Coldbreak Brewing Giveaway - Winners Drawn!

Home Brew Forums > Home Brewing Beer > General Beer Discussion > Legal?
Reply
 
Thread Tools
Old 04-02-2013, 04:45 PM   #21
xtian116
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2011
Location: Pomona, California
Posts: 279
Liked 62 Times on 40 Posts
Likes Given: 4

Default

Just sell him some "pretty" bottles. They just happen to not be empty yet.

Or, brew it, send it home with him and let him pitch the yeast.

In California, it is illegal, but I've been pulled over a few times with kegs of homebrew in the car, never had a problem.

It usually goes like this;
Cop "what's in that thing"
Me "beer I made"
Cop " how do you do that"
Me " magic! No, really I just cook it and ferment it"
Cop "cool, can you please sign here, and keep it under Mach 1 next time?"


xtian116 is offline
punkrockdave Likes This 
Reply With Quote
Old 04-02-2013, 05:23 PM   #22
Thegreatestgray
Feedback Score: 0 reviews
Recipes 
 
Join Date: Jan 2013
Location: Running Springs, California
Posts: 144
Liked 5 Times on 5 Posts

Default

It's super illegal and if someone got sick from drinking the beer and made a big fuss about it. You could get in a lot of trouble. What I would do is have him buy the ingredients and random equipment that you need and have him say he made it then your a** is covered.


Thegreatestgray is offline
 
Reply With Quote
Old 04-02-2013, 06:22 PM   #23
ktblunden
Senior Member
HBT_SUPPORTER.png
Feedback Score: 2 reviews
 
ktblunden's Avatar
Recipes 
 
Join Date: Dec 2011
Location: Lancaster, CA
Posts: 1,942
Liked 326 Times on 201 Posts
Likes Given: 26

Default

If he spends money and you give him beer it's illegal regardless of how you try to spin it. If he gives you money, it's illegal. If he buys the ingredients and you give him beer, it's illegal. If you sell him a bottle and it happens to contain beer, it's illegal. If you sell him a sