Alcoholic Beverage Control - Special Permits - Industrial alcohol manufacturers' permits


Published: 2014-09-22

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§ 91-a. Industrial alcohol manufacturers' permits. 1. An industrial
alcohol manufacturer's permit may be issued by the liquor authority
entitling the applicant to manufacture alcohol intended for use and/or
used for the following purposes:

For scientific, chemical, mechanical, industrial, medicinal and
culinary purposes.

For use by those authorized to procure alcohol tax-free, as provided
by the acts of congress and regulations promulgated thereunder.

In the manufacture of denatured alcohol as provided by the acts of
congress and regulations promulgated thereunder.

In the manufacture of patented, patent, proprietary, medicinal,
pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and
industrial preparations or products, unfit for beverage purposes.

In the manufacture of flavoring extracts and syrups, unfit for
beverage purposes.

In the manufacture of ethanol from biomass feedstock for use as fuel
(including but not limited to motor fuel, heating fuel or fuel for
process heat).

2. Such permit shall be in such form as prescribed by the rules of the
liquor authority and shall permit the manufacturer to manufacture and
distribute said alcohol to holders of industrial alcohol permits,
alcohol permits, distributors' alcohol permits class A, distributors'
alcohol permits class B and distributors' alcohol permits class C but
nothing contained herein shall authorize the manufacturing and
distribution of said alcohol for beverage purposes.

3. The annual fee for an industrial alcohol manufacturer's permit
shall be eight hundred dollars, except that:

(a) no holder of a class A distiller's license shall be required to
obtain such permit or pay such fee;

(b) no fee shall be required from any applicant who certifies that he
will manufacture, solely from biomass feedstock, ethanol for his own use
as fuel;

(c) no fee shall be required from any applicant who certifies that he
will manufacture, solely from biomass feedstock, less than one hundred
thousand gallons of ethanol annually for use as a fuel;

(d) no fee shall be required from any applicant who certifies that he
will manufacture, solely from biomass feedstock other than food crops,
ethanol for use as fuel; and

(e) no fee shall be required from any applicant who certifies that he
is the holder of an experimental distilled spirits plant permit, as
provided by federal law and regulation, for the manufacture of ethanol
for his own use as fuel.

Any permit issued pursuant to paragraph (b), (c), (d) or (e) of this
subdivision shall clearly state the conditions upon which it is granted.

4. Such industrial alcohol manufacturer's permit shall be effective
for a license year expiring on the thirty-first day of December
following the date of issue, and the fee prescribed therefor by this
section shall be the fee due and payable therefor, and shall be paid in
advance at the time the application shall be made as provided by this
section.

When application for any permit under this section is made, after the
first day of January in any year, the fee therefor shall, for the
balance of the year, be in proportion as the remainder of such year
shall bear to the whole year, except, that it shall in no case be for
less than one-half of such year.