Wineries, Cideries, Distilleries and Other Alcohol Manufacturing Businesses
If you operate a winery, cidery, distillery or other alcohol manufacturing business, you may be considered an operator of a restaurant establishment.
For example, if you operate a winery, cidery or other alcohol manufacturing business that sells and serves alcoholic beverages for consumption on the premises and a place is laid out to ordinarily provide, for consideration, meals for consumption on the premises (including beverages served without food), you are subject to mandatory billing, regardless of the type of liquor permit you hold.
However, tasting activities—whether free of charge or not—are not subject to mandatory billing, provided that their sole purpose is to promote the sale of the products you make and that the quantity of alcohol served is kept to a minimum. Likewise, guided tours and the supply of promotional objects and products for consumption off the premises are not subject to mandatory billing.