Alabama Homebrew Legalization

Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum

Help Support Homebrew Talk - Beer, Wine, Mead, & Cider Brewing Discussion Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Unfortunately the homebrew bill is still stuck in committee. It seems that when politicians are involved, you have to deal with politics. The word from our sponsor is that the bill is dead for this legislative session due to unexpected political realities. Our sponsor is trying to set up a meeting after the legislative session among the various groups with some vested interests in the bill. Hopefully we can get all the concerns ironed out and get a running start for next year.
 
Seems like Alabama is doomed until they can get rid of all the old politics and get some new fresh people in power. To much old stupid politics on this one. I sure would like to be legal and I sure would like to get started on my brew pub business plan but until that new Brew Mod Act passes I really don't want to even start the process.
 
So if both of these are dead looks like I'll be just focusing on Brew Master School & Certification this year.
 
Unfortunately the homebrew bill is still stuck in committee. It seems that when politicians are involved, you have to deal with politics. The word from our sponsor is that the bill is dead for this legislative session due to unexpected political realities. Our sponsor is trying to set up a meeting after the legislative session among the various groups with some vested interests in the bill. Hopefully we can get all the concerns ironed out and get a running start for next year.

just the homebrew bill or the brewerymod bill too?
 
just the homebrew bill or the brewerymod bill too?

My focus has been the homebrew bill, so I'm less sure of the future of the brewery bill this session. From what I understand, separate versions of the brewery bill passed committees in both the house and senate but haven't been voted on in either place. It was placed on the calendar to come up for a vote in the senate (which is usually the roadblock for a lot of legislation because Alabama law allows for as few as two senators to sustain a filibuster) but between the bingo bill and the healthcare opt-out bill, not much is happening. They still have to take care of the state budget, which will probably eat up most of the remaining days on the legislative calendar. After that, they'll probably try to get as many "non controversial" bill through as possible. While anything could happen, I'd say the chances of the brewery bill getting through this year are pretty slim as well.

Also, just to clarify, Free the Hops is pushing the brewery bill while the various homebrew clubs in Alabama are running with the homebrew bill independent of FTH. While FTH endorses and favors the passage of the homebrew bill, their focus is on the commercial aspects of beer in Alabama, so they're not directly involved with our bill.
 
I want them all to pass. I want a free Bama where I can brew my beer, open my pub, and enjoy all the freedoms that many other states have......
 
So that being said, what can we do to perhaps give these bills a shot? I don't mind calling, emailing, faxing, what ever.....
 
I want them all to pass. I want a free Bama where I can brew my beer, open my pub, and enjoy all the freedoms that many other states have......
Ditto! I think all of us are cheering for both bills. All I meant was that I'm directly involved in the push on the homebrewing bill, since I'm more worried about getting rid of my felon status in Alabama than I am about having more breweries and brewpubs in the state (though I'm really looking forward to that too!). Oh, and in case you guys weren't aware, homebrewing is actually a felony in this state!

So that being said, what can we do to perhaps give these bills a shot? I don't mind calling, emailing, faxing, what ever.....
I don't think we can do anything else right now to push the homebrew bill. Some of the other beer industry groups want to meet with the homebrewers to work out some details before the bill goes any further. Unfortunately, I don't think that meeting will take place until after the legislative session is over. As for the brewery bill, I'm not sure what can be done. The FTH people usually send out a message if there is anything we can do. I think right now it's just a waiting game until the senate unclogs a bit.
 
Actually, it looks like there's still a chance for the BMA. From FTH:

Just got double confirmation that the Brewery Modernization Act is on the draft Special Order Calendar in the House Thursday.

Sullivan is also telling us that we'll be up in the Senate [probably] Thursday. I know, I know - the Senate. I can't even tell you we're on the SOC draft because there isn't an SOC draft. The SOC just magically appears 5 minutes before it's voted on. But, we've already made it to the agenda AND the Senate this week cleared up some of their baggage. There was a vote on the healthcare opt out bill (it passed if you care) and the bingo bill (it passed too).

