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-   -   Brew on Premises Laws?? (http://www.homebrewtalk.com/f14/brew-premises-laws-355207/)

Phunhog 09-18-2012 08:02 PM

Brew on Premises Laws??
 
I know it is a shot in the dark but does anybody know about Brew On Premise laws? According to this it appears it isn't regulated at the federal level. http://www.ttb.gov/beer/faqs.shtml#b1 I live in CA and there are handful scattered throughout the state so they must be legal. I can't find any information though regarding any sort of regulations and/or licensing specific to CA. I am waiting to hear back from ABC..just wondering if anyone else knew. Thanks.

Yooper 09-18-2012 08:24 PM

I don't know of any federal law at all covering BOP.

There have been a few I've seen in Michigan and Ohio. Actually, the one I saw in Michigan was a make-your-own-wine place with a tasting room and also sales of wine, but no beer that I know of.

I have to assume that it's a state-by-state thing. But of course, that is just my assumption and I don't know that for a fact.

MaltnHops 09-18-2012 09:22 PM

Contact BrewBakers to see if they can help you out. They're really cool there, and that's where the obsession started for me. http://www.brewbakers1.com/

duboman 09-18-2012 09:40 PM

Found this:
http://www.mysellbuy.com/California/...ness_Laws.aspx

Love2BrewCrew 09-18-2012 09:54 PM

The ABC for your state dictates this and it varies on a state by state basis. The most credible source of info you may find is contacting your ABC.

xmacro 09-18-2012 10:00 PM

Wikipedia says it's not regulated (thank God) by the Feds; it's left to the States: http://en.wikipedia.org/wiki/Homebrewing. Seems Alabama and Mississippi are the only ones that outlaw homebrewing

Of course, there's no way any State can figure how much you're brewing, so the 100 gallon limit is meaningless


Quote:

Individual states remain free to restrict or prohibit the manufacture of beer, mead, hard cider, wine and other fermented alcoholic beverages at home.[18] For example, Ala. Code 28-1-1 addresses the illegal manufacture of alcoholic beverages in Alabama, and no other provision of Alabama law provides an exception for personal use brewing.
However, most states permit homebrewing, allowing 100 gallons of beer per adult per year and up to a maximum of 200 gallons per household annually when there are two or more adults residing in the household.[19] Because alcohol is taxed by the federal government via excise taxes, homebrewers are restricted from selling any beer they brew. This similarly applies in most Western countries. In 1979, President Jimmy Carter signed into law a bill allowing home beers, which was at the time not permitted without paying the excise taxes as a holdover from the prohibition of alcoholic beverages (repealed in 1933).[18] This change also exempted home brewers from posting a "penal bond" (which is currently $1000.00) which had the prohibitive effect of economically preventing brewers of small quantities from pursuing their hobby.[citation needed]
Home distilleries on the other hand, are illegal

Quote:

Regulated at the National level under USC Title 26 subtitle E Ch51. Production of distilled alcohols for consumption carries an excise tax and numerous requirements must be met to legally produce.[20]
Owning or operating a distillation apparatus without filing the proper paperwork and paying the taxes carries federal criminal penalties.[21]

david_42 09-18-2012 10:54 PM

In California brew on premises are classified as remote home brewing outlets. This means the homebrewer must be present during the brewing process. Once the yeast is pitched, they can go home and come back when it's bottling time.

Firebat138 09-18-2012 11:11 PM

WHAT!!!

I have watching my fermentation the whole way through....

DAMN!!! :-)


Quote:

Originally Posted by david_42 (Post 4424176)
In California brew on premises are classified as remote home brewing outlets. This means the homebrewer must be present during the brewing process. Once the yeast is pitched, they can go home and come back when it's bottling time.


sloose 09-19-2012 12:06 AM

The local BOP got me into the fricking mess of a hobby! Here in NJ the brew is considered homebrew, and therefore limited to thte 200gals/year. BOP is expensive though compared to homebrewing. A 15 gal extract batch runs about $200, not including bottles. You do get to sample their beers on tap though while you are there for brew day. I've found some excellent kits there that way.

Phunhog 09-19-2012 12:58 AM

Quote:

Originally Posted by david_42 (Post 4424176)
In California brew on premises are classified as remote home brewing outlets. This means the homebrewer must be present during the brewing process. Once the yeast is pitched, they can go home and come back when it's bottling time.

Thanks for all the responses!! I have contacted the ABC and a brew on premise store (BrewBakers) and am awaiting a response. Here is my situation....I am often asked to brew beer for other's special events( parties, charity functions, etc). I love doing it but it does take quite a bit of my time and money. Obviously I know that I can't sell it so let's not even go there!! It would seem that as long as there aren't any special licenses/permits involved I could have a brew on premise operation. This would allow me to charge for the use of my equipment, supplies, time, etc....and still stay within the law. They would have to help in the brew process( pitch yeast) to also stay legal.


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