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

(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.

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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!

It's totally legal. I brewed 15 gallons for a friends wedding back in October.

Don't complicate things. Brew the beer, bring it and drink it.

Weizenwerks said:

Don't complicate things. Brew the beer, bring it and drink it.

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Good call.

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.

ReverseApacheMaster said:

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.

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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.

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.

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.

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?

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.

broadbill said:

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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I haven't checked... but the bride is close friends with the caterer... They're catering her wedding at-cost.

ReverseApacheMaster said:

You could petition the TABC for an official written authorization

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Yeah, uh, definitely don't want to do that.

emjay said:

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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I think you're right... the laws here all seem to relate the the sale of alcohol. The more I think about it, I don't see this any different than having people at the house, except we're not at the house, and there will be many, many more people.

Bruin said:

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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Don't taze me, bro!!!

If I'm arrested... for anything... there will be pictures and video. And it will be hilarious.

MeatyPortion said:

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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Is that WI law?

I'm brewing for my wedding reception too. It will be given out upon request. I asked the place holding the reception and doing the food and they didn't seem to have a problem with it since it's not being sold.

IANAL, but I would not advise the police or the liquor commission, because that's just asking for an inspection on wedding day. Also, there are dry counties in Texas where this may be an issue beyond simple transport and serving.

http://www.google.com/url?q=http://...zYBOZA&usg=AFQjCNFXxWm-9GaliyAAaSeCR1pv5Kc_oA

I would think the police have better things to do than bust someone's wedding, but you never know in Texas.

Oregon, oddly enough, recently declared that transport of homebrew outside the home where it is brewed is illegal.

http://oregonhomebrewersalliance.org/?m=201102

I think we're all over-thinking it. As long as the caterer is ok with it (since it's likely their ABC license on the line), then there shouldn't be anything to worry about because, let's be honest, all the guests at the wedding are going to be focused on the joyous occasion (homebrew included). Besides, are any of them really going to want to narc out a friend's wedding? My guess is no.

Also, I think that brewing the beer for a friend's wedding is a really awesome gift.

Also, I had no issues transporting and serving my homebrew kegs at my wedding last year in Virginia, an Alcoholic Beverage Control state. It was held at a private house, though. Several of the guests were members of the local sheriff's department and did not bat an eye at my rig. In fact, they were some of the hardest drinkers at the reception.

Most importantly...what are you brewing?

The venue your having the wedding at doesn't care, then go for it. You're not selling it. So you brought a bunch of beer for yourself to drink and your friends dipped into it. I don't see it being different than taking a 12 pack to a friends house and sharing. The wedding is a private event.

I think the consensus is, its fine, RDWHAHB. I'm OK with that! And the county that it'll be held in is wet, whew. Didn't think of that before, so thanks.

KozHops said:

Most importantly...what are you brewing?

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That I don't know... She liked the Agave Wit, but I want to make two or three brews for her. This will be a whole other thread.

Glad to hear Im not the only one. Planning to brew a few batches for my own wedding in October.

Keep me posted on how everything turns out.

SickTransitMundus said:

Oregon, oddly enough, recently declared that transport of homebrew outside the home where it is brewed is illegal.

http://oregonhomebrewersalliance.org/?m=201102

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Interesting. I've been breaking the law, A LOT!

ReverseApacheMaster said:

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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The law is very ambiguous and does not clearly lay out the parameters of what is and is not a "organized tasting/review", and henceforth this action must be legal.

RMitch said:

The law is very ambiguous and does not clearly lay out the parameters of what is and is not a "organized tasting/review", and henceforth this action must be legal.

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Unfortunately the law doesn't work like that... much of the job of the courts is to settle any ambiguities, and it often only happens after the fact. Criminal law is codified, yes, but there is still very much a common law approach when the law isn't 100% clear, and it rarely is. And in this case, no court would believe this event to fall within the law's intent, and we here pretty much all know damn well what the law is really referring to

That being said, it really shouldn't be an issue. The section of law he quoted simply has nothing to do with this event, and so whether or not a wedding is covered by it is completely irrelevant - the fact that it was referred to in the OP has created a bit of a red herring.

