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Old 11-21-2012, 03:25 PM   #1
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Default Serving free samples at a business

Hey everyone,

A friend of mine is having a grand re-opening after remodeling her storefront. She asked me to bring some homebrew to serve, for free, 1 serving per person, to anyone that shows up with a valid ID and is 21+ years old.

I am curious if anyone has any insight on this. I am assuming it is completely legal since I'm giving it out for free. I cannot find any info relating to my state of Pennsylvania. I cannot imagine it being illegal in anyway since I will not be accepting any sort of anything in exchange for the beer. Just giving out 1 serving in order to get feedback on my beer and provide refreshments for the people who show up.

I am not asking for legal advice here...just if anyone has any sort of insight to give me.

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Old 11-21-2012, 03:51 PM   #2
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I am highly doubtful it's legal.

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Old 11-21-2012, 03:54 PM   #3
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This is what I get from the pitiful PLCB website when I searched 'homebrew samples':

Section 13.51 of the Board’s Regulations provides that no licensee or group of licensees, their servants, agents or employees, may directly or indirectly, in person, individually or through a trade organization, contribute to or accept from another licensee or group of licensees of a different class, their servants, agents or employees, or a trade organization of licensees of a different class, anything of value by means of advertisements, contributions, purchase, sale of tickets, donations or by any device for any purpose. [40 Pa. Code § 13.51]. Accordingly, a retail licensee, such as yourself, would be prohibited from accepting donations of beer from manufacturer or distributor licensees.

If the association in question is not a manufacturer or distributor licensee, there is nothing in the Liquor Code or the Board’s Regulations that prohibits an individual from donating his/her own beer to any establishment, whether or not the establishment possesses a license issued by the Board. [40 Pa. Code § 13.51]. Generally, the Liquor Code permits a person to produce up to two hundred (200) gallons (per year) of malt or brewed beverages without a license. [47 P.S. § 4-492(1)]. However, these malt or brewed beverages may not be sold or offered for sale. [47 P.S. § 4-492(1)].

The alcohol, however, must be legally procured in the Commonwealth of Pennsylvania. Generally, a brewery license is required to produce and manufacture malt or brewed beverages. However, malt or brewed beverages may be produced by any person without a license if such malt or brewed beverages are produced not for sale and total production does not exceed two hundred (200) gallons per calendar year. [47 P.S. § 4-492(1)]. “Sale” is defined as any transfer of liquor, alcohol or malt or brewed beverages for a consideration. [47 P.S. § 1-102].

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Old 11-21-2012, 04:22 PM   #4
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Quote:
Originally Posted by ziggy13 View Post
This is what I get from the pitiful PLCB website when I searched 'homebrew samples':

Section 13.51 of the Board’s Regulations provides that no licensee or group of licensees, their servants, agents or employees, may directly or indirectly, in person, individually or through a trade organization, contribute to or accept from another licensee or group of licensees of a different class, their servants, agents or employees, or a trade organization of licensees of a different class, anything of value by means of advertisements, contributions, purchase, sale of tickets, donations or by any device for any purpose. [40 Pa. Code § 13.51]. Accordingly, a retail licensee, such as yourself, would be prohibited from accepting donations of beer from manufacturer or distributor licensees.

If the association in question is not a manufacturer or distributor licensee, there is nothing in the Liquor Code or the Board’s Regulations that prohibits an individual from donating his/her own beer to any establishment, whether or not the establishment possesses a license issued by the Board. [40 Pa. Code § 13.51]. Generally, the Liquor Code permits a person to produce up to two hundred (200) gallons (per year) of malt or brewed beverages without a license. [47 P.S. § 4-492(1)]. However, these malt or brewed beverages may not be sold or offered for sale. [47 P.S. § 4-492(1)].

The alcohol, however, must be legally procured in the Commonwealth of Pennsylvania. Generally, a brewery license is required to produce and manufacture malt or brewed beverages. However, malt or brewed beverages may be produced by any person without a license if such malt or brewed beverages are produced not for sale and total production does not exceed two hundred (200) gallons per calendar year. [47 P.S. § 4-492(1)]. “Sale” is defined as any transfer of liquor, alcohol or malt or brewed beverages for a consideration. [47 P.S. § 1-102].
The way I read that says that unless you are licensed to produce or distribute beer in the Commonwealth of Pennsylvania, you may contribute (donate) any amount of beer you brew (up to 200 gallons) to anyone you want over the legal drinking age as long as you don't ask for or accept any form of "consideration."

The above poster is not a licensed attorney nor is he allowed to practice law in the Commonwealth of Pennsylvania. Any opinions expressed are those of a drunken amateur that happened to sleep at a Holiday Inn Express last night after consuming enough homebrew to float a battleship. Such opinions should be viewed with a jaundiced eye, which shouldn't be too difficult for another homebrewer.
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Old 11-21-2012, 04:26 PM   #5
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They might construe bying something from his friend's store to be "consideration" though?...
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Old 11-21-2012, 04:26 PM   #6
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The law our homebrew shop in PA falls under says we can give out as many samples as we want assuming we made the beer/wine for our own personal use and not for sale. There is a limit on the size of sample given which is 5oz. There isn't anything stopping a person from drinking as many 5oz samples as they want though. I say go for it...

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Old 11-21-2012, 04:26 PM   #7
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I am not any attourney....but I cannot see how this could possibly be illegal.

Is it illegal for me to have a cookout and give my guests (of legal drinking age) beer? NO

Restaurants in PA (at least York COunty) that do not have a liquor license can legally allow you to bring your own alcoholic beverages in for consumption......

Also, my wife goes to a hair solon where theye serve wine for free.....no liquor license...it is a courtesy....

Is it illegal for a business that has a golf outing to give their clients beer....??? NO

I cannot see any reason why this would be illegal....based on the above....but again...not a lawyer....

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Old 11-21-2012, 04:27 PM   #8
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They might construe bying something from his friend's store to be "consideration" though?...
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Old 11-21-2012, 04:29 PM   #9
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Quote:
They might construe bying something from his friend's store to be "consideration" though?...
I would think that as long as you don't attach any sort of required purchase to getting the free beer sample...that it would not be a "consideration"....i.e. dont tell people they have to buy something in order to get the beer....which obviously you are not planning on doing....
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Old 11-21-2012, 04:38 PM   #10
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eff the police, do what you want. tell the rest to go to hell.

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