New legislation offers breweries food service option, removes on-site consumption cap
Gov. Nikki Haley signed what is called the “Stone Bill” into law last week, eliminating production limits on Palmetto State breweries and giving them the option to offer food, sell products from other breweries and serve more than three pints of beer per customer per day.
According to the new law effective July 1, if a brewery serves food, it is no longer subject to the 48 ounce per day, per person limit for on-premises consumption. In the past, a brewpub was allowed to sell food, but its production was limited as part of its license.
The “Stone Bill” nickname refers to state efforts to attract California-based Stone Brewing Company, which is seeking an East Coast expansion and eyeing South Carolina as one of the options.
In addition to the potential $100 million yearly investment projected if Stone Brewing moves to the state, the new law will be a boon to breweries already operating in South Carolina, said Brook Bristow, an attorney and advisor to the S.C. Brewers Association.
The wording of the law allows for an interpretation that gives breweries considerable flexibility in what type of food they may offer, said Bristow.
“It could be a full-on restaurant, small kitchen or hot dogs or sandwiches,” he said. Many Upstate breweries have previously held events that featured fare offered by local food trucks, and Bristow said that could also qualify as a brewery serving food, according to his interpretation.
Some uncertainties still exist about how the S.C. Department of Health and Environmental Control (DHEC) will classify the food service, he said.
One longtime Upstate craft brewer, Tom Davis of Thomas Creek Brewery, said last week that his facility is preparing to set up a deli counter that would offer premade sandwiches to munch with a pint. He expects the addition to draw more customers and a potential lunch or early dinner crowd, he said.
Davis said the counter could be up and running fairly quickly because much of the required equipment is already in the brewery, including sinks, preparation surfaces and refrigeration. Thomas Creek will also continue to host food trucks on its property, he said.
Bristow said adding food service will definitely be an economic boon to local breweries and broadcast to the nation that the state is open to new brewing investment. “South Carolina has sent a clear message that we support craft brewing,” he said.
According to Stone Brewing Co. spokeswoman Sabrina LoPiccolo, Stone is still narrowing the search for an East Coast location. “We are looking to identify and begin construction on the site end of this year,” she said.
The new legislation has also caught the attention of other West Coast breweries like Oregon-based Deschutes Brewery. Spokeswoman Marie Melsheimer said Deschutes’ expansion may be “several years out, if at all.” However, founder and CEOGary Fish said the brewery may reconsider the state after the law’s passage.
Bristow said the Stone Bill moved through the Legislature with amazing speed, in part due to a large public push along with increased awareness of craft beer by legislators who are paying attention to neighbor North Carolina’s booming craft beer industry.
“It’s hard to ignore what North Carolina has done in craft brewing,” Bristow said, noting that the industry boasts $740 billion in economic impact for the state.
“It’s a good thing and a step in the right direction,” Davis said. “It gives other breweries the opportunity to come into the state and it’s what this bill is all about.”