If both the caterer and venue are okay with it, there's no reason it shouldn't be fine, and it is largely their responsibility. I would just get their approval in writing if possible just in case, to prove that they were fully aware if it does become an issue. In all likelihood it's perfectly legal, and for something like HOMEBREW being given out for FREE at a PRIVATE WEDDING, I seriously doubt any sort of law enforcement would even become aware of the fact - legal or not. But the only way to know for (almost) certain is to consult with a lawyer, because the law is nowhere near as simple as looking up statutes - judicial precedents really make all the difference.

RMitch said:

The law is very ambiguous and does not clearly lay out the parameters of what is and is not a "organized tasting/review", and henceforth this action must be legal.

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I have seen similar comments when this question comes up, and it misses a very important point. State homebrew laws vary, but generally they exempt homebrewers from the usual licensing requirements for producing, transporting, and serving alcoholic beverages. They tell you what you can do without being licensed, not what you cannot do.

So, it's easy to find what appear to be loopholes in the law, because it does not expressly prohibit the exact thing you are planning to do with your homebrew. The laws you are looking at are just a tiny exception allowing homebrewers to do their thing in a highly regulated arena.

How much this matters is another thing altogether. It's not exactly a law enforcement priority.

the only thing i would make sure of is that there isn't a corking fee being applied. If there was, I could see how TABC would consider your beer being used 'for profit' even if it isn't you who's profiting. Then someone misses out on their taxes. Otherwise you are giving your beer away in a private setting.

I'd worry less about the legality and more about the liability. Sad truth is that we live in a very litigious country and people will sue for anything. I enjoy giving beer to friends but typically restrict what I give to people I completely trust. I'd worry if there were a lot of people at the wedding that I'd never met. I'd also keep and eye on the under 21 crowd as I remember weddings as a great place to score beer because all the "adults" were too busy or drunk to notice.

I don't think this is technically going to be legal. While the section the OP quoted specifically relates to homebrewer's, this isn't the section of the law that is going to apply to the situation. I was skimming through the TX ABC laws, and most of the laws state that anyone who provides alcohol for sale must either posess a permit that allows them to manufacture the alcohol themselves or they have to purchase the alcohol from someone who has a permit to manufacture or sell alcohol.

The fact that the OP wants to transport the beer is really a minor issue. Although, if you read through the laws, it could be considered a violation of the open container laws.

But I think it really goes back to what someone else already mentioned. If the caterer and the facilities manager are ok with it, then it's their resposibility. They are the ones that are at risk of losing their permits.

Weizenwerks said:

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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I guess I can stop going to law school since what I'm learning here is completely opposite of your understanding of the law.

scsi said:

I think you're right... the laws here all seem to relate the the sale of alcohol. The more I think about it, I don't see this any different than having people at the house, except we're not at the house, and there will be many, many more people.

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You have to go back and look at federal and state language legalizing homebrewing. Those laws permit you to brew for your household, except for the specific exceptions in the law. The language is inclusive, not exclusive, so only those acts within the scope of an interpreting authority's construction of the legalization statutes will be legal. Obviously you are not brewing for distribution to your household here so we will look at the exceptions.

I guess the best you get is trying to sneak it into an "organized tasting" exception. However, the purpose of the event is most attributable to whether it is an organized tasting or something else. It is obvious the purpose of a wedding reception is to celebrate the wedding, not to organize for the purpose of tasting beer. It is unlikely the TABC would believe otherwise and it would be unreasonable to expect them to do so.


All that said, I am just expressing an opinion on the state of the law and not whether or not you should do it.

If in doubt, just call it "Barley Flavored Wedding Punch" and all of your problems are solved.

ReverseApacheMaster said:

I guess I can stop going to law school since what I'm learning here is completely opposite of your understanding of the law.

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There is no law that states chewing bubble gum is illegal, therefore it is legal. If a law does not forbid something it is legal. If something is not illegal, then it is legal. If you do not understand this concept, you have no business being a lawyer and the law school you are attending should be shut down for incompetence. This is the basic and fundamental concept of law in America. This is taught day one in every law school and law class.

Weizenwerks said:

There is no law that states chewing bubble gum is illegal, therefore it is legal. If a law does not forbid something it is legal. If something is not illegal, then it is legal. If you do not understand this concept, you have no business being a lawyer and the law school you are attending should be shut down for incompetence. This is the basic and fundamental concept of law in America. This is taught day one in every law school and law class.

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Actually, no it isn't taught on day one, but I'm glad you have elevated yourself to the status of a law professor.

Your concept of law is incorrectly oversimplistic. Taking your example above, chewing bubble gum may not be expressly illegal, but there may be laws that broadly criminalize or otherwise disallow conduct that can be interpreted by authorities with the power to interpret the law to include chewing bubble gum. There can also be situations where legal conduct can be done in a time, place or manner that can push it into the bounds of illegal conduct in some form.

Additionally, the law does not operate in the vast majority of areas by making enumerated lists of illegal activities that leaves everything else legal. Again, legislative acts and administrative decisions/rules/regulations tend to be broadly written to include more than a finite list of activities. At times the law is written in a way that legalizing specific conduct that by exclusion bans all others. The above cited Texas code is a perfect example. It gives a finite inclusions of acts that are illegal and by nature of mutual exclusivity, those actions that are not included are excluded and therefore banned.

Just do it.

Its easier to ask for forgiveness than permission.

Wait... what's this trash about brewing only 200 gallons in a year? Whoops!

ReverseApacheMaster said:

Actually, no it isn't taught on day one, but I'm glad you have elevated yourself to the status of a law professor.

Your concept of law is incorrectly oversimplistic. Taking your example above, chewing bubble gum may not be expressly illegal, but there may be laws that broadly criminalize or otherwise disallow conduct that can be interpreted by authorities with the power to interpret the law to include chewing bubble gum. There can also be situations where legal conduct can be done in a time, place or manner that can push it into the bounds of illegal conduct in some form.

Additionally, the law does not operate in the vast majority of areas by making enumerated lists of illegal activities that leaves everything else legal. Again, legislative acts and administrative decisions/rules/regulations tend to be broadly written to include more than a finite list of activities. At times the law is written in a way that legalizing specific conduct that by exclusion bans all others. The above cited Texas code is a perfect example. It gives a finite inclusions of acts that are illegal and by nature of mutual exclusivity, those actions that are not included are excluded and therefore banned.

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I would find a different career, sir.

This is getting entertaining!

I doubt who ever would enforce this law would really care all that much im doing the same for my wedding in august I plan on just brewing and serving it. who is going to stop me?

Just found this in a different thread but i think it might help

§ 25.205 Production.

(a) Any adult may produce beer, without payment of tax, for personal or family use and not for sale. An adult is any individual who is 18 years of age or older. If the locality in which the household is located requires a greater minimum age for the sale of beer to individuals, the adult shall be that age before commencing the production of beer. This exemption does not authorize the production of beer for use contrary to State or local law.


this to me sounds like a green light as long as you are not selling it

thanks to Yoopers for the leg work on it

Weizenwerks said:

I would find a different career, sir.

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Deuce said:

Wait... what's this trash about brewing only 200 gallons in a year? Whoops!

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Seriously. Am I the only one who has stopped posting in the "How many gallons of homebrew in 20___" threads?

I brewed and served all the beer at mine. Caterer had no problems, nor did the venue. Just do it and forget about any legal issues. Whatd'ya think, some Eliot Ness type is going to raid the wedding or something?

Our Venue just got their liquor license and let me know that homebrew was not going to be allowed, something about there being a chance they can lose their license, yada yada yada... They were all about it at first and asked what I would need to serve it, then they had to go get their liquor license. Damn!

Methinks it shouldn't be a problem legally, unless someone tips off Johnny Law, no one is going to know. As long as the vendors and venue are cool with it, share some beers, watch your friends get married, and boomboom with the bridesmaids.