So.... is that a guarantee? I'm smarter than that, but I've got a good feeling about this. I'm very confident that, at worst, at least one of those votes will go through.

So... here's your link. It's phone bomb time.
 
The Brewery Modernization Act passed the senate today. It still has to get through the house, so nothing is certain yet.
 
well I know it dose not look good for the homebrew bill anymore, but the Brewery Modernization Act looks like its gaining steam:

Brewery Modernization Act passes House committee… again
By Dan Roberts | Published: April 13, 2010

Our Senate flavor of the Brewery Modernization Act, SB328, passed out of the House Tourism and Travel Committee this morning without a hitch. This bill is now the substitute legislation. Since SB328 passed the Senate, we are now a House vote away from being sent to the Governor.

When can we expect a vote? That’s hard to say. We will get a second reading this afternoon when they’re in session, but we can’t be put on the regular calendar until the day after our second reading. We can’t be put on a special order calendar until we’re on the regular calendar.

Realistically, we don’t expect to have a shot until next week on either the 29th or 30th legislative day. The legislature is constitutionally required to only meet on 30 days in the year, and next week will be days 29 and 30. We at Free the Hops apparently like the dramatic. Expect an email next week asking you to melt the House phone system.




No more BIR vote this session
By Dan Roberts | Published: April 14, 2010

The General Fund Budget went to the Governor yesterday. That means no more Budget Isolation Resolutions. If you’re new to Alabama politics, the state constitution has this strange provision where no bills can be passed before the state budgets. The only way to vote on a bill before the budgets is if the chamber adopts a special “Budget Isolation Resolution” for the bill. A BIR requires a 3/5 supermajority. The result of this constitutional amendment is that most bills require a 3/5 supermajority to pass.

When the Brewery Modernization Act comes up in the House, however, we will only need a simple majority to pass. That’s the good news about coming up this late in the session. The bad news is that we expect to again be in the “pocket veto” range of the Governor. While we have no reason to suspect that Governor Riley will not sign our legislation into law, we may again call on you to call the Governor’s office to ask for support.

For now, let’s focus on the task at hand. We need to come up for a vote in the House next week and we need a voting majority to pass. If you haven’t touched base with your State Representative, it’s about that time.
 
I guess getting one passed is better than none. Just makes no sense why they just can't say yah or nah and move on......
 
no in bama politics is a entirely different thing.......in most places it moves slow like a turtle here in bama it moves like molasses up hill...........
 
yea, this bill is better than nothing. I wanted the home brew more that brew mod. oh well... But I DID find a building in huntsville that has already been zoned for a brewpub. I think it might be a sign :)
 
I couldnt imagine homebrew being illegal. That is just too funny. Sorry guys, but you know what I mean.

But its obviously a law that isnt enforced all that hard, right?
 
I couldnt imagine homebrew being illegal. That is just too funny. Sorry guys, but you know what I mean.

But its obviously a law that isnt enforced all that hard, right?
I read a story about a guy who almost went to jail for it, but I think he was being an ass about it.
 
Here's the story on that incident:

Restrictions on homebrewing are not enforced in Alabama. From what I understand, no one has gotten in real trouble in a good 10 years. Back in early 2008, a reporter from LA came to Alabama intending to write an article on the beer restrictions (largely due to the Free the Hops group starting to get attention). FTH contacted the Rocket City Brewers and asked if the group would invite the reporter to one of the meetings. RCB did so, and several people talked to the reporter about the beer laws in the state at a club meeting at Scott Oberman's house. There were requests to see the article before it was published. Unfortunately, that didn't happen. The next thing RCB heard was that the article had been published and was written in a pretty in-your-face manner. Here's the article.

The article got picked up by some of the newspaper conglomerates and got published in several places around the country. Eventually it got published on the front page of the Mobile paper. A short time later, Scott Oberman came home and saw a note on the door from the Alabama Beverage Control (ABC). He called them to find out what was going on and was told that there had been a complaint and he needed to come down to the office so they could make sure he was fully aware of the laws regarding homebrewing in the state. He did ask if he could just download the laws from their website, but they told him they needed him to sign a statement indicating that he had been made aware of the homebrewing restrictions. At the meeting, the agent did indicate that there was no intention to follow up or prosecute Oberman, but that a complaint had been made due to the article, and the Montgomery office required that they follow up with it.

