Brewing as an auction item -nonprofit can I do this?

Hi Folks,
I work at a small private school that depends not only on tuition dollars but fundraisers to help pay the bills. Each year our parents association puts on a big auction. I was thinking about offering up a day of brewing and the beer that results as an item but am not sure if this is legal? I live in Connecticut and honestly aside from the number of gallons I can produce have no idea if this is legal. Does anyone in here know if it is or have done something similar?

I don't see why it would be illegal. I'm sure they would auction off any wine bottles or fancy bottles of booze. I don't see this as any different. If you could make the brewing part of the event, that would be even better. You could provide some craft brews and munchies to keep them entertained during the brew day.

The person interested in the auction is paying money, by way of donation, and in exchange, will get beer that isn't meant to be sold. Yes it's illegal unfortunately. Even if your heart is in the right place.

There's a few threads buried deep in here somewhere where topics along these lines were mentioned. But in a nutshell, most states and jurisdictions have this general law in place. The line starts to get blurred when money is not involved in any way, shape, or form. If the auction and event were free, and donations weren't being taken, then maybe. Then it wouldn't be a fundraiser, just a get together with a buttload of people.

Thanks Greggor, that was kinda the feeling I had.

How is it different from a class that you pay for @ the LHBS? Call it a home brewing class and don't mention the winning participant gets to keep the end result or say that the winning participant is entitled to keep any and all necessary items?

I'd bet that if you auction off 'finished product' that you'd run into trouble.

However perhaps you could offer a 'lesson' where you leave whatever is made with the person who wins the auction. Then in the end, they perticpate in making it, so you didn't sell them alcohol, but knowledge and left it all at their house.

Provide a class - you assist in the production of wort, they pitch the yeast. Then a few weeks later, provide the service of bottling. The distinctions are: they ferment at their house, they pitch the yeast.

yeah, i'd just call it a lesson in brewing. the charge for 'materials' is refunded, etc. if they ferment it at their house, it AIN'T yet BEER when they transport their 'dirty water' home.

if i was seriously considering this. i'd call the town hall......

I"m not a lawyer nor did I stay @ Holiday Inn Express but all they (The Winner) needs to do is pitch the yeast. It is only "sugar water" until then. If they pitch it is their beer.

I've actually done some research.on Florida state law regarding this and the giving away of distilled spirits in a similar manner... And the laws are actually very lenient... We were able to donate shots and bottles to charity events and their patrons @ pirate festivals... Including auctions and raffles... Etc... Furthermore... We were legally allowed to sell shot glasses and "give away" shots during the event as well... This product was produced outside of the US ... So there is no violation of law in the making of it either.

Basically... If YOU don't walk away with the money... Then you're

... Ok... Sorry... Bottling... You know how that goes... Gotta sample... And sample the one I have in secondary to compare... Lol

I would think it would be legal. You are not selling beer. You are auction off a beer making lesson. Even if you provide the ingredients, they are not in the final fermented form. You will let the buyer pitch the yeast, he will be making the beer.

you auction it off with yeast already going, you're selling alcohol without a license. you have a class, brew it, add yeast, selling alcohol without a license (still a felony). selling it in a fermenter ready for the yeast, but not added yet? priceless ... i mean, you'd have to ask the local cops, as state laws can vary on preparation of homebrews

I can't answer the question regarding the legality of the auction. However, I can offer another idea for involving your beer. Depending on how the auction is being run, perhaps you can donate the beer to be given out to attendees during the auction. Many local charity auctions I have been to have been drinking / dining events. Also, people will get a little loosened up for the auction and maybe overbid.

Looking at the law, as it's written, I think you could offer the home brewing 'lesson', which takes place at THEIR home. Include in it advice on when each step needs to happen (brew an ale, so it's just primary then bottling). Leave the brew at their home while it's fermenting, using your primary (unless you want them to pick one up, or if you're going to leave it with them after it's all done) and then return to assist with completing the brew. Since it happens all at THEIR home, and you're just providing technical assistance, I don't think you'll have an issue with it. If you want to make it cheaper on yourself, do an all grain brew, so that they can see what most breweries actually go through. More educational that way.

It does sound like you're not going to get any funds from this, right? So you're donating your time ($0/no sale), they're paying for a lesson (not buying alcohol) and learning about home brewing in the process.

Check with either the school's lawyer, or make discrete inquiries about it to see if it sounds kosher to at least a few people that really SHOULD know. IF you get 'thumbs up' on it, then go for it. If they see issue with it, see if they can confirm that it's not kosher for you. Do get something in writing to cover your asp though... Proving due diligence could make a big difference for you.

Auction off a starter kit that comes with a free lesson on brewday. No different than them going into the LHBS and buying it then getting instructions from the owner.

What you actually put into the kit will add value as well. I see no legal issues with this approach

Yeah, auction off the starter kit for sure. I'm currently looking at the legal requirements to going pro, and I can say that the laws that govern brewing are baroque and unpredictable. They also vary from state to state. What you're originally proposing to do could be totally legal, or so illegal that in the unlikely event the state authorities find out about it, they could end up fining the school for a fair amount.

While you can play the splitting hairs game with "I didn't pitch the yeast" if you really want I think you're much better off auctioning off the starter kit of equipment, I don't see how auctioning just equipment could be illegal.
If you want to go the extra mile you could offer a lesson with the equipment which could add the value to someone wanting to get into the hobby.
I'd also add that if you make a starter kit make sure it has all the equipment someone will need to start in the hobby or clearly state otherwise i.e. "need 5 gallon pot etc", I'd be pretty annoyed if I bought a "starter kit" at an auction than had to go out and buy additional equipment to brew.

The high school that I attended has a fundraising auction every year, and one of the vice principals always would auction off a day of homebrewing. This is in Oregon, though, so there are likely different laws in play, but it caused no legal problems.
It really boils down to whether or not you are selling homemade alcohol, and you are not, you are donating time, use of equipment, and ingredients to a person who is donating money to the school. The money and the alcohol are not being exchanged, therefore that law is not being broken.

If you can't auction off a homebrew lesson because you have no liquor license, then you shouldn't be able to auction off anything because I doubt the school has a valid resellers permit ID #. And if it does, you better not auction off any sporting event tickets for more than face value cause you'll get nabbed for scalping. What other ridiculous scenarios can we think up that could potentially land the school a hefty fine or maybe an administrator a couple of days in the clink.