BILL WOULD REPEAL BAN ON DISTILLERIES IN "DWELLING HOUSES"

Marc Sorini* - December 2007

A bill introduced in Congress this fall would repeal the current federal ban on locating a distillery "in any dwelling house." Thus, if passed, the bill would allow distilleries to be co-located with private homes, adding new flexibility to small-scale distilling operations. The bill also would repeal the prohibition on the production of spirits on a premises where beer or wine is made or produced or any liquor retailed - although alternating proprietorship arrangements and other devices already provide a way to mitigate these rules under existing law.
The bill, H.R. 3949, was introduced by Representative Stupak, a Democrat from Michigan. It has been assigned to the House Ways and Means Committee.
Marc E. Sorini
McDermott Will & Emery LLP
202.756.8284
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Absinthe, the full Q&A with Lance Winters master distiller over at St. George Spirits in Alameda. The article ran in today's food and wine section of The Press Democrat.
Unhappily, print being print, it had to cut short some of the things we talked about, including Lance's interesting back and forths on label approval. Lance is one of the more engaging and intelligent guys to talk to on just about any subject, but when it comes to absinthe, well, read on.

Q: How have you been able to be the first distiller in America to release an absinthe?
Winters: For 11 years it was something that we experimented with and played with. We had a head start. It's not an easy product to make well. There are 10 or 11 different botanicals that are in our absinthe and each one wants to take center stage. It takes a lot of work to get all those things to balance with one another. Those 11 years that we worked on that, those were really valuable for us. We felt confident that we could get a product out and as soon as we heard it was legal we hustled to get a label approved, and we had product from our experimental batches that we could send in for testing as far as the analytical testing, no problems there.

Q: But you must have had some limitations given that absinthe has been illegal to make in this country for so long.
Winters: Last year when we found out that it was legal the question to the suppliers who had been getting me decent-quality wormwood to experiment with was, can I have enough to make commercial quantities? And the answer was as long as you're not crazy with commercial quantities. We've also talked to some organic herb growers about having them plant organic wormwood to catch up with the demand. It's super easy to grow and it's amazing, beautiful stuff it's got gorgeous aromatics to it. "Sunset" magazine almost every year will recommend you plant it in your garden for a lovely accent of powdery blue leaf structure.

Q: So wormwood itself wasn't illegal, just the use of it in absinthe?
Winters: It's a really hazy area. There are a lot of government agencies that have the authority to enforce laws that don't exist. They can enforce things that are just what they feel are in the public interest. And because there's such a mystique around absinthe and that mystique has to do with what it could potentially do to you and how it can make you crazy they felt it was important to protect people from that. What it had always been was you couldn't make a product that ended up having greater than 10 parts per million (ppm) thujone (the chemical name for the active ingredient in wormwood) detectable by a certain test and really all through history none of the absinthes did have more than 10 ppm. It wasn't until this craze started and the black market created the demand for absinthe and demand for absinthe with high thujone levels that you started seeing people putting more thujone into their product, finding ways to get it in there. It doesn't make it better, more wormwood certainly can but you don't have to have more thujone from having more wormwood.

Q: Is the government still leery of absinthe, though?
Winters: The craziness started with just getting the label approved. We went through 32 separate label redesigns and I think we had seven or eight initial rejections from the TTB (Alcohol and Tobacco Tax and Trade Bureau). The first one was sent back because the word absinthe was too large which I thought was really odd because that's what it is. They said it's either a liqueur or a distilled spirits specialty, the word absinthe can be there but as a descriptive, fanciful term. Okay, well there's no limit on size for fanciful terms on any other products but they're very, very leery of absinthe. The word absinthe cannot appear on its own on the label, has to have a modifying word next to it, that's why when you see the Lucid or the Kubler, they say absinthe superieure, they're modifying. We chose vert because there can't be three superieures. And then of course they rejected that because they said vert translates as green and our lab report says your product is amber in color. I said well can you pick up a bottle for me and look at it? It's green, it's sort of a dead leaf green color because all the color comes from dead leaves. We had to fight for a little while on that one.

