Applications and supporting materials for applicable permits as listed above
      • Wine analysis for each label (each type wine, vintage additions or deletions, not changes)
      • Label approval form for each label (each type wine, vintage as above)
      • Distribution Agreement Filing Form (ask your attorney about franchise law in Article 12)
      • Vendor Representative Permit for each person physically selling or soliciting orders
      • Keep close contact with Lisa Nelson, Product Compliance Manager. She is knowledgeable regarding ABC wine laws and rules and will answer your questions, sincerely and try to help your business succeed.
    • See ABC Permits for Wineries for a list of winery-related ABC permits. 
  1. Contact NC Department of Revenue at (919) 733-3641 for Revenue License and instructions for submitting monthly shipment reports (regardless of sales).

  2. Order copies of the following:
  3. See Winery Waste Disposal Permits for resources that will help you develop a winery wastewater management plan to ensure compliance with environmental legislation as well as with our state.

  4. See Legal Issues & Direct Shipping for information and resources about legal issues and direct shipping affecting the winemaking industry.

 

Back to top of page

Register with the NC Wine & Grape Council

Be sure to register your winery with the North Carolina Wine & Grape Council.  Please fill out the Winery Form Winery Form with contact information and details about your winery.  Sign and return the completed Winery Form via fax to 919-715-5001 or by mail to: NC Wine & Grape Council, 4324 Mail Service Center, Raleigh, NC 27699.

 

If your winery is under construction, please still fill out the form and keep us updated on your progress and future opening date.  Also, please let us know whenever any of your information changes.  Once your Winery Form has been received, you will be registered to receive industry news from the council.

 

Marketing Materials - Map and Web site
Wineries must have winery and/or wine producer permits to be eligible for inclusion in the Wine & Grape Council marketing materials.  The council produces and distributes more than 200,000 copies of the annual Guide & Map to North Carolina Wineries, and oversees the NC wine consumer Web site, www.VisitNCwine.com.  To be eligible for inclusion on the map and VisitNCwine.com, your winery must meet the following qualifications:

 

    • Completed Winery Form registered with NC Wine & Grape Council
    • Obtain all winery and/or wine producer permits (TTB, ABC, etc)
    • Produce wine from at least 5 percent of North Carolina grapes
    • Have a tasting room at your winery
    • Be open to the public

 

Once your winery meets all of the qualifications, please contact the Wine & Grape Council.  A representative of the Wine & Grape Council must visit your winery for confirmation before approving it for the map and Visit NC Wine Web site.  Once approved, your winery will be eligible for all council marketing materials.  Be sure to also see the other Marketing Tools available for wineries.

 

Register Your Winery with an Extranet Representative
To be listed on www.VisitNC.com and www.VisitNCwine.com, you must register your winery with your county’s extranet representative.  Be sure to provide hours, location, contact information, and any events occurring at your winery.  To find your county’s extranet representative, view the list of Extranet Contacts Extranet Contacts.

All wineries can be listed on www.VisitNC.com.  However, to be listed in the Wineries journey on www.VisitNC.com and on www.VisitNCWine.com, you must meet the Wine & Grape Council qualifications listed above.

Whenever you have any changes or additions to your winery information, be sure to update your extranet representative.  All Web site updates are coordinated by your county's extranet representative.

 

Back to top of page

Distribution and Franchise Rules

Dry Counties

  • A winery holding a N.C. ABC winery permit may do the following:
    - Build a winery and produce wine
    - Hold tastings
    - Sell wine in closed containers for consumption on or off premises (depending on permit)
    - Sell wine by the glass regardless of eating establishment status.
  • A winery in a dry or wet county in North Carolina may ship wine to an individual of legal drinking age in a dry county for personal (not commercial) use.
  • A winery may hold up to three additional tasting and sales outlets separate at locations other than the winery, but these must be located in towns/counties where wine sales are permitted.
Back to top of page

Winery Tastings

Tastings are regulated by ABC Rules T04:02S.0900. Tastings are legal when the retail permittee holds the appropriate on-premises unfortified winery permit; a special event permit may also be required if off the premises. The limited winery permit is not needed.

 

There is no tasting size restriction, but we recommend less than 1 oz. per taste to reduce liability. Additional rules govern tastings held by industry members for non-permittees and tastings held by industry members for retailers: samples.

 

Back to top of page

Winery Retail Outlets

Primary retail outlet must be on the winery complex but not necessarily attached to the winery building. The winery complex must be engaged in some aspect of the wine manufacturing process (i.e. fermenting, aging, bottling, or labeling). This may be in a dry or wet county.

 

A winery may now hold up to three additional tasting and sale outlets separate from the winery, but these must be located in towns/counties where wine sales are permitted.

 

Back to top of page

Wine Private Labeling

A company wishing to sell wine that has been privately labeled must hold permits allowing retail wine sales. This is not possible in a dry county unless the company holds a winery or wine producer permit from ABC.

Back to top of page

Winery Definitions

  • Importer - receives product from outside of state or country
  • Exporter - regulated at federal level only
  • Wholesaler = Distributor - could be winery with exemption to receive wholesale permit
  • Retailer - could be winery on winery premise
  • Fortified wine has brandy added to stop the fermentation.
  • Unfortified wine is fermented naturally or with sugar and does not exceed 17% alcohol.
  • Content of Wine for Labeling Purpose (Rules by TTB): 
    • American Wine may not be labeled a vintage 
    • Varietal Wine - 75% made from that grape variety (except labrusca which must be at least 51%) 
    • North Carolina Wine - 75% North Carolina Grapes 
    • AVA (American Viticultural Area designation) - 85% grapes from that AVA
    • Vintage Wine - 95% Grapes from that year
    •  Estate Bottled Wine -100% Grapes from winery-owned vineyards

 

Back to top of page

Bottle Sizes

Half bottle

0.375 liters

0.5 bottles

Bottle

0.750

1

Magnum

1.5

2

Double Magnum

3

4

Jeroboam

5

7

Imperial

6

8

Methuselah

6

8

Salmanazar

9

12

Balthazar

12

16

Nebuchadnezzar

15

20

Back to top of page

Winery Resources and Supplies

Check out the links below for winery resources, supplies, consultants, services, classifieds, marketing tools and more:

 

  • Supplies - Vineyard & Winemaking Supplies, Nurseries, References, Consultants, Services

  • Classifieds - Grape Exchange, General Grower & Vintner Classifieds, Vineyards & Wineries For Sale, Employment

  • Marketing Tools - Marketing, Public Relations, Web sites, Signage, Brochures

  • Resources and Links - Associations, Wine and Grower Related Links, Publications

Back to top of page

footer
footer