How to Start a Brewery, Distillery or Winery in Wyoming: $300 to $500 Microbrewery Permit, $250 Distillery License and the 1.5 Ounce Sample Limit

October 29, 2026

If you want to start a brewery business in Wyoming, the licensing picture is more split than most people expect. Forming the company is a Secretary of State filing. The alcohol permit for a brewery or winery is a local permit issued by the city, town or county where you will operate, with a yearly fee of $300 to $500. A distillery is different: it needs a state Liquor Division manufacturer's license at $250 a year, plus federal approval. This guide covers the order that works, the costs, and the mistakes that waste the most time.

This article is informational content, not legal or tax advice. Wyoming rules and local ordinances change. Confirm every figure with the agency named before you spend money, and consider talking with a Wyoming attorney and a CPA, especially if you plan to hold more than one license or open multiple locations.

Which License Fits Your Business

Wyoming does not have one license that covers every alcohol producer. Your annual production volume and product type decide which permit you need.

Business type	Wyoming license	Annual cost	Who issues it
Microbrewery (50 to 50,000 barrels a year)	Microbrewery permit (W.S. 12-4-415)	$300 to $500 local fee	Local licensing authority
Winery	Winery permit (W.S. 12-4-414)	$300 to $500 local fee	Local licensing authority
Distillery	Manufacturer's license for a qualified resident (W.S. 12-2-203(a)) plus federal TTB basic permit	$250 state license, plus federal permit and inspections	Wyoming Liquor Division (state) and TTB (federal)

A producer above 50,000 barrels a year is a 'brewery' under W.S. 12-1-101 and falls outside the microbrewery permit. Ask the Wyoming Liquor Division which license applies before you finalize your production plan.

What You Need Before You File

Gather these items first. Most delays happen when a founder starts a filing before the basics are settled.

• A production plan with projected barrels, gallons or cases per year. This determines whether you fall under the microbrewery or brewery category.
• A registered agent with a physical street address in Wyoming, including any suite number. A drop box is not acceptable. A PO box is accepted only in addition to a physical address.
• A business name checked on the WyoBiz filing search. An LLC name must include 'Limited Liability Company' or an accepted abbreviation such as 'LLC'.
• A site with confirmed zoning for manufacturing and, if you plan a taproom, retail sales.
• A filing budget that covers the $100 Articles of Organization fee and the $60 annual report, plus $60 if you reserve a name.
• A staffing plan so you know whether workers' compensation is required.
• A food plan, because preparing food triggers a separate state license.
• A purchasing plan for ingredients. Ingredients, containers and labels that become part of the product you manufacture for sale may qualify for the manufacturing exemption in W.S. 39-15-105(a)(iii)(A), which makes the sales tax paperwork in Step 6 relevant from day one. Confirm what qualifies with the Department of Revenue.

Step-by-Step: Starting Your Wyoming Alcohol Business

1. Form your LLC with the Secretary of State. Most founders file the Articles of Organization online through WyoBiz at wyobiz.wyo.gov. The filing fee is $100. Online filings are active as soon as the filing is completed. If you want to hold a name while you finish other steps, the LLC name reservation costs $60, lasts 120 days, and is available only on paper. Use the form at sos.wyo.gov. Paper filings take up to 15 business days. Names beginning with the letter 'A' must be filed on paper rather than online. Your LLC will also owe a $60 annual report (annual license tax) due the first day of its anniversary month every year. Wyoming has no corporate income tax, no personal income tax and no franchise tax, so this annual charge is the main recurring state entity cost.

2. Confirm zoning and local requirements with the city or county. Cities and towns issue business licenses. Counties do not, but they handle land use, building, septic and liquor matters for their areas. The Secretary of State directs applicants to the city clerk for local business licenses, so start there. Ask the clerk which licenses apply to a brewery, winery or distillery in that jurisdiction, and ask the county about land use and building requirements if you are outside city limits.

3. Apply for your local alcohol permit. A microbrewery permit under W.S. 12-4-415 is issued locally, not by the state. The local fee is $300 to $500 a year. A microbrewery may also hold a manufacturer's license and a restaurant or bar and grill license with no extra fee beyond the retail fee. If the full-service restaurant closes, you may keep serving a limited menu. A microbrewery may add another location for an extra fee of up to $100. A winery permit under W.S. 12-4-414 carries the same $300 to $500 local range and allows up to three satellite locations under the original fee, with a hearing and an extra fee of up to $100 possible. Retail liquor licenses are population-quota licenses issued by cities, towns and counties, so ask early whether a retail license is available in your area.

4. Add a malt wholesale license if you plan to distribute. A microbrewery may apply for the malt wholesale license under W.S. 12-2-201 for $250 a year. A brewery or malt importer may not own an interest in another licensee's wholesale license, so keep your ownership structure in mind before you bring in partners.

5. If you are distilling, complete the state and federal track. A distillery needs a Wyoming Liquor Division manufacturer's license for a qualified resident at $250 a year under W.S. 12-2-203(a). It also needs the federal TTB basic permit and on-site inspections. Plan for these steps in sequence, because the state license and inspections depend on your federal approval. A federally licensed distiller may offer free samples of no more than 1.5 ounces per sample and no more than 3 ounces per consumer per day on site under W.S. 12-2-203(f). For satellite and event sales, the local authority may issue up to two satellite manufacturer's permits, each with a fee of up to $100, and off-premises permits for events under W.S. 12-2-203(g). Distillery product sold from a satellite that was not bought through the Liquor Division triggers a division-profit assessment plus excise under W.S. 12-2-303(d). In most cases, spirits otherwise flow through the state Liquor Division as wholesaler, with a markup of cost plus not above 17.6%. Cider and other distillery retail rules beyond these points should be confirmed with the Wyoming Liquor Division.

