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Old 02-14-2011, 04:03 AM   #1
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Default Serving homebrew at a wedding in TX... legal?

Hey all,

A close friend of mine asked me to brew a couple kegs for her wedding. I'm really excited! But, I want to make sure it, yanno, legal.

I live in Texas. The wedding will also be in Texas. I found what I think are the laws regulating homebrew... I can make up to 200 gallons per year, yadda yadda. The part about transporting and serving specifically calls out the purpose of organized tasting, literary review etc:

From Texas statute Title 4, Chapter 109, Subchapter B, §109.22

Quote:
(b) For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:

(1) no charge of any kind is made for the wine, ale, malt liquor, or beer, for its delivery, or for attendance at the event; and

(2) the commission consents in writing to the delivery.
This isn't any of those things. It's a party. I guess it could be an organized tasting/evaluation. Even still, do I need TABC to authorize it in writing???


Anyone have any ideas what exactly is legal in Texas? The event has a high probability of being held in an old historic courthouse (HA!), and the caterers don't care about where the alcohol comes from.

I've got until Fall 2012 to figure this out and get brewing!
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Old 02-14-2011, 04:14 AM   #2
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It's totally legal. I brewed 15 gallons for a friends wedding back in October.

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Old 02-14-2011, 04:14 AM   #3
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Don't complicate things. Brew the beer, bring it and drink it.

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Old 02-14-2011, 04:19 AM   #4
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Quote:
Originally Posted by Weizenwerks View Post
Don't complicate things. Brew the beer, bring it and drink it.
Good call.
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Old 02-14-2011, 04:28 AM   #5
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I disagree and say it is likely not legal because a wedding is not any of the things listed in the law, nor is it very similar to it.

You could petition the TABC for an official written authorization, although I don't know what your chances are of getting an actual response in writing (for very boring legal reasons). If you call up and somebody tells you it's ok, unless it is the head of the TABC or the attorney general it is not going to mean anything.

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Old 02-14-2011, 04:52 AM   #6
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I disagree and say it is likely not legal because a wedding is not any of the things listed in the law, nor is it very similar to it.
Then it's legal since the action is not disallowed. Get it? The statute addresses something completely different than what event will take place therefore said statute is irrelevant. American Law 101.
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Old 02-14-2011, 05:37 AM   #7
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If the caterer does not care about the source of the beverages, I'm sure you wouldn't have a problem. I doubt anybody is going to perform an ABC inspection during a wedding, unless somebody has a grudge with your friend. Trust me, petitioning any government body for permission will only open up a can of worms that never would have been opened otherwise. As long as you're not selling the beer or serving minors, I don't foresee a problem. But then again, I'm not a lawyer or ABC official. Hell, I don't even live in Texas. Post pics if you get arrested, lol. Just kidding. About getting arrested. You do know what they do to rogue homebrewers in prison, don't ya boy? lol.

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Old 02-14-2011, 10:01 AM   #8
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Should be fine, but there's very little use petioning anybody, especially since the law doesn't appear to call for it.

Liquor laws and sales here are often pretty draconian, but you can serve homebrew at a private event (meaning admittance is restricted to invitees, or in the cases of clubs, members) if it's not being sold.

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Old 02-14-2011, 12:23 PM   #9
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Its common for the caterers to charge a "corking fee" so they can get a part of the action....at least from what I've heard. Have you checked into that?

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Old 02-14-2011, 12:33 PM   #10
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For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public


Ok, so the wedding = event closed to general public. You can print up some score sheets and leave them under a table, there's the evaluation. Not your fault if people don't see them. Besides, the "evaluation" says nothing about it being written down or recorded, unless it's utilizing a published reviewer. You're not so you're good. Brew it and have fun.

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