Kevin Shertz, local architect and potential Chestertown microbrewery proprietor, has released a statement on the Chester River Brewing Company Facebook page noting concerns with the proposed ordinance changes to permit microbreweries within town limits.
On Monday evening, the Chestertown Town Council will be voting on the issue of adding microbreweries to the list of possible zoning uses in Chestertown.
Unfortunately, this well-intentioned — but highly flawed –piece of legislation arbitrarily defines a microbrewery as:
“A facility in which specified quantities of beer… are brewed or distilled for distribution and consumption primarily off-premises, and which possesses the appropriate licenses from the State of Maryland.”
This differs greatly from the State definition of a microbrewery (a Class 7 license), which allows a license holder to sell up to 4,000 barrels of beer for on-premises consumption, and places no restrictions on how much of that product can be sold relative to their overall output. For example, were one to produce 300 barrels of beer per year, all 300 of those barrels of beer could be sold and consumed on-premises.
The arbitrary “consumption primarily off-premises” definition would likely require any prospective microbrewery to invest in highly-expensive bottling and packaging equipment to sell their beer. In addition, since microbreweries cannot self-distribute their product to restaurants, bars or liquor stores, it would also require a microbrewery to establish a contract with a distributor to get the bulk of their product to market. Both of these situations make the enterprise cost more and make less money since they must go through a middle-man.
I have made my feelings known in writing to both the Town and Town Council members that this legislation, if it passes in this form, will pretty much guarantee that Chestertown never hosts a microbrewery, as it will be arbitrarily restricting the rights of the State license holder. In addition, the startup costs and go-to-market strategy this proposed legislation requires are beyond what can reasonably be expected to turn a profit in a 4,700 person town located in a 20,000 person county.
While I don’t expect the Chestertown legislation to change, please let this serve as a notice that I’d be more than happy to consult with other municipalities in Kent County, such as Rock Hall, to help them craft zoning ordinances that may possibly help them bring businesses like this to their town at some point in the future.
Petey S. Bestmom says
It is very eye-opening that someone like Mr. Shertz, not only a well-respected local businessman but who also has contributed much to the community by serving on citizen boards and commissions, is being treated in this manner.
Chestertown voters, please wake up! If you don’t approve of the way town officials handled this, send a message in the next election.
Steve Atkinson says
At times it seems as if our governments (County and Municipals) makes decisions that may seem to make sense, but in the long run is bad for businesses and also bad for the residents. Businesses helps to keep a community going thorough their services on committees and boards as well as donating to the local non-profits.
I think that being business friendly, especially to small local business should be the norm and not the exception.
Ed Plaisance says
Sounds like the “busking” statute issue in another guise.
Why doesn’t the council refer to knowledgeable sources on how to maximize the chances of success when they draw up these ordinances? (E.g., beer is not “distilled”)
How vague is “primarily”? Is it 51% of production? 75%? Who makes the decision in the future?
And what difference does it make whether it is for on- or off-premises? It sounds like the ordinance is trying to prevent “something” from happening.
Where would be the problem be with Mr Shertz brewing and selling every last drop of his beer on site, either for consumption or for take-away? At some time in the future if his business warranted bringing in a distributor, so much the better.
In talking with the proprietor of Eastern Shore Brewing in St Michaels, this is what I understand happened there. (They have their own crazy quirks there, too…I was told that they can sell all the 5 ounce “samples” they want to customers, but cannot serve a standard size beer mug. Apparently that would constitute a bar. Go figure!)
Point here is that there should be a simple way to maximize the chances of success for anyone desiring to open a microbrewery in town, a concept which I sense most citizens find most desirable, but our council seems bent on finessing the opposite outcome.
Norm Dulak says
This is another local government action that is adverse to the people they purport to serve. Another example was the luxury resort proposed for Rock Hall a few years ago, that could have infused some life into Kent County.
But hey, we’ve still got soybean and corn fields. Who could ask for anything more?
Joe S. Handy says
Those corn and soybean fields have carried this county…and country… longer than your ancestors have lived here.
Joe Diamond says
Sorry Joe,
The hand labor to pick corn and orchard crops just told the eastern shore to stuff it after WWII. Land owners have drifted to machinery because machines have no ancestors…no need for hospitalization plans or schools. Humans have drifted away from field crops careers. Machine owners do not have to pay SS taxes unless they hire a worker to operate the machine. The trend has been to fewer workers, larger tracts and more machines.
Farmer try not to carry anyone.
It was after the trees were all cut that most of the population moved on, leaving watermen and field owners. Then the trains stopped coming. You cannot study to enter the farming profession. You have to inherit some land. You can buy land with money you earned doing something else.
