Sobering discovery: most Indy microbreweries in violation

They’re a “nuisance,” on par with slaughterhouses, tanneries, glue factories, bone factories or tallow chandleries.

They’re as “offensive to the senses,” as a starch factory, foundry or fertilizer plant.

They need to be a safe distance from populated areas, hospitals, children and parks.

What is this public health scourge?

Microbreweries.

While the number of small craft beer-makers has grown at a dizzying clip in recent years, a city official has stumbled on a sobering detail: most of them violate the municipal code.

The archaic ordinance governing breweries — from a by-gone era and never updated — lumps them in with other heavy industry. The notion of suds fermenting in a side room at a neighborhood restaurant was never contemplated by city fathers .

“This was obviously written with giant smoke-belching factories in mind and before anyone ever heard of a microbrewery,” said Deputy Corporation Council Samantha DeWester said, who discovered the oversight.

Section 391-114 of the Revised Code of the Consolidated City and County was probably crafted in the early 1900s, estimated Bob Elrod, the long-time attorney for Indianapolis City-County Council.

“It looks like a time when there were some fairly noxious industries,” Elrod said. “Back when there were factories that boiled and skinned animal carcasses and rendered hides, things like that.”

The ordinance prohibits breweries and distilleries from being within 1,000 feet — about two blocks — from “any established public building, park, playground, boulevard church, school, library, hospital or any established residential neighborhood comprising ten or more dwelling houses.”

“Doing so will constitute any of such businesses a public nuisance,” according to the ordinance. “Indecent or offensive.”

Most of the roughly 20 microbreweries in the city are probably be in violation of the current ordinance, DeWester said. She proposed deleting “breweries” and “distilleries” from the ordinance and Councilor Ben Hunter introduced the revision to the council. The changes are awaiting final approval.

DeWester, who recently championed changes to the loitering and solicitation ordinances, said the entire municipal code should probably be reviewed regularly. She goes through it when there has been a change in state law — and sometimes when she’s bored.

“I guess I’m one of those people whose idea of fun is reading the city code,” joked DeWester. “But it is important to revise the codes to simplify for law enforcement and citizens or to reflect modern society.”

Ted Miller, who owns two craft breweries, Brugge Brasserie in Broad Ripple and Outliers Brewing Co. in Chatham Arch, said he was surprised to hear he wasn’t in compliance, but it wasn’t exactly a buzz kill.

“That’s hilarious,” he said. “In that case I’m in violation about five different ways. I guess it isn’t that big of a deal to the city because I’m still open.”

He said Outliers, 534 N. St., is surrounded by homes, near a park and close to a firehouse.

“I think about 2,000 people live within a thousand feet,” he said.

His Broad Ripple restaurant, which brews about 310 gallons of beer a week, is near Broad Ripple High School and an apartment complex

Miller said the waste he produces cleaning the inside of the brewing tanks is equal to about what a commercial kitchen produces.

“Certainly less than a hotel,” Miller said.”It’s a really small carbon footprint.”