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.

I am highly doubtful it's legal.

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].

ziggy13 said:

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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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.

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...

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....

unionrdr said:

They might construe bying something from his friend's store to be "consideration" though?...

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Don't pay cash.

They might construe bying something from his friend's store to be "consideration" though?...

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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....

eff the police, do what you want. tell the rest to go to hell.

I actually talked to the LCB on the phone and it appears I'm good to go as long as everything is totally free and they're 21+. Also from what they told me, the sample size must be limited to 12 oz or less, and there is no limit on how many samples they can have...though we cannot serve a visibly intoxicated person. Not sure where the 5oz rule came from Gitmoe, but from my research talking to the LCB and on their website, it says 12 oz. I could be 100% completely full of crap though, so take that with a grain of salt.

Does your friend have a license to server alcohol?
Also in some states (Washington for example ) you can not server free beer to the public under most circumstances.

Might be flirting with disaster.

That's not even looking at the homebrew side of it.

Our state only requires a license to sell alcohol.

One other thing may be to check your homebrewing laws in PA. Here in California, homebrewed beer cannot be transported outside the home it was brewed at for any other reason than competition. Apparently homemade wine can be transported for "tastings" as well, but there is no such language in the homebrewed beer section.

Be sure you serve the cops first and everything should be ok.
P.S. dont forget donuts

daksin said:

One other thing may be to check your homebrewing laws in PA. Here in California, homebrewed beer cannot be transported outside the home it was brewed at for any other reason than competition. Apparently homemade wine can be transported for "tastings" as well, but there is no such language in the homebrewed beer section.

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Uh, so is the AHA working on getting the language changed?!?!

I was not aware of this being a distinction here, but, if it is, there are thousands of homebrewers who are constantly in violation of the law. Pretty much makes gatherings like the Northern California Homebrewers Festival as well as it's Southern equivilant more than a trifle problematic...

Shooter said:

Uh, so is the AHA working on getting the language changed?!?!

I was not aware of this being a distinction here, but, if it is, there are thousands of homebrewers who are constantly in violation of the law. Pretty much makes gatherings like the Northern California Homebrewers Festival as well as it's Southern equivilant more than a trifle problematic...

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Here's the relevant CA text:

"Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers' contests, tastings, or judgings."

So organized events are acceptable. I would consider any gathering of homebrewers sharing their product to be an "organized tasting" and let it go at that.

ktblunden said:

Here's the relevant CA text:

"Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers' contests, tastings, or judgings."

So organized events are acceptable. I would consider any gathering of homebrewers sharing their product to be an "organized tasting" and let it go at that.

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The problem is that the language starts out with "...may be removed from the premises where manufactured for use in competition at organized affairs..." whereas the wine statute has the same list of events, but does not start out with "for use in competition." It's that difference in the language between the beer and wine sections that makes me read it in such a way that that "for use in competition" applies to everything after that bit of text.

It's a bit ambiguous, and you're certainly not going to be cited for bring beer to a homebrew club or private party, but it's something you need to be aware of when handling your homebrew.

Alcohol: serious business.

Edit: here are the two bits side by side. They are noticeably different (emphasis mine)

"(c)Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers' contests, tastings, or judgings.

(d)Any wine made pursuant to this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions or competitions, such as homemaker's contests, tastings or judging. Wine used under this section shall not be sold or offered for sale."

That is typical California Law / Politicians trying to control every aspect of your life....overstepping their bounds......and that is too bad.

Fortunately we don't have that issue here in PA........so it looks like you are good to go based on all the posts here specific to PA....but again....not a lawyer

mgortel said:

That is typical California Law / Politicians trying to control every aspect of your life....overstepping their bounds......and that is too bad.

Fortunately we don't have that issue here in PA........so it looks like you are good to go based on all the posts here specific to PA....but again....not a lawyer

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Yea, alcohol law in PA is totally reasonable



Anyway, OP- the gist of it is be very familiar with your local law!

daksin said:

The problem is that the language starts out with "...may be removed from the premises where manufactured for use in competition at organized affairs..." whereas the wine statute has the same list of events, but does not start out with "for use in competition." It's that difference in the language between the beer and wine sections that makes me read it in such a way that that "for use in competition" applies to everything after that bit of text.

It's a bit ambiguous, and you're certainly not going to be cited for bring beer to a homebrew club or private party, but it's something you need to be aware of when handling your homebrew.

Alcohol: serious business.

Edit: here are the two bits side by side. They are noticeably different (emphasis mine)

"(c)Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers' contests, tastings, or judgings.

(d)Any wine made pursuant to this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions or competitions, such as homemaker's contests, tastings or judging. Wine used under this section shall not be sold or offered for sale."

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I did look up the legal section after reading this earlier. I suspect you are being too aggressive in your interpretation of the section. It says you can remove beer for various reasons. The inclusion of tastings seems to be pretty wide open for anything where drinking beer is involved.

Shooter said:

I did look up the legal section after reading this earlier. I suspect you are being too aggressive in your interpretation of the section. It says you can remove beer for various reasons. The inclusion of tastings seems to be pretty wide open for anything where drinking beer is involved.

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That certainly may be the case- like I said the probability of getting cited for any of this is miniscule anyway- the point is to be very aware of your local law, which varies drastically.

As far as CA goes....I have done tastings both private and public many times. I think it really depends on who you talk to at the CA ABC ....it is certainly open to interpretation. As someone else mentioned we have two HUGE homebrew festivals here in CA that have been happening for over a decade...not to mention CA has hosted the NHC many times.

My LHBS will let you brew on their equipment(at their expense) to give it out to customers for free. They had SLED check it out, totally legal.

Shooter said:

I did look up the legal section after reading this earlier. I suspect you are being too aggressive in your interpretation of the section. It says you can remove beer for various reasons. The inclusion of tastings seems to be pretty wide open for anything where drinking beer is involved.

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Yeah, I read it with an emphasis on tastings. You could probably read too aggressively into it, but I think the word "tastings" gives enough leeway.