The best number I read was one thousand acres will support a small family without off-farm employment. It is only a matter of time before the price of the land rises enough to allow the remaining farmers to sell out.
Sadly, I see an exit from the Baltimore beltway hitting Rock Hall near Tolchester. Goodbye corn & soybean fields. I don’t think I am wrong on this…just cannot predict when.
Joe
Ben Ford says
What an arrogant statement. You have no idea how long someone has lived “here” or how long their ancestors have been around. Soybean production (in the US) has only been around since about ww2, so conceivably there are those actually reading your response who can remember the switch to soybean.
Christine Betley says
While the media (and the Spy in particular) is a great resource for becoming informed of government activities, it provides an inadequate forum for the meaningful and productive conversations that must take place in order to evoke the change we’d like to see for our community. There are, however, public forums in which to guide our government in meeting our needs. It is quite unfortunate that neither Mr. Shertz nor any other town citizen was present during the public meeting of the Planning Commission to offer their knowledge in drafting this proposed ordinance change. A change, I’ll add, that was inspired by the Town’s desire to better support it’s local entrepreneurs. A significant advantage of our small intimate community is that you do not need to wait until the next election to express your interests. You can express those interests now by communicating them to your neighbors that have taken on the responsibility of ensuring Chestertown is reaching its potential to serve all of its residents. The Town is not a microcosm of the Federal government; citizens are not without voice or authority here. Your voice is wanted at the public meetings where these matters are considered, and if you can’t attend sending an email to the Town is as simple as criticizing your local government through this media. I encourage you to do both. Making an affront without participating in the structure built to serve you is counterproductive to democracy, not to mention a lost opportunity for engaging in the cooperative dialogue that builds strong communities.
Carla Massoni says
This is great commentary. How do we make this happen? I was speaking with neighborhood friends on the sidewalk this morning and they said they no longer read the Spy. They felt they had no opportunity to engage in helpful dialogue and the forum is needed.
Kevin Shertz says
Christine, my opinions on the matter were well known to both Chris Cerino and the Town prior to the Planning Commission meeting.
You want to toss this all back onto me… and the result of me not coming on bended knee to the Planning Commission to say “Mother, may I?”
Fine.
Enjoy your stagnation, Chestertown.
matthew weir says
Kevin, as I explained to you when we spoke on the telephone, I have a great deal of respect for the amount of work you have put into the idea of a micro-brewery. You clearly understand the laws and possess a great deal of knowledge. However, I disagree with your inference that Chestertown does not want a micro-brewery.
It is easy to beat up on the government (and sometimes they deserve it!) but I do not think that is the case here. Clearly, the business plan you had hoped to carry out is not workable within the budget constraints you set. Maybe the solution is to alter your business plan to allow for other revenue streams, such as distribution and/or food sales.
The town has reacted very promptly to your request for changes in the zoning. Even prior to the proposed changes, though, there are locations in Chestertown that meet all permit requirements. But, you did not try to rent space in these areas.
I do not write this to be critical of you but instead to set the record straight. Chestertown wants a brewery. Chestertown would benefit from having a brewery. And, let’s face it, Chestertown needs any development it can get.
On this issue, the town government has responded very quickly and a brew pub can (and should) be brought to Chestertown, not Rock Hall or other town, such as you suggest.
Kevin Shertz says
One more thing:
It’s a shame that this town seems to be incapable of discussing an issue without personalizing the terms. For example, in this thread alone, I’ve already had one Planning Commission member and one of the board members of Washington College try to toss this off as somehow being a failing on my part or casting blame onto me for this situation.
Chestertown is about to pass an ordinance that redefines terms codified at the State level with their own definition. That’s a major mistake.
But, what happens to the person that points this out? They’re the bad guy.
This is precisely why I won’t be attending the meeting on Monday night — this isn’t about me… this is about the issue. And, unfortunately, too many people want to conflate the two.
Christine Betley says
Mr. Shertz, I have responded to you directly and look forward to your radio address on Monday.
Though, I think it is appropriate to clarify publicly that I am not “casting blame” or identifying you as “the bad guy”. This would only even have the potential to be true, if I agreed with your pretext that the proposed ordinance represents a “failing” or is a “major mistake”. However, at my present understanding of the needs of a prospective microbrewery, I do not share your sentiment and I recognize this action as a concerted effort to improve opportunity in our town. My comment was simply to illustrate that you and every other citizen has a voice in this community and that there are forums for productive dialog. My regret is that when these forums are not properly utilized the valuable skills and knowledge in our community become wasted in flawed communication and angry exchanges.
Editor says
The Spy reminds our readers that comments should be directed at the issue not the person.
Thank you.
matthew weir says
Interesting that you go after me as a ‘board member of Washington College. ‘ I wonder why you did not say real estate investor? My comments here have nothing to do with Washington College.
Kevin Shertz says
I don’t know why a prior comment of mine wasn’t approved, but let me try to replicate it…
Matt, a brewpub is a restaurant that makes its own beer, not a brewery. I know you’re angling for a brewpub to happen here. Go for it. Have fun. Personally, I have zero interest in the restaurant business.
Kevin Shertz says
Oh, Matt, I forgot to add:
I’ve actually looked at a number of commercial spaces over the past year. You have no idea what you’re talking about when you say I’ve failed to do my due diligence. I have. The numbers don’t work.
If you can make them work for you, go for it!
Bob Kramer says
Kevin… maybe you should move to Montana where they know the difference between a micro-brewery and a brew pub… and you’ll be welcomed with open arms. Let me know if you decide to move… and we’ll be out there to visit you every year.
BTW, don’t trust wine drinkers to understand beer. 🙂
Donald Sparks says
This is just and observation,it looks like to me that you should check Rock Hall out much more business friendly and cheaper rents or leases.
Why bother with Chestertown. Let them go. Bye.See Ya!
Bob Ortiz says
I’ve been reading this conversation and previous ones involving the micro-brewery issue and it all leaves me scratching my head. I’m going to assume that there are no hidden agendas (not always wise to do) on anyone’s part. What seems clear however is that language is a problem here and when it comes to ordinances, comprehensive planning and zoning, language matters. Perhaps I’m wrong but I get the sense that some of the people responsible for the decision making process are not understanding the difference between a brewery and a microbrewery…not a new concept in many places but seemingly so here in Kent County.
I understand a micro brewery to be a neighborhood place where I can have a beer made on site, get to know the brewmaster, have his or her take on how the beer is made, try this season’s recipe, meet some friends, have a meal, perhaps take home a 6 pack of “Chester River Ale” and go home. I don’t understand how you’d craft an ordinance, trying to help a micro-brewery and then say that what they make can’t be consumed where it is made. As I see it, you don’t understand the nature of that business. I’ve only been to a few micro breweries but in all of them I drank the beer sitting at a table, with food, watching the process of beer being made through the glass. Is there something here that I’m missing? Would you tell a vineyard that their wine can’t be sold on their premises?
In one of the prior on line conversations I understood that someone pointed out that zoning would have allowed for such an establishment in the Chestertown Industrial Park. Again, if that’s the case, then this is a example of change outpacing some segments of the community’s ability to understand. A place like this belongs downtown. There are three empty lots within 50 yards of the front door of my studio on Cross Street…a microbrewery on one of those lots with a long term lease for a landlord and a place to build a business for a brewmaster…sounds like a good fit for a Chestertown to me…am I missing something (other than the $$$ to make it happen?)
Bob Ortiz says
Well…it would appear that I am one of the persons who does not know the difference between a brewery, a micro brewery and a brew pub. It seems that what I described – a neighborhood place where one can sit down, savor a locally made beer, speak with friends and the brew master, have a bite to eat, watch the process of making the beer and take home a six pact of “Chester River Ale” is in fact a” brew pub.” Who knew?…I thought that was a micro brewery…so…now I know better. This type of establishment, if my information is correct, is allowed under the present zoning regulations, in town. I don’t know if this sheds any more light on the conversation but I thought others might want to know so that everyone is on the same page, so to speak.
Carla Massoni says
Do you drink wine?
matthew weir says
Bob,
I have been working on a business plan that does exactly what you describe for the lot across the street from your shop. I am eager to bring business downtown and to see a lot that I am an owner of be put into good (yes, and profitable!) use. The model I have in mind would be like Duclaw in Baltimore, Iron Hill Brewery (various locations) or Dog Fish’s in Delaware. The facility would brew its own beer and serve food.
While I have not gone public with the information until now, I would be very happy to meet with anyone who is interested. I have to say that I would like to raise a significant amount of money from the local populace to ensure that people believe in the idea. I think it is safe to say that if the market wants it, the brew pub can become a reality!
Kevin Shertz says
Well… at least now the zoning intent is now crystal clear… and why I’ve been given such a hard time. The Town wants a brewpub, not a microbrewery. Best of luck with your project.
Ed Plaisance says
Forget the food part for the time being…get with Kevin Shertz and make a MICROBREWERY happen, please. I’ll bring my jar of Planters peanuts to his microbrewery.
Ben Ford says
Hear Hear!