Q: What about the monkey on the label?
Winters: Initially the graphic image we had on the label was a monkey sitting down holding a human skull and beating on it with crossbones, they didn't like that one. Even though there are spirits bottles with skulls and crossbones on them they said this implies there are psychoactive properties, which I don't agree with that but they have the authority to make that declaration and so we had to change. There's no law against being provocative and I think that the final decision on any of that should be with the consumer, if the consumer is offended by something, they feel something's too provocative, they can vote with their pocketbook and say I'm not going to buy that.

Q: So everything's approved and December 21 becomes the first day of release. Winters: It was an auspicious day on so many fronts. It's the anniversary for the repeal of Prohibition, it's also the solstice, symbolizing the coming out of the darkness - or ignorant - and into the light.

Q: How much did you release? I heard there were super long lines out the door for it. Winters: 1,800 bottles were sold in six hours in the tasting room. The lines outside the door went all the way to the parking lot of our next door neighbors. And we did a second release on Superbowl Sunday and we had a three-hour line. I hate the idea of people having to stand in line especially out there where it can be pretty bitterly cold; I love the fact that they're willing to do it for this. I'm hoping it gets to the point where people come back for it, not because of the hype, but because they like the way it tastes.

Q: Did you get a sense for how many of these people were already St. George Spirits or Hangar One drinkers?
Winters: There were people who came in here and said, oh you make vodka too? Which was really cool because most of the time people come in for the Hangar One and go, oh wow, you guys make whiskey too?

Q: Can you give me some broad strokes demographics of who these people were in line?
Winters: The first person in line was a little old lady who had driven three hours to get here to get a bottle of absinthe. My ex in-laws, who are in their mid 60s, from Germany, were standing in line. There were people in their early 20s and everywhere in between. It was really a diverse group. I was stunned. I really thought there would be the goth crowd and then maybe some people who had traveled through Europe and had these memories of absinthe and what it meant to them and they wanted to touch that and not a whole lot in between.

Q: Describe the distilling process.
Winters: With absinthe we want to purify as little as possible. The brandy that's the base for it has already been cleaned up to the point where you have a really nice mouthfeel and no varietal characteristics from the brandy but it provides a really nice base for the absinthe flavors. After that you don't want to strip anything out. You want to get as much as you can from the star anise, the wormwood and the fennel.

Q: What do those botanicals add?
Winters: Those coat your palate, cover up some of the alcohol receptor sites and you sort of get numbed up and at that point all the alcohol can go down and it's no problem at all. One of the really nice things about absinthe and people ask about it being potentially hallucinogenic and all that stuff, which is complete nonsense, it's not going to make you hallucinate. What it does do is you get intoxicated, that's what happens with ethanol, but some of the other components that are there allow you to be more aware of that. I had somebody actually describe it by saying that the air was sharper all around them, they were much more aware of how drunk they were (laughs).

Q: Do you think that's why it's always been so heavily associated with artists and writers?
Winters: Your eyes are open a little bit more with it. Between the fact it's complex, it's layered, it's beautiful, and artists like things that are beautiful, and it was a concentrated sort of a drink. You would sit down with your glass of absinthe, you'd put your slotted spoon and a sugar cube under a little fountain and that little fountain would slowly drip water and you'd watch as that water dripped in and you'd think about things. And if it was your second glass of absinthe you'd think about really crazy things.

Q: And write them down
Winters: And write them down, and you'd be able to write them down because you were drinking absinthe. It was a pretty amazing thing to be able to drink back then and I'd like to see it back for the same reasons. It's an opportunity to slow down. We need those. It's a drink with speed bumps.

Q: Do you think the flavor complexities are going to be more compelling to people now too because we're more in touch with better ingredients and flavors?
Winters: We're at a point now in our culinary history where people have greater expectations for levels of flavor. That's one of the reasons why the time for this stuff has really come. People expect more in their beer, in their coffee, their wine, slowly they're expecting more in their spirits. You see people going into really interesting single-malt whiskies, interesting bourbons, gins are exploding, rums are exploding - these are all things that have a lot of complexity to them.

Q: In terms of the botanicals is absinthe closer to gin than people might think?
Winters: The artistry that's required in making something like a gin is huge because you are dealing with, in some of these things, 25 or 30 different botanicals that all have to be balanced. The juniper still has to take center stage, but everything else has to play some sort of supporting role and that's a really difficult thing to do and so from that perspective, absolutely, very, very similar. What we're going for with the absinthe is a very different flavor profile than that but philosophically, yeah.