Since that time (two years ago now), Scott no longer brews anything at his house. Many of us in the Huntsville area have government contractor jobs and our livelihood relies on our security clearance, which would certainly be revoked if we were prosecuted for homebrewing. Scott, more than any of us, has a lot of incentive to get homebrewing legalized!
 
Well, I also wanted both bills to pass. I plan to open a brewpub but it would be nice to legally do test batches at home. So for now I'll continue to break the law at home and work toward my dream of a brew pub..........
 
Here's the story on that incident:

Restrictions on homebrewing are not enforced in Alabama. ... Scott, more than any of us, has a lot of incentive to get homebrewing legalized!
I am pretty sure that is the story I am thinking of, but the way it was written on the site I read it on was making it out like that Scott guy was trying to fight it to gain attention for FTH. Just another good reason to take pretty much everything you read on the internet with a grain of salt. It is looking good for all of us though. I can not wait for alabama to have more than 4 or 5 beers that are brewed in our state :mug:
 
This is the week for the Brewery Modernization Act and Homebrew bill
By Dan Roberts | Published: April 20, 2010

This is the final week of the legislative session in Montgomery. In dramatic fashion, the Brewery Modernization Act may come up on the second-to-last or last day of the 2010 session – this Wednesday or Thursday.

SB328 has already passed the Senate and should come up for a vote in the House this Wednesday or Thursday. After that, it goes to the Governor. Now is the time to contact your House Representative and tell them you support SB328, the Brewery Modernization Act. Please do this today. Send an email and/or call. We can’t guarantee you a vote – they haven’t yet finalized their agenda for those days – but we’re working on it and letting them know this is important to you will help. One thing we’ve proved over the years is that we can make a difference.

We are at the cusp of changing our second law to bring common sense and better beer to Alabama. We’re one easy vote away from a pro-business bill that will help grow the brewing industry in Alabama. One vote away from helping our local breweries compete in a nationally competitive industry.

If the House approves and the Governor signs off on this bill, our local breweries like Good People, Olde Towne, and Straight to Ale will be able to offer their fans tap rooms and events at the brewery. Our local brewpubs like Montgomery Brewing will be able to sell their beer outside of the brewpub. New breweries and brewpubs will have an incentive to open in your area as much of the restrictions placed on owning a brewery in Alabama will be reduced.

To learn more about why the Brewery Modernization Act is important to Alabama’s beer consumers, see this blog post. To learn what the current bill specifically changes, see this blog post.

Also, we have been following SB153, the Homebrew Legialization Bill. After an excruciating period of being held up in House committee, this bill may yet make it for its final vote this week along with the Brewery Modernization Act. This is an exciting development. Until very recently, most of this bill’s supporters considered this bill dead for the session. However, the chairman of the House Tourism and Travel Committee recently contacted our lobbyist and told him that he wanted our support to put Homebrew Legalization on the Special Order Calendar this week. He has it.


Tell your state Representative that you support these bills – SB328 (Brewery Modernization Act) and SB153 (Homebrew Legalization) and let me know if you receive any feedback.
 
Will do the same. Hell yeah my brewpub can become reality............
Done but my Rep is a D!ck Head..........
 
bad news guys :(


The 30th Day
By Dan Roberts | Published: April 22, 2010



SB153 (Homebrew legalization) is dead in committee.
Despite Chairman Morrow’s efforts, the House Tourism and Travel Committee didn’t have enough people show up to have a quorum to give it a favorable report. There’s simply no way this is going to happen this year.

SB328 (Brewery Modernization Act), however, is still kicking. We have high hopes of coming up for a vote some time today… the last day.