6. Get a food license if you prepare food. A state food license applies if your business prepares food under W.S. 35-7-124. The fee is $200 for a new license and $100 for renewal. Homemade beverage tasting events are addressed in W.S. 12-10-102, and W.S. 35-7-124(j) exempts homemade beverages from food licensure. Those exemptions are narrow, so confirm with the Liquor Division and the licensing agency before you host tastings or sell food from a taproom.

7. Register for sales and use tax. If you make taxable sales, you must hold a sales and use tax license from the Wyoming Department of Revenue, Excise Tax Division. The application carries a $60 non-refundable fee. Register at excise-tax-div.wyo.gov. The state sales tax rate is 4%. County option taxes and resort district taxes are added on top, and county rates change quarterly, so check the Department of Revenue rate chart for the rate in effect on your opening date. There is no city sales tax. Taproom sales of prepared food, lodging, admissions and alcohol are taxable. Food for home consumption, including most baked goods, is exempt. Wyoming issues no resale certificate. Instead, the buyer gives the seller a signed certificate when buying items for resale. Separately from sales tax, liquor excise applies at these rates: wine $0.0075 per 100 ml, spirits $0.025 per 100 ml and malt $0.005 per liter under W.S. 12-3-101. If you sell online or ship across state lines, the remote seller threshold is $100,000 of sales only.

8. Plan employees and workers' compensation. Wyoming's workers' compensation system is a monopolistic state fund run by the Department of Workforce Services. Coverage is compulsory for manufacturing (NAICS 31 to 33) and accommodation and food services employers that have employees. Sole proprietors, partners, officers and LLC members are excluded unless they elect coverage. Wyoming has no state income tax, so there is no state income tax withholding to set up. Federal payroll obligations still apply, so confirm them with a CPA.

9. Set up your recurring reporting calendar. A microbrewery must file a monthly production report with the Liquor Division by the 10th of each month. A late report carries a $25 late fee. Keep records for three years. Your LLC's annual report is due the first day of its anniversary month and is subject to administrative dissolution if it is not paid within 60 days of the due date. Local alcohol permits also renew on the local schedule, so put those dates on the same calendar.

10. Open and sell within the legal limits. A microbrewery may sell to-go product on site in quantities of up to 2,000 ounces per sale. A winery's to-go limit is 2,028 ounces per sale. A winery may ship directly to Wyoming households up to 108 liters per household per year. Build your point-of-sale system around these caps before opening day.

Common Mistakes to Avoid

• Waiting for a state microbrewery or winery permit. These permits are issued locally. Starting with the Liquor Division wastes time.
• Assuming a county issues your business license. Only cities and towns issue business licenses. Counties handle land use, building, septic and liquor matters.
• Filing an online name reservation. LLC name reservations are paper only. Names beginning with 'A' must also be filed on paper.
• Using a drop box as your registered agent. The agent needs a physical Wyoming street address.
• Choosing a name that collides with an existing brand. Wyoming Whiskey is an established brand, so a name that leans on it invites confusion and possible trouble.
• Exceeding sample limits. A distiller may pour no more than 1.5 ounces per sample and 3 ounces per consumer per day on site.
• Selling satellite distillery product outside the Liquor Division process. Product sold from a satellite that was not bought through the division triggers a division-profit assessment plus excise.
• Missing the monthly production report. A late report costs $25, and repeated lapses create compliance problems that are harder to fix than the fee.
• Forgetting the annual report. An unpaid $60 annual report can lead to administrative dissolution if it is not paid within 60 days of the due date.
• Treating taproom sales as untaxed. Alcohol and prepared food are taxable, and you must collect the state rate plus any county rate on top.
• Assuming a retail liquor license is available on request. Retail liquor licenses are population-quota licenses, so availability depends on your city, town or county.

Expected Results and Realistic Timing

Outcomes depend on your location, staffing, production volume and sales plan, so treat the following as a planning framework rather than a promise. Many new producers find that the paperwork takes longer than the buildout. An online LLC filing is active as soon as it is completed, while a paper filing can take up to 15 business days. Local permit timing varies by jurisdiction, so ask the city clerk for its current processing period. Distillers should expect the federal TTB process and state inspections to set the pace, because the state license depends on those steps.

Nothing in this guide is a claim about the health benefits of any beverage. Alcohol carries real risks, and your marketing, tastings and sales practices should reflect responsible service and the legal limits described above.

Next Steps and Free Help

Start with the Wyoming Secretary of State's business search at wyobiz.wyo.gov to confirm your name is available, then visit sos.wyo.gov for current forms. For planning help, the Wyoming SBDC Network offers business advising at wyomingsbdc.org, and the U.S. Small Business Administration's Wyoming district page is at sba.gov.

Before you sign a lease or order equipment, confirm your local permit, your zoning and your federal requirements in writing. Consult a qualified Wyoming attorney for entity and contract questions and a CPA for tax planning, especially if you are distilling, shipping across state lines or opening more than one location.