Homebrew and a restaurant

I am a chef in Atlanta and my family owns two restaurants just north of Atlanta. The chef at one of the restaurants is after me to do a beer dinner with him with some of my homebrew, but we are finding it difficult to search on the legality of this. I would expect in some brewer-friendly states that this would not be much of a problem as long as you go through some small government hurdles, but Georgia is not the best beer friendly state when it comes to things like this. I have heard from some people that if you make it for charity, that is a way to side step some of the legality issues, but I am looking for someone who can give me more solid ideas. Thanks.

If you're making beer for profit, the TTB will want their cut.

There is a federal gallonage limit for homebrew, and there are state limits as well. There are also state restrictions about where homebrew can be consumed (usually in your home) and sometimes who can consume it (yourself, your friends?).

Have you seen this: http://www.homebrewersassociation.org/pages/government-affairs/statutes/united-states

I'm sure Georgia has a state alcohol regulatory agency, and they should have the applicable statutes and regulations listed online.

http://www.homebrewersassociation.org/pages/government-affairs/statutes/georgia

I used to roast coffee for a living, and the "small government hurdles" are actually quite costly, both time and money. PA law definitely differs from GA, but the first step to take is contacting your local (city/county) health department to find out the regulations surrounding distribution of food and beverage. Inspections and fees will follow, and you can't sell/serve anything brewed before the date of your license/certification.

As for charity.... I would be careful. Up around here they're even cracking down on soup kitchens, shutting down people who don't have the proper and up to date permits.

*I am not saying this is a good idea.*
How large of an event is this? No one has to know
*I am not urging you to break the law*

You're allowed to give stuff away for free, right?

Jaysus said:

You're allowed to give stuff away for free, right?

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Yes, within your house, and in some states at club meetings, classes and competitions. That's why it's called "homebrew" and not "brew I made at home but am giving away in my licensed restaurant."

In my state, If you're a registered winery, you can't give wine away for free off-site from your winery without a caterer's permit, which is an add-on permit for your retail-by-drink permit. Wineries use accrual-accounting, meaning you're taxed on your inventory as soon as it leaves the fermentor, not when you sell it. So it doesn't matter if you give it away or sell it, you still have to pay tax on all of it.

Federal tax evasion is probably the biggest issue here. The chances are small that you'd get caught, but if you did it would seriously be a bummer.

I would recommend you ask the lawyer for the restaurants his opinion. If nothing else he will know someone.
Also, you could do it with commercial beers and sidestep the whole issue.

My guess is if you're charging for the beer dinner (or are in any way being compensated or remunerated, like donations), and homebrew is served, it will be illegal. But I'm just a guy online. Definitely ask a lawyer.

Getzinator said:

I used to roast coffee for a living, and the "small government hurdles" are actually quite costly, both time and money. PA law definitely differs from GA, but the first step to take is contacting your local (city/county) health department to find out the regulations surrounding distribution of food and beverage. Inspections and fees will follow, and you can't sell/serve anything brewed before the date of your license/certification.

As for charity.... I would be careful. Up around here they're even cracking down on soup kitchens, shutting down people who don't have the proper and up to date permits.

*I am not saying this is a good idea.*
How large of an event is this? No one has to know
*I am not urging you to break the law*

Click to expand...

Yup. Our church camp recently got such and such certification. All of a sudden we had to completely refurbish the kitchen up to current restaurant standards.

SenorPepe said:

My guess is if you're charging for the beer dinner (or are in any way being compensated or remunerated, like donations), and homebrew is served, it will be illegal. But I'm just a guy online. Definitely ask a lawyer.

Click to expand...

I think SenorPepe is right, although I don't think it's legal to even serve any homebrew in your restaurant, let alone sell it.
To quote the Georgia statute (emphasis mine): 3-5-4 Production of malt beverages by a head of household for consumption within own household.
(a) A head of a household may produce 50 gallons of malt beverages in any one calendar year to be consumed within his or her own household without any requirement to be licensed for such purpose. No malt beverages produced under this subsection shall be sold or offered for sale. Malt beverages so produced shall not be subject to any excise tax imposed by this chapter.

I'm also of the opinion that this is a no-no.

However, with the restaurants, their licenses and your career on the line, it seems silly not to consult with an attorney in your area.

No way to do it without starting a brewery...in any state that I am aware.

I don't know how GA law compares to NC law, but these guys do something of that nature on a rather regular basis. http://www.google.com/url?sa=t&rct=...8qXrBQ&usg=AFQjCNFr2TrwWlt8mFj0BASrmDNb7q49IQ

They might be able to give you some ideas on how they worked with or around legislation here.