Q: How do you figure out how much you're going to make and when?
Winters: It's based on when I can get decent quality wormwood. I won't compromise the quality of the absinthe itself, I want to make sure I can make as much as possible but I want it to stay as good as it was the first time. We're working with the growers that we've got. Last year they didn't harvest as much because there wasn't as much demand, this year, they're going to harvest absolutely everything they've got. That should be able to carry us through the year.

Q: You can't really predict what kind of ongoing demand you're going to have because you don't know yet how much people are buying it for the flavor versus the hype.
Winters: Most of the stories that I've heard back, people are actually drinking it. The first batch, because it was the very first one released and we had stamped it, there are probably people who are going to hold onto those as collectors but I think the subsequent batches people are going to drink them.

Q: You must be working with many of the bartenders who already love Hangar One and can't wait to have fun with this.
Winters: We need to make sure where we can supply them consistently. Scott (Beattie of Cyrus Restaurant in Healdsburg) has tasted a bunch of the old batches. I've heard of a new place at the Venetian in Las Vegas that's being built and it's going to have a whole absinthe bar; that could be a really dangerous place.

Q: What would you say about some of the European absinthes that are on the market?
Winters: There are just two of them, Lucid and Kubler. They're respectable products. I don't like to see any other product as a model for us. I like to look at the raw materials that go in traditionally into something like this and figure out a way to showcase them the best. What we do is apply (St. George Spirits founder) Jorg (Rupf)'s philosophy for distilling, which is an eau-de-vie maker's philosophy, the most valid philosophy to apply to any distilling and what you do with that, you're taking a fruit that you love, that you have admiration for, a fruit that you've selected because it has beautiful qualities, you become the shepherd of those qualities during the fermentation and distillation process so that when the product shows up in the bottle it's got all those things present.

Q: Have you heard about any other U.S. producers making an absinthe?
Winters: Not yet. I know that they're out there. It's every distiller's dream to be able to make absinthe.

Q: How do you like to drink it?
Winters: I drop a couple of ice cubes in which drop to the bottom and as they slowly melt they develop this louche layer. As it does, you can see these cascades of oils coming off. Most absinthe afcicionados say that you should add water until the louche reaches the top. Q: But you're not a fan of the sugar cube?
Winters: I think the sugar ruins it. There's a lot of sweetness here that comes from the oil, but because it's not sugar it's not cloying, it has a menthal element to it. When you start adding sugar you completely upset that balance. I think there must have been some absinthes that required it, this one doesn't. I love this idea of there being a ritual around it, we need more things that carry that, but it's like pouring maple syrup on a cake.
Article by Wine writer Virginie Boone Press Democrat, Petaluma, CA
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Stranahan's Colorado Whiskey to be Featured on The History Channel

Modern Marvels "Whiskey" Program

DENVER Stranahan's Colorado Whiskey, based in LODO (Lower Downtown), will be featured on The History Channel's Modern Marvels program entitled "Whiskey" on March 17 at 8 p.m. Mountain Standard Time.
On St. Patrick's Day, The History Channel's new Modern Marvels program entitled "Whiskey" will take viewers on a tour around the world revealing techniques and idiosyncrasies of distilleries in Ireland, Scotland, Kentucky, Japan and Colorado - via Stranahan's Colorado Whiskey, cultivated in Colorado's first ever micro-distillery. The program promises to provide insight into production methods, storage conditions, and the personalities of the distillers themselves.
"We're excited to spread the word about our distinctive, small-batch straight Rocky Mountain whiskey that sets a new classification for whiskey," said Jess Graber, founder and majority owner.
Stranahan's Colorado Whiskey embraces the true pioneering spirit of the West using unique distilling techniques (patent pending) that blend the processes used to make both Scotch and Bourbon whiskeys. The result is a spirit with a traditionally Bourbon amber-red color, but with a lighter, smoother taste than other whiskeys on the market.
Stranahan's Colorado Whiskey is the collaboration of whiskey enthusiast Jess Graber and liquor connoisseur George Stranahan. Because the whiskey is entirely handcrafted, production is limited, with Stranahan's producing in a year what some distillers make in a day.
Bottles are currently on sale in select markets and are also available at the distillery. A 750 mL bottle retails for $54.99. For more information, visit
www.stranahans.com
or call 303-296-7440.

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First Licensed Distillery on Long Island since 1800s Begins Production
Long Island Spirits Begins Crafting LiV Vodka

BAITING HOLLOW, N.Y.--(BUSINESS WIRE) Long Island Spirits Inc. (2182 Sound Avenue,
Baiting Hollow, NY, 631-630-9322) has announced the receipt of their Federal and New York State license to begin production as a craft distillery. Officially the first licensed distillery on Long Island since the 1800s, Long Island Spirits will now begin crafting their world-class spirit LiV (rhymes with 5) vodka. For each batch of LiV vodka, only the highest quality ingredients will be used, including the celebrated Long Island potato, thus making it the only vodka truly "made on" Long Island. In fact 9,000 lbs of Long Island potatoes will be used to produce each single batch of LiV vodka.
Long Island Spirits distillery is located in a scenic barn on an 80-acre potato farm on the idyllic North Fork. The North Fork is known for its outstanding wineries, and Long Island Spirits continues to uphold and elevate the reputation of products coming from the area. The distillery equipment is comprised of twin custom-made 650-liter copper stills direct from Germany. Long Island Spirits owner and head distiller Rich Stabile offers, "We have done extensive research and consultations with experts to yield a recipe that includes the Long Island potato blended with other grains. The potato provides smoothness, while the grains add a crisp touch. Purified water is the final ingredient." The end product offers a smooth flavor capturing the consumer's attention with an exceptional taste profile.
As production begins today, a couple of weeks will be spent perfecting the product. Stabile will be executing his much-researched recipes and tasting the product until he achieves his goal with an ultra premium vodka. "In the distilling process," Stabile explains, "the hands-on small-batch method is how the world's finest vodka's are created." Stabile's partner Dan Pollicino adds, "We will be intimately involved in tasting each batch at various points along the way to ensure quality and consistency at the end." They expect LiV vodka to be on shelves in April.
For further information please visit www.lispirits.com.
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ADI Member
I would like to know if some of the craft distilleries, especially for bourbon and rye but also for other high quality spirits, might be interested to be distributed in Europe / Asia by La Maison du Whisky.
Indeed, most of American whiskeys' fans are asking for more and more stuff to taste and mix for cocktails. Many bartenders are looking for rare and perfect spirits such as Tuthilltown, with a real background.Then, I would like to know if some of the craft distilleries, especially for bourbon and rye - but also for other high quality spirits, might be interested to be distributed in Europe / Asia by La Maison du Whisky. Indeed, most of American whiskeys' fans are asking for more and more stuff to taste and mix for cocktails. Many bartenders are looking for rare and perfect spirits such as Tuthilltown, with a real background.
I Thanks you in advance,
I Alexandre Vingtier
La Maison du Whisky
http://www.whisky.fr
info@whisky.fr

Tél : 0 820 160 180
Tél : +33 (0)1 47 30 71 90
==================
Thanks you in advance, Alexandre -- Alexandre Vingtier ========================== La Maison du Whisky http://www.whisky.fr info@whisky.fr Tél : 0 820 160 180 Tél : +33 (0)1 47 30 71 90 Fax : +33 (0)1 47 30 71 91 ========================== From Kris Berglund, Michigan State University. MSU and LTU (Luleå University of Technology). have a new website- Artisan Distilling.

The Scotland whiskey tour will be May 6-10th. 2008.
--To request a schedule of the event e-mail Bill@distilling.com
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Over 300 DSP licenses with 127 being craft distilleries. The rest are industrial distilleries and importers. Check their websites to see if they really distill.
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--To obtain TTB list of DSPs go to: http://www.ttb.gov/foia//err.shtml

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--To obtain TTB statistics on distilling go to: www.ttb.gov then scroll down to "spirits" and then the "year".
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--To obtain label regulations go to: http://www.ttb.gov/spirits/bam.shtml distilled spirits manual circular.
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