ST. CROIX — Its bar serves handcrafted spirits distilled from sugarcane farmed and harvested on location in Frederiksted, but the company is operating without all the required business licenses.
Prosperity Farm Distillery and Raising Cane in Frederiksted have been cited by the Virgin Islands Department of Licensing and Consumer Affairs and fined $5,500 for violations that include operating without a business license and operating outside the scope of the issued license, according to a DLCA official.
While the business has a valid farming license, the distillery’s bar and event space fall outside the approved business license. The license category for Prosperity Farm Distillery/Raising Cane is “Commercial Farming of Plants & Animals,” according to Licensing and Consumer Affairs Commissioner Nathalie Hodge. DLCA issued citations to both entities on June 24 and 28, August 28, and September 26.
On Friday, Prosperity Farm Distillery/Raising Cane applied for a new category of business license — “Cabaret/Lounge | Tavernkeeper A (Distilled & Fermented),” according to Hodge. However, she noted that the entities have received a denial from the Department of Planning and Natural Resources due to the zoning.
When questioned about pending issues DPNR has with Prosperity Farm Distillery/Raising Cane, Jamal Nielsen, the agency’s spokesperson, indicated information was still being gathered.
Despite operating in violation of licensing requirements, Prosperity Farm Distillery features DLCA’s director of Enforcement, Wilbur Francis, in multiple advertisements on its Facebook page. An ad from October 25 shows a photo of Francis pouring a drink from behind the bar, while an ad from October 28 promoting farm tours shows a photo of Francis interacting with two others in the sugarcane field. Other ads promoting farm tours that were posted on October 13 and 29 feature photos of Francis engaging with individuals on the property at Prosperity Farm Distillery.
Hodge wrote in an email response to WTJX that Francis’ appearance in the promotional material disseminated by Prosperity Farm Distillery — while perhaps not ideal in appearance — did not constitute a breach of his official enforcement duties. She added that Francis’ attendance at the event provided an opportunity to observe the establishment’s operations firsthand and gather information for regulatory assessment. She noted that Francis evaluated the scope of the business’s activities during his visit and identified additional licenses required for compliance, including “Primary Distiller of Alcoholic Beverages,” “Nightclub,” and “Rental of Commercial Space.”
Francis’ observations directly initiated subsequent enforcement actions, according to Hodge. She noted that both Prosperity Farm and Raising Cane were issued multiple citations between June and September, underscoring that DLCA’s enforcement activities remained active, impartial, and unaffected by the Prosperity Farm visit. She stressed that DLCA takes seriously matters related to the conduct of its officers and employees.
Raising Cane grows sugarcane on its farm at 180 Mahogany Road across from Rainbow Beach in Frederiksted, known as Prosperity Farm, according to its website.
The sugarcane is harvested, milled, and crafted into spirits in copper pot stills at Prosperity Farm Distillery, the island’s only farm-to-bottle distillery, according to the distillery’s website. Prosperity Farm Distillery, which opened in June, handcrafts six spirits distilled from cane grown and milled on the farm. In addition to providing guided tours through the sugarcane fields and hosting live bands, Prosperity Farm Distillery offers rental units for visitors and serves as a venue for weddings and other events.
Although DLCA has cited and fined Prosperity Farm and Raising Cane, Hodge said the department does not possess the authority under Virgin Islands law to shut down the business. While she clarified that DLCA can grant, suspend, or revoke business licenses and permits, she indicated such authority must be exercised in accordance with due process. Before any suspension or revocation can occur, she wrote that the affected party must receive prior notice of the alleged violation and be afforded an opportunity for a fair hearing.
As DLCA continues regulating Prosperity Farm Distillery/Raising Cane, the agency has scheduled an administrative hearing for November 18. Until the administrative process concludes, Hodge noted that DLCA must allow the business the opportunity to be heard, as required by law.
*This article has been updated after incorrectly stating that Hodge did not respond to inquiries made regarding Francis’ appearance in Prosperity Farms promotions. Regrettably, her email response was missed.
