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Old 09-12-2012, 04:05 AM   #11
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Originally Posted by HaveADrinkOnMe
I seriously can't be the only homebrewer that had the thought cross their mind to commercially brew beer
Hmm... you could be, though

Cheers, pal.
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Old 09-12-2012, 04:10 AM   #12
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No, but if you want to sell beer that you make, you have to get a small beer producer's license, a brewer's bond ($1000 if your state is cheap) and pay rent on a space that is not your home. Which makes any beer you produce there not home brew. You cannot, in any state, make beer you brewed in your home.

Hope you're lawyered up if you want to become a professional brewer- and that's what you'll be. If I play basketball, I'm a basketball player, but if someone pays me to play basketball for them, I'm a professional basketball player. You'd be a professional brewer with a licensed brewery, not a homebrewer.

Even if you stick to 5 gallon batches and plan to lose money for the rest of your life, you still need to rent a space, apply for and be granted a fictitious business name, get a business license with your city or county, apply for and be granted your state and federal small brewer's licenses, brewer's bond, various insurances (liquor liability at a minimum, if you're smart), get your rented space inspected regularly by the ABC, TTB, OSHA, and DOH if your county wants in on the action. Then you need to pay rent, utilities, and upkeep on a brewery you can't legally operate during the 90 days it will take to get your licenses, if every single thing you own and built was up to code and you are familiar with the phone book that is alcohol law.

You can, in some very special unincorporated areas, get a special use permit to re-zone a separate building on property you own (eg a garage) but you don't get to skip out on all the lovely licensing and inspections. Even that's if your community wants another brewery. If they don't, you get to go to all sorts of special hearings before anyone will even think about giving you a license to brew beer.

Once you've succeeded with all the easy stuff, then you have to meticulously record every millileter of beer you ever produce and make sure that every single person who was involved in the ratification of your brewery as a commercial enterprise "gets theirs." If you don't dot a T or cross an I, the Fed (or whoever you accidentally shorted) will go after you for everything you've got, regardless of if your'e a sole proprietor, an LLC, or a Corporation (gasp!).

Not trying to be discouraging, although that's the way it sounds, that's just reality. Ask me how I know.

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Old 09-12-2012, 04:14 AM   #13
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I'm ambitious enough to not let the legalities get the best of me

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Old 09-12-2012, 04:14 AM   #14
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The probrewer link speaks volumes. Federal law PROHIBITS the sale of homebrew. The same law that lets us legally make our delicious beverages. When you go to sell homebrew you are no longer a homebrewer also as previously mentioned.

I have a bar all set up that is trying to figure out how they can sell homebrew that our club makes. The problem is they can not. I knew this but the guy was insisting that I must be wrong, then asked about brew on premises. I directed him to probrewer and the TTB site. I suspect when he spends 5 minutes looking into "what it takes" he will settle for just letting us have our meetings at his place and sampling our beers with us... which is what I suggested BTW.

If you want to make a little money selling your beer you need to start with a HUGE pile of money. The risk is ridiculous and the return marginal. I personally would rather hot oil wrestle other humans for $100 a round, it would be less competitive.

Sure we have all heard "ZOMG you should sell this!" from friends and family. They ALL think that "you could make millions" with YOUR recipe. They fantasize about being in NASCAR and having supermodels advertising the beer...truth is, it isn't that way...

If more homebrewers just tried to MAKE MORE HOMEBREWERS instead of wasting as much effort trying to figure out a loophole (which there is not) to sell their swill to everyone they know, they would have realized that they are missing out on free craft beer with none of the work...

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Old 09-12-2012, 04:15 AM   #15
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Quote:
Originally Posted by HaveADrinkOnMe View Post
I seriously can't be the only homebrewer that had the thought cross their mind to commercially brew beer
Quote:
Originally Posted by evrose View Post
No. No one has ever done that. You'd be the first to try.

http://www.probrewer.com/

Read your own thread?
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Old 09-12-2012, 04:23 AM   #16
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so depressing...just do a search..there are literally hundrends of threads about this........seriously though start a Kickstarter and maybe somebody will fund your homebrewing endeavours.

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Old 09-12-2012, 04:24 AM   #17
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Originally Posted by HaveADrinkOnMe View Post
I'm ambitious enough to not let the legalities get the best of me
As long as you want to follow the law, and are mindful of just HOW MANY laws there are regarding not just the production of beer, but the production of alcohol as a commodity, the formation of a company, the practice of commerce, and the employment of laborers (remember- you are an employee), it is of course possible. Are you drinking beer someone else made? Then they were able to do it. It is not a thing to be undertaken lightly.

Remember that my long-ass posts are the shortened, abridged, truncated version of the Reader's Digest account of the few things I feel like talking about among the myriad things I had to do between the million other things you'll need to do to open a brewery.

It can be done, though, of course. Where would we be if nobody bothered?
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Old 09-12-2012, 04:26 AM   #18
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Well if anyone with an idea and a dream gave up in the face of adversity we wouldn't be where we are today

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Old 09-12-2012, 04:28 AM   #19
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Originally Posted by Zamial View Post
If you want to make a little money selling your beer you need to start with a HUGE pile of money. The risk is ridiculous and the return marginal. I personally would rather hot oil wrestle other humans for $100 a round, it would be less competitive.

Sure we have all heard "ZOMG you should sell this!" from friends and family. They ALL think that "you could make millions" with YOUR recipe. They fantasize about being in NASCAR and having supermodels advertising the beer...truth is, it isn't that way...

If more homebrewers just tried to MAKE MORE HOMEBREWERS instead of wasting as much effort trying to figure out a loophole (which there is not) to sell their swill to everyone they know, they would have realized that they are missing out on free craft beer with none of the work...
Oh man, THIS. THIS times ONE THOUSAND. Who said we were talking about making money? You want to make money brewing beer? If you want to make money brewing beer, go work for a professional brewer. Don't become one.

If that was ever the intent of someone posting a random question on the internet, that person should go home, brew some more beer for ten or twenty more years, and then found a number (which should be greater than two) of other successful businesses before they decide they think they can break even.
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Old 09-12-2012, 04:28 AM   #20
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Originally Posted by HaveADrinkOnMe View Post
Well if anyone with an idea and a dream gave up in the face of adversity we wouldn't be where we are today

That is why we are all still homebrewers.........
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