You know, running a brewery is hard work. Of course it’s made easier by beers at noon when friends stop by for no good reason. Other times at best it’s a jumbled mess of legal, legislative and enforcement woes. This was one such week beset by head spinning agencies and local code enforcements.
On Tuesday, we were surprised inspected by the San Diego County Department of Environmental Health. The two inspectors were sent out to visit our facilities (and other breweries in San Diego) as a patron had lodged a complaint about local tasting rooms. So I’d like to take a moment to thank that one person who felt it was important to lodge a complaint about brewery tasting rooms all over San Diego. Apparently they were concerned that we didn’t have a GIANT BLUE “A” on our cold boxes!
Thank you from the bottom of my heart.
You see, my fellow brewers and brewery owners are now having our hands forced (in the name of public safety) to go through the plan check and approval phase so that all of us can earn Health Permits for our tasting rooms.
What’s even better and the reason we’re all so thankful for your efforts today is that Port Brewing and The Lost Abbey has been issued a cease and desist for the sampling of beer in our tasting room. Because, as we all know, beer is a public nuisance laced with nasty things that can kill you!
I personally want to extend my gratitude to that consumer who felt this industry needed more regulatory agencies knocking on our doors. (The Health Department has never been interested in us before this call) Muchas Gracias Amigo (or Amiga) wherever you might be. There are breweries all over the City of San Diego who are now going to have to spend thousands of dollars on repairs that at best are “marginally justified.”
And while I’m at it, a shout out to my bookkeeper Alicia Kelly who will be working extra hours to ensure the payments and checks we need to facilitate this spending spree are cut and signed.
I suppose the plumbers, electricians and restaurant supply companies would like to take a moment to thank that one person who lodged the complaint. I’m sure the plumber won’t mind firing up the concrete saw as he makes a number of cuts in our floor so that we can install new floor drains. The electricians will have fun working to move junction boxes and installing more electrical outlets enabling us to relocate our new computer terminals because someone at a desk thinks they’re too close to the dishwasher. The restaurant supply company will gladly order all of the necessary stainless steel sinks and drain boards we need to be compliant. My flooring guy is looking at a nice fat check for the installation of washable tile flooring since the concrete we’re currently using isn’t up to code. I doubt any of them will complain as each will be getting paid for their assistance.
Yet, I am thankful that I know that I know them because without them, we’d be running around like chickens without heads.
And as long as we’re thanking people, I would like to thank the two ladies from the County Office who were incredibly nice as they asked me to sign away my rights to sampling our patrons on a beverage that cannot make them ill. Most assuredly, they could feel my pain. As we have been sampling our faithful for 4 years, it was hard to convey the sense of dismay and shock of being told we have no recourse in this matter.
On the plus side, they did agree with me that retail sales of bottled beer and growlers should not be affected by this directive (see below). I know that we’ll become great friends as we’re now scheduled to see each other at least twice a year. I’m looking forward to hearing all about their children and how little Johnny played at second base last week during his little league game!
Having heard from all sorts of local government employees this week, I am sure they would love to personally extend their gratitude to that person who just created more work for them even though every other Friday they are being furloughed. They all seemed “genuinely” concerned that someone would get sick from drinking beer at a tasting room as they rolled their eyes at us. Did you know that Wineries and Brandy producers who operate tasting rooms in California are exempt from inspections? I didn’t either until Tuesday. I’m seriously considering going Jesus on the world and turning water (and grapes) into wine enabling us to get an exemption as well.
Lastly, my employees would like to thank that person who lobbed that phone call. Normally I don’t have a reason to swear and yell at anyone around here. I’m pretty even keel. But this week, all bets were off. I think I yelled at a guy for actually doing a great job. I wouldn’t know because since Tuesday, I’ve been thanking everyone under the sun for everything and nothing at all. I figured if I thanked enough people, I might find the person who I really needed to. As it’s Friday and I’m still not sure I have thanked that person who acted in the interest of public health, I thought I would take a few more minutes to do so.
To the person who lobbed the complaint to the County Department of Environmental Health, I’d like to take one last moment to Thank You on behalf of all the brewers and brewery owners in San Diego County.
Thank You for adding more work to our already busy schedules.
Thank You for adding more stress to our already stressed out lives.
Thank You for adding another agency we must pay fees and submit to inspections for.
Thank You for adding taking dollars out of our bank account so governments have things to inspect.
Thank You for giving me another reason to drink my World Class Kick Ass Handcrafted American Beer because even though I’m staring at a pile of paperwork I didn’t need, I’ll be doing it with one of our non life threatening beers in hand!
It must have been the plumber! …or the maid…with the candlestick!
That seriously sucks, sorry to hear Tomme. A speakeasy is in order!
Why do Idiots exist? Why? Can’t we brand them or tag them with invisible ink that lights up when inside? Regulators, Oversight wonks abound. One major reason why California Wines and Beers excel is that they are not bound by the amount of regulation that France and the rest of Europe shoot themselves in the foot with. Playback your Abbey-Cam and I bet you can spot the spineless twit. Anything an over regulated real estate appraiser can do? After 20 years in San Diego the feds decided last year it was best that I no longer have contact with my customers. So in the famous words of a skirt chasing POTUS, “I feel your pain”.
Why don’t you band with the other craft breweries in San Diego and sue the city and health department? You guys should be able to muster enough reasons why this is unnecessary and economically depresses the business. This is very unfortunate and will erect a new monetary barrier to entering the industry… Sorry to hear this!
That is ridiculous! It is a shame when one over-zealous, pompous prick ruins it for everyone… Good luck you guys!
this is depressing to say the least
Awe…what a shame that someone running a business has to comply with health regulations. I bet if you think about it there are a lot more throughout your business that you don’t really need either, right.
Ahhhhhhhh. This frustrates me to no end. California is one of the most hypocritical states in the country. Just when I think it’s a cool place to live, the government goes and pulls this bullshit.
Just last month, the San Francisco government cracked down on mixologists and bars that were infusing spirits. Apparently, the art of adding flavor to liquor is “illegal” …
Interesting to hear that the wine industry is exempt from this bullshit. Am I surprised? No.
In any case, I hope that this bullshit gets resolved as soon as possible. Sorry to hear about your troubles and turmoil.
Stay classy San Diego,
The Wench
Let me be the 1st on here to THANK YOU and YOUR STAFF at The Lost Abbey for producing a quality, safe to drink, and DAMN tasty Beers.
Keep your head high!
It is a shame the way government is trying to hold down Micro-Beer Companies. You dont see this in the wine industry!
LONG LIVE CRAFT BEER!
It sounds like Philadelphia all over again. So many thanks to that individual, maybe code enforcement could visit the house of the drive-by-complainer to see if there are any items that need fixing there? Some work that wasn’t done with the appropriate permits perhaps?
Temperature of their fridge and freezer?
Is their bbq clean?
Tire tread on their car?
Maybe their work should be inspected as well….
My point is where does it all end, and at what point are we going to start using some bloody common sense.
Tomme and company, best wishes to you, I hope you can get through this mess quickly and get back to doing what you do best.
Hope to see you in June.
CM
I find it a real shame that complaints are made about these sorts of things. I mean, really is the point? Established breweries & Ale Houses put out quality product for their consumers. To once again throw a banana peel on the already uphill climb these businesses perservere is unfounded an unfair. Is there not bigger fish to fry? I would be inclined to thing there are. For those of us who truly feel indebted to these breweries for giving us a better beer option than those commercial replicas this is frustrating. Probably not as frustrating as it is to you the owners and employees but frustrating none the less.
Thank you for convincing me just one more time why I don’t want to run a tasting room for my wine. Even if I am ‘exempt’ in MA (which I bet I am not!) I wouldn’t ever want the wasted hassle of spending all that money and effort trying to make uncle Sam fatter ensuring everything is ‘safe’.
Good luck with the renovation, and if you have had a few tonight maybe you can spin this into an ‘expansion’ in your mind, rather than another hurdle for business!
Thank you San Diego beer musterer complainer, hopefully we can all feel safer knowing a computer terminal is going to be relocated so it isn’t so close to a dishwasher.
Was in town last weekend and loved the chance to see your set up and the tasting room. Coming from Colorado with our plentiful breweries and tap rooms, I feel your pain. For that one grumpy who feels like they need to ruin it for eveyone, I will also send my comments to the enviromental agency regarding the pros of the tap rooms. I suggest everyone start a letter writing campaign to turn this new regulation around. I don’t see how these new regulations can have a positive effect except for filling the pockets of others at an expense to the breweries and patrons.
You guys just need to establish a new tasting room in a place that already has it’s A. I recommend Live Wire in North Park. Why? Because they are an easy staggering distance from my house.
Kick ass, Tomme. You’ve got a lot of support from beer geeks everywhere. Let’s drink some Lost Abbey this weekend folks in a show of support!
I wonder what it would take to get breweries included under the wine and brandy tasting room exception. I think I’ll write to my representative and ask and Lost Abbey you can count on our signatures and support if needed.
Now Roger Smith, simply because an ordinance or code is in place does not mean it is appropriate, fair or usefully looking out for us in a balanced and evenhanded manner. For example here are three not so emotionally charged that should be changed or repealed. There are countless others including the one under discussion too:
It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
Women may not drive in a house coat.
No vehicle without a driver may exceed 60 miles per hour. <– my favorite
Tomme, and all SD Brewers, this sucks. Well spoken Tomme as always. To the complainant… lets just call him or her the lil whiney one…or maybe bud rep…. you are not welcome in our tasting room…and rest assured that our tasting room has been under the disorganized ridicule, discombobulated regulation, and unfounded rule making of our local Health authority since opening. Further, I am very thankful that I was required to install a roof in my basement to “keep things from falling into the beer” being filled into growlers 2 stories above the basement… really, I’m not joking. Love you guys, fight the fight, we’ll prevail in the end.
IT’S ROGER SMITH…IT’S ROGER SMITH…HE REPORTED IT FROM THE LIBRARY WITH THE REVOLVER PHONE…RUN A REVERSE CHECK ON HIS IP ADDRESS, TRACK HIM DOWN…NAME THE NEXT SINNERS BLEND AFTER THIS SPAWN OF SATAN…BUT THEN DELIBERATELY MAKE IT A BAD BATCH…
Really sorry to read about this fiasco. You brews are some of the finest I’ve ever had, and for something as mundane as this to distract you from your calling is really sinful.
I think there’s an Extra Special Bitter forthcoming from Port named Blue A – a tribute beer to the SDC’s DEH’s finest.
Wait until Tomme thanks the wonderful bureaucrats in the EU.
The EU has sent a cease and desist notice to the Brewers Associations of the US and Canada. That’s right, Europe wants North America to stop using regional terms like ‘Belgian’, ‘Scotch’ ‘English’ et al, in beer names and descriptions. Even the term ‘pilsner’ could be subject to this request, as Pilsen is a Czech town! Dortmunder, anyone?
I am willing to wager that AB-InBev is behind this. It’s the only way they can even think of slowing down the craft beer movement; through ceaseless litigation and regulation of innovative craft brewers!
Time to get a rope.
The solution is less control — everyone in their heart knows it.
Yet taking power from the beast that must constantly be fed in ever increasing amounts is not likely to come without a fight. The beast must continue its reign of terror on citizens and business owners alike otherwise it will whither and die. And the beast wont let that happen. It keeps you alive, just so it can suck on the blood, just like an engorged tick. After all its union members, and lazy ‘crats have unfunded pensions and families to feed, but i digress…
Its just not enough to starve the beast. Is it?
The beast must be destroyed.
We need to vote OUT people that are for draconian control, and vote for people who will rollback the punishing business climate in CA, relax restrictions and regulations, shrink the government, and maybe this state can be fixed… although i must admit, im not optimistic. Hope it all goes well ,you should definitley mark this day with a new beer… Preferably called, “the beast” lol
take it easy
Sorry to hear that Tomme. That’s exactly why I vote Libertarian! Where have all the Americans gone? Sounds like they took their training from the Southern Nevada Health District. Absurd rules and regs.
Just heard about the insanity that ensued this week. While my sorrow is somewhat selfish — I had a blast visiting you and other brewery tasting rooms during SDBW — my heart goes out to all of you (brewers and customers)for your loss in this.
In a time of such economic despair, you would think that our local governments would try to bend over backwards to keep small businesses going strong. Afterall, small businesses are the backbone of this country. Meanwhile the big guys continue making a profit. SF is no different…just trying to open a small business here requires jumping through hoops and I think giving up your first born.
Despite the claim that this will have no impact on your retail sales – yeah, right — it impacts your customers which directly impacts you. and your entire business.
Best wishes for a quick recovery.
What are the odds that, until this goes over, Stone would allow you to do tastings at their facility? From what I have seen, the guys at Stone are pretty supportive of all microbreweries…
Alternatively, just to piss the right people off, you could always find a distributor of mini-bottles so that you can have 4 oz taster ‘bottles’.
This is outrageous. There MUST be some way of getting that law changed to include Breweries, right? There has to be. Are you guys finding out what the process would be?? Please do!! I am so sorry to hear that so many SD Brewers are going under this stress, but I hope that a solution is found. I’m just in shock at how ridiculous this is. I’m a big fan of you all. When I worked as a waitress in Santa Monica, the place I worked at had an “A” and there were rats and cockroaches all around! Every SD Brewery I’ve been to has been clean and welcoming, with people who actually CARE about their business and work! Geez!
Tomme, I am truly sorry to hear this set of events. Welcome back to the world of health inspectors who really have no idea about your business and now feel that they have to tell you what to do, to show that they are better than you. Hope you don’t encounter intellectually challenged blowhards that cite you for having a spray bottle of Windex over a CO2 tank (for checking leaks) because you can’t have chemicals over food items (because as you well know that spray botle could fall on the CO2 tanks and that WIndex could dissolve through the cylinder into the CO2). Ot telling you that you need to have an air gap from your blow off hose to your sanitizer bucket because they are afraid that it will get sucked into the tank. Luckily, I know that you are smarter than them and will survive this, but sadly, it is just another headache that you really don’t need. Stay strong and keep making the great beer!
Todd
Tomme,
If you provide the materials and tools I’ll lay your tile floor for you! I’ve done VCT in the past! Lemme know, your friends at Core Brewing are here for you!
-Gile
Well this sucks big time. But Tomme and others have got it wrong. It’s not the fault of the person who reported it. It’s the system. We can all see how obvious it is that health inspection are probably not necessary, but it’s also obvious that no one thought of tasting rooms when these health codes were written.
So Tomme, get on the phone to your state representatives, or better yet, band together with all the local brewers (that’ll definitely have some weight behind it) and demand a meeting with them. Get this fixed. It’s not a perfect system but it’s the only one we have so we have to work with it.
Can I just state another reason we need less government interjecting into our lives. Keep up the good fight and even better brews!! I’m having nothing but Abbey/Port brews in support of this abomination of injustice!!
What a crock! Contact Brewer’s Association, band together with other SD brewers, and if necessary start making wine. We started making wine for similar legal reasons. Good luck!
Time to call up the Turko Files…
IT AIN’T RIGHT!
I better not tell them where my house is or they might come inspect my kegerator in my garage! Although a friend just suggested that I make a counterfit “Blue A” and post it above the fridge…
Ahh, the joys of big government. Remember this in November.
Big government = small citizens.
Tomme: Breath. Have a Cuvee de you. Remember why the Abbey is Lost. The wine lobby is strong with lot’s of Gallo money to grease the wheels in Sacto-Arnold. We beer folks need to step up for basic fairness laws that make some sort of sense but then we all know that, don’t we. To see our San Diego brothers called out with this administrative crap is unbelievable. Looks like you have a lot of fans on your side and that’s a good thing. As the great philosopher Kurt Vonnegut was wont to say, “and so it goes…..”
I am very sorry to hear that this is happening. As if us small brewers don’t have enough crap to deal with to be compliant, or shelf space to fight for against the mass-produced commodity beers, or every level of TTB and Excise red tape that is out there….to have someone with “delusions of significance” feel that it was their “duty” to file a complaint like this is just ridiculous.
We have seen our share of crap trying to get our place established in our first year, and people coming out of the woodwork with a sense of “entitlement” to our place….we actually had one contractor telling people in town he was a part owner, only to have people he owes money to come looking for it at our establishment. Unbelievable. It is obvious to all of us brewery owners and craft beer enthusiasts that there is always someone out there that does their best to cause you grief.
I sincerely hope that no further woes trouble your businesses. Gotta love the double standards on the other alcohol-producers in the state….unbelievable.
Good luck with your endeavors, and I hope everything works out somehow.
Tom Coster – Owner / Brewmaster
Brickworks Brewing Company – Hobart, IN
I will now commit to buy more of your fine beers to help subsidize your new costs. win/win
@The Beer Wench: the situation in SF was caused by the Department of Alcoholic Beverage Control (ABC), which is a state department, not the city and county of San Francisco. They have been being more of a pain than they need to (search for “DNA Lounge” to find out). Still, unnecessary regulation run amok
a bit ironic that beer brewing, a process that requires the practice of cleanliness in itself, would have the local government enforce law around how to serve it…
Does that mean the event next Sat. is off????
Event is still on! Details shortly.
Tomme/everyone at Lost Abbey:
I’m sorry to hear about this turn of events. Being from the east, Lost Abbey beers are a special treat. I had the pleasure of visiting the tasting room last year and am disappointed to hear about this.
Keep doing what you are doing and hang in there. I’ll always buy this beer when I get the opportunity.
I drank a lost abbey beer in the tasting room and died! (i got better though)
Why does one person have to spoil all the fun for everybody else?
Normally, I’m not a conspiracy theorist but I seem to think the only entity that would benefit from lodging a complaint would be AB. They know SD is the hotbed of craft brewing and turning beer consumers into discerning tasters of fine beers. If it’s true, what a dirty trick.
For God saved from the heavens a mighty bolt for to spite the pompous and petty Heathen in his place of hiding . For it is under the sign of Despiration and Impotence they work . Bureaucracy and Fee Mongering is their master , Coors and Budweiser their succor and solice. Though they proclaim themselves to rightousness they tempt the Wrath of the Almighty BEER WORSHIPPER ! The Faithful shall prevail sayith the Lord !
The late great Abbey Hoffman once said in a moment of enlightenend clarity regarding the Oppression Of The Man , ” Those fucking assholes are full of shit ! “
I hear you pain and will fight those mothers any way I can. Keep the faith, T.
Bummer dude. My deepest sympathies. I am all for small business and free enterprise. This seems nutso to me! Doesn’t the SDCO Health department know that once fermentation gets going, you’re good? Hello?! It’s just BEER! So glad I moved out of SOCAL!
WOW, what a joke. But then again, it’s hard to get to upset (or even surprised) after all it is the people’s republic of California.
Whoever made that call is a grade-A douchebag. If this were a free country, he would have been told to fuck off.
Anonymous hater targets beer lovers. What a jerk!
Which San Diego brewers have been affected?
As a proud craft beer bar owner, I love and/or appreciate our customers but there’s always some yokel that needs to say too much. Lost Abbey is a fantastic brewery and although I understand the need when providing food and beverages to the public, to maintain the highest levels of cleanliness and food safety, there comes a point to say ENOUGH is ENOUGH.
(If this is how we need to put people back to work, than I suggest we find a new system).
Niall
The time and money this will cost is one thing, but the frustration of having no recourse is what zaps one’s love for the industry.
I can’t agree with every one knocking regulation though…it’s regulations that keep our food safe and it’s the lack of rigid regulations that may be behind one of the largest environmental disasters to hit the U.S. – the oil rig that’s currently dumping 200,000 gallons of oil into the Gulf of Mexico daily.
What’s missing with tasting rooms is an overall understanding of a business that is safe and sanitary. And what’s missing with the health department and inspectors is the common sense to realize they shouldn’t mess a business that’s working fine and does not need these costly changes. No one is in danger with things as they currently exist and the health inspectors should be embarrassed to enforce these regulations. Like dumb cops, some people just follow rules and don’t think about the right and wrong and logic of their actions.
Regarding moving the tap room to another location, while this could occur, it would take away the opportunity to see Lost Abbey in operation, to see the amazing barrel collection, to sit on a grain barrel seat, and to enjoy the wonderful staff and friends of Port.
As another person commented, I’ll do my small part by buying more Port brews…there’s a pretty good selection in Denver currently. And I’ll toast you at the Boulder Strong Ale Festival today…ayieee!!
This sort of thing never ceases to amaze me. Stay strong brother! I’ll be drinking your beers all weekend.
Mad props from NorCal.
Reading about this travesty makes me think how infuriated I would be if I happened to make the long trek out from the east coast only to find i was c&ck-blocked by stupid bureaucracy!
Everyone knows some douche who goes by the book… but I am thinking it has to be the competition – why else would someone do this??!
I love the double standard though about the wine industry… pretentious pricks!!
Boston, MA
I was at the Lost Abbey on Wednesday with Rob from Premier Stainless, having traveled from Australia to be there I was more than excited to taste a few ales directly from the source. But thanks to some busy body with to much time on their hands, I was denied.
I have gathered a few bottles from the bottle shop and will taste them with mates at home, but it won’t be quite the same.
I’ll be sure to do my part and buy more of your beers next time I’m at Grants.
I wish I had that much free time on my hands that I could go around complaining about what other people are doing when it has little to zero impact on my day-to-day. I suppose being so bored and having such little purpose in life would frustrate me enough that I’d start poking my stick around in other peoples’ mud. Ugh…..
I read this and went out and bought a ton of Wipeout and Hop 15, I wish you guys the best of luck and if anyone finds out the person that decided to poison the magic well… feel free to publish their name and photo so we can stop them at the door when they show up at any local watering hole.
Stay strong and don’t let them win.
As an Indiana resident I unfortunately don’t have direct access to your beers.. but next time I head to Chicago to see my dad, I will stock up for sure. That really is a lame stunt pulled by someone. I wouldn’t be surprised to learn it was someone who is on the neo-prohibitionist movement and is just looking to make trouble for good hard working Americans in an industry he doesn’t approve of.
BTW.. my dad has been to your tasting room twice now in the past few years and he has assured me he has never been treated as well anywhere else as when he has stopped in.
I restocked my refrigerator as well. Good luck——
So wrong! So unnecessary! I am very sorry to hear about his. Looks like I have to start drinking heavily in order to help you raise funds to accomplish modifications. The knowledge of the tasting room being close!d is bringing down our neighborhood.
There are breweries that have restaurants and are already permitted to have tastings, etc. If you were a wise man, you would realize that it was your competitors that shut you down and not some “concerned” citizen.
I guess your position as a “celebrity brewer” couldn’t help you this time!
How miserable. And all from one whiny squealer. A whiny squealer who apparently doesn’t know how much scarier a pack of beer snobs with a grudge can be compared to hardened convicts! LOOK OUT, SQUEALER!
All jokes aside though, sorry to hear about this- the extra work and dent in finances is absolutely unwarranted and ridiculous. I for one am looking forward to celebrating at the tasting room the weekend after the ban is lifted (and even moreso at the first session of this weekend’s Anniversary party)!
But WAIT! I just enjoyed your “Upon Further Review…” entry! Crisis averted! Now we have TWO reasons to celebrate this weekend!