Federal law requires that proprietor (business/license) must have operational control of the shared (“alternating”) portion of the premises each calendar day. I tell my clients it is as easy as keeping a clipboard and writing who used it each day of the year. Partial days are not allowed. One business must be responsible each day for regulatory and insurance reasons.

There is one exception, however, but it is only available if part of the written alteration plan and agreements approved by the TTB. It is quite foreseeable that an extension may be necessary at some point to finish bottling on the bottling line for less than a full calendar day. Thus, a prudent alternation plan will provide for this situation.

There is no magic language that must be used. It is a good idea, however to use the language in the federal law to refer to the situation:

• The business continues to use past its agreed use period is “extending” its use and possession of the equipment
• The business that is being delayed in starting its operations on that equipment is being “curtailed”

Have questions on this process? Email our office at team2@tracyjonglawfirm.com and we’ll be happy to assist.