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Old 01-26-2011, 04:23 AM   #11
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Serve/sell, fine - they can't serve homebrew. What does this permit allow that's different? Honest question, I'm not being snarky. A bar can't buy your homebrew and sell it to their customers, but this permit will allow you to serve your homebrew commercially? There's still homebrew going one way and money going the other, whether from the patrons or from the party's host. I'm not understanding how this loophole exists, if it does.

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Old 01-26-2011, 05:29 AM   #12
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Originally Posted by the_bird View Post
Serve/sell, fine - they can't serve homebrew. What does this permit allow that's different? Honest question, I'm not being snarky. A bar can't buy your homebrew and sell it to their customers, but this permit will allow you to serve your homebrew commercially? There's still homebrew going one way and money going the other, whether from the patrons or from the party's host. I'm not understanding how this loophole exists, if it does.
Agree. It's not a loophole really. Tax man doesn't get fooled by playing two degrees of separation. It's like the guys at the swap meets that put a sign up saying "buy a bolt for $2 and get a free beer".
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Old 01-26-2011, 05:49 AM   #13
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It's even less subtle. Federal law permits brewing for personal use and consumption. Taking your beer to a catered event is no longer personal consumption. The permit to dispense and serve alcoholic beverages allows you to do one of two things depending on the license itself, t's either:
a. Purchase beer, wine and /or liqour from a licensed retailer or distributor for the purposes of resale at a catered event (in this case the booze is yours and you are re-selling and you have to deal with taxes and bonding associated with the drink)
or b. it's a license to dispense beer, wine and / or liquor purchased from a licensed retailer or distributor by the private party or daily license holder for the purposes of consumption at the event. (in this case the booze isn't yours and you can't bring it or take it home with you)

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Old 01-26-2011, 03:54 PM   #14
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Good points. The concept of "donating" the beer to the people holding the event is a sham because that donation is contingent upon the contract to serve. Imagine offering to donate 3 kegs to an event and saying, it would be great if you hired me to serve it but you can hire someone else if you'd like. Doubtful.

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