Legal? - Page 2 - Home Brew Forums

Register Now!
Home Brew Forums > Home Brewing Beer > General Beer Discussion > Legal?

Reply
 
Thread Tools
Old 04-02-2013, 12:52 PM   #11
Arg1129
Recipes 
 
Feb 2013
West Sacramento, California
Posts: 67
Liked 7 Times on 5 Posts


Quote:
Originally Posted by mattd2

my understanding was that it was illegal to remove the beer from your home except for compitions. That being said I also think that the feds are not likely going to bother chasing (or proving) that one time when you gave 10 gallons of beer to your mate. Biggest point - how are they going to find out
Sorry Matt I didn't look to see you were in New Zealand, Go All Blacks! I live in California so I was going off our laws. I had know there is no problem giving beer away here. My LHBS serves its customers beers here and there, without charging, and it's never been an issue.

 
Reply With Quote
Old 04-02-2013, 01:05 PM   #12
duboman
Recipes 
 
Jul 2011
Glenview, IL
Posts: 6,368
Liked 508 Times on 470 Posts


Quote:
Originally Posted by jefferym09 View Post
ha well that all is great advice, one more thing though. is getting a liquor license as easy as going online and taking a test, or do i have to go through legit training or something...
We should be so lucky if it were that easy!

In short, no, lots of paperwork and you go through the TTB to do it.

I will add also, if your friend is having his party at a hotel or banquet hall he should check with them about being able to bring homebrew in as many locations will not allow it either due to state law or distribution contracts. Not sure how Oregon handles those things.............
__________________
Nothing Left to do but smile and drink beer.....

The Commune Brewing Company-Perfecting the "art" of beer since 2010

 
Reply With Quote
Old 04-02-2013, 01:13 PM   #13
patthebrewer
 
patthebrewer's Avatar
Recipes 
 
Sep 2012
, allenwood, nj
Posts: 687
Liked 56 Times on 49 Posts


Just give it as a gift, and if he has to give you something, let him buy you a steak dinner.
__________________
Manasquan River Brewing LLC

 
Reply With Quote
Old 04-02-2013, 01:22 PM   #14
brewkinger
AdirondacKinger
HBT_LIFETIMESUPPORTER.png
 
brewkinger's Avatar
Recipes 
 
Sep 2012
NEK, Vermont
Posts: 2,271
Liked 345 Times on 282 Posts


Quote:
Originally Posted by mattd2 View Post
my understanding was that it was illegal to remove the beer from your home except for compitions. That being said I also think that the feds are not likely going to bother chasing (or proving) that one time when you gave 10 gallons of beer to your mate. Biggest point - how are they going to find out
Perhaps an occasional ATF agent perusing through a home brewing forum website. It could happen you know.......?
__________________
Blackbird Brewing

PRIMARY: Northeast Style IPA aka "Roscoe"
PRIMARY: Centennial '75 Session IPA
BOTTLED: Razapple Wine- Vintage 2014
BOTTLED: Orange Haze Blonde
BOTTLED:
KEGGED:
PLANNING: Centennial Orange Blonde
PLANNING: Roscoe V.2
Do not mistake my kindness for weakness. I am kind to everyone, but when someone is unkind to me, weak is not what you will remember about me.

 
Reply With Quote
Old 04-02-2013, 01:30 PM   #15
Gameface
 
Gameface's Avatar
Recipes 
 
Jul 2010
Salt Lake City, UT
Posts: 1,817
Liked 488 Times on 282 Posts


Do you suppose you were in the middle of a sting operation and if you would have accepted payment all sort of cops would have jumped out and arrested you?

 
Reply With Quote
Old 04-02-2013, 01:33 PM   #16
brewkinger
AdirondacKinger
HBT_LIFETIMESUPPORTER.png
 
brewkinger's Avatar
Recipes 
 
Sep 2012
NEK, Vermont
Posts: 2,271
Liked 345 Times on 282 Posts


That sounds like it could really happen...

But to get back to topic, YES, very illegal to let him pay you for the beer.
I think that him buying you stuff (other than ingredients) could also be construed as receiving "goods and services" and that can also be illegal.
__________________
Blackbird Brewing

PRIMARY: Northeast Style IPA aka "Roscoe"
PRIMARY: Centennial '75 Session IPA
BOTTLED: Razapple Wine- Vintage 2014
BOTTLED: Orange Haze Blonde
BOTTLED:
KEGGED:
PLANNING: Centennial Orange Blonde
PLANNING: Roscoe V.2
Do not mistake my kindness for weakness. I am kind to everyone, but when someone is unkind to me, weak is not what you will remember about me.

Reason: hit reply too soon.

 
Reply With Quote
Old 04-02-2013, 01:33 PM   #17
jonrk
 
jonrk's Avatar
Recipes 
 
Oct 2012
Posts: 44


Quote:
Originally Posted by mattd2 View Post
my understanding was that it was illegal to remove the beer from your home except for compitions. That being said I also think that the feds are not likely going to bother chasing (or proving) that one time when you gave 10 gallons of beer to your mate. Biggest point - how are they going to find out
I was able to do this in NC recently without a problem. I assume the hotel would be cognizant of the appropriate laws but who knows. We had a family event at a hotel in town recently where I brought two homebrew kegs that I had made for the celebration. The hotel had no problem doing it. They charged me a "corking" fee but other than that they were happy to serve it to everyone.

EDIT: I just took a look at the American Homebrewer's Association website and they have a section where you can look up the laws by state. In NC it is legal. North Carolina Chapter 18B, Article 3, 18B-306 permits an individual to make, possess, and transport native wines and malt beverages for his own use and for the use of his family and guests.

As others have mentioned, the payment is the thing that is not legal.

 
Reply With Quote
Old 04-02-2013, 04:27 PM   #18
acidrain
Recipes 
 
Jul 2012
Seattle, Washington
Posts: 2,080
Liked 181 Times on 156 Posts


Quote:
Originally Posted by jefferym09 View Post
ha well that all is great advice, one more thing though. is getting a liquor license as easy as going online and taking a test, or do i have to go through legit training or something...
Liquor licence as in brewing and selling beer?
Read this: http://www.homebrewtalk.com/f14/i-we...-do-so-386476/
__________________
Keg #1: Brown Bomber Bourbon/Oak Vanilla Porter
Keg #2: The Bollocks ESB
Keg #3 Lawnmower APA
Fermenter: Empty
Bottled: Mjolnir Mead, Lazy Daze Hefe.

 
Reply With Quote
Old 04-02-2013, 04:34 PM   #19
Phunhog
Recipes 
 
Sep 2008
Posts: 2,048
Liked 173 Times on 130 Posts


Yes it is illegal. No you won't get caught since no one really cares what goes on between two friends. IF you really want to go by the letter of the law just have him come over and pitch the yeast. That way he technically made the beer.
__________________
Check out my nanobrewery!
http://www.facebook.com/#!/pages/Two...02323289804018

LoloMT7 Likes This 
Reply With Quote
Old 04-02-2013, 04:38 PM   #20
johngaltsmotor
Recipes 
 
Dec 2010
Toledo, Ohio
Posts: 879
Liked 197 Times on 130 Posts


Your biggest issue might be the reception hall. If they have to have a liquor license for bar service then they may not serve untaxed beer in order to protect themselves from prosecution.

 
Reply With Quote
Reply
Thread Tools


Similar Threads
Thread Thread Starter Forum Replies Last Post
Legal age nickdanger General Beer Discussion 7 03-19-2012 01:17 PM
how to tell if a used keg is 'legal'? bitterman35 Equipment/Sanitation 54 06-09-2011 04:08 PM
Legal... Barnes06 Beginners Beer Brewing Forum 27 08-19-2010 01:41 PM
Is this legal? Fingers General Chit Chat 9 05-07-2008 05:30 PM


Forum Jump