I can tell you that I know a ton of you called and emailed your representatives in Montgomery, and your efforts have made an impact. I can’t guarantee anything, but I have high hopes. We’re definitely on the radar. As of this posting (all things politics are subject to change), we have a spot on the second Special Order Calendar for the day. Traditionally, the last day of the session lasts a long time as all the unfinished business is being handled. As long as the members of the House find no reason to filibuster and stall away today, the Brewery Modernization Act should come up for a vote.

If you pray, pray for a productive day in the Alabama House of Representatives.

If you would like to watch legislation being made, you can listen to the live audio of the House session at the legislature’s website
 
Just a brief update. The house is really dragging today. They do usually stay late, so there's still a chance, but they've only completed a handful of the 34 bills listed on the first Special Order Calendar. If the BMA bill comes up, it's going to have to wait for the second SOC. Chances of a 2nd SOC even coming up are getting slimmer by the hour.

On the positive side, the house concurred with the senate in overriding the governor's veto on a bill legalizing the sale of fortified wines. While that doesn't directly apply to beer, an amendment was added to it prior to its original passage that repealed the Brooks amendment to the Gourmet Beer Bill passed last year. In short, any store that is currently allowed to sell beer can now sell any kind of beer. The Brooks amendment had prevented convenience stores and some grocery stores from selling the higher ABV beers. Starting August 1 you should be able to find craft beers with ABV of up to 13.9% in the grocery stores.
 
Dead this year
By Dan Roberts | Published: April 23, 2010

Most of you know by now that we the Alabama House didn’t make it to the second Special Order Calendar, and thus the Brewery Modernization Act never came up for a vote. Since the legislative session is now over, we’re dead this year. It came a long way for its first year, but in the end we just ran out of time for our final vote.

The Brewery Modernization Act is a no-nonsense bill that would have created jobs and made Alabama more competitive in a growing industry, all at no cost to the public purse. It’s disappointing that our legislators in Montgomery couldn’t even get to it, especially in the current economic climate.

Free the Hops will continue in the struggle. It takes time and is often frustrating, but we’ve already shown that we can bring common sense to Alabama’s beer laws.
 
And here I thought people in the South were all for Liberties?

Did I miss a meeting?
 
Down here in the south as far as laws and politics it's always some one who thinks his morals and values are right for everyone........

Sorry to hear that Jay.

That reminds me of a Bill Hicks skit:

"You are Free.........to do as we tell you!"
 
And here I thought people in the South were all for Liberties?

Did I miss a meeting?

How did you get this idea? The south is one of the most/if not the most conservative part of the country. There's a church on every corner....
 
How did you get this idea? The south is one of the most/if not the most conservative part of the country. There's a church on every corner....

It's not just "a church" or Christianity in general. It's the southern baptist version of it. Other flavors of Christianity are far less theocratic. The Fundamentalist Southern Baptists would have us all carrying around a bible, praying 3 times a day at work, and styaing home for bible study and prayer at night. No dancing, rock music, or drinking. Kind of sounds like Sharia law, doesn't it?
 
Church related or not I can't stand the fact that I have to continue to do what I love illegally.............all because someone else thinks they know what's best for me.........Some times state and local politics seem worse than federal level...
 
While some of the opposition to the homebrew bill comes from certain Church groups, I can tell you that it was not those groups that ended up killing the bill this year. In fact, of the various parties opposing this bill, I respect them the most. They were up front and clear about what their concerns were. Other parties never came public with their complaints. They just worked to kill the bill from behind the scenes.

I know everyone probably wants the whole story, but the bill still hasn't passed, and some of the parties that opposed the bill wield considerable power in the state. For now we have to avoid offending anyone and attempt to assuage any concerns so we have a chance to get this through next year. Those closely involved with the legalization process have been specifically asked to not name any names or point fingers so that we can start our negotiations from a more friendly position.

But rest assured, the various homebrew clubs across the state that were the driving force behind the bill this year are already discussing strategies for getting this through next time around. Our legislative sponsor said he would try to get a meeting set up between us and the other parties involved sometime soon. At that point we'll have a better idea of exactly what the hang-ups were this year and we'll be able to map a more concrete strategy for next year.
 
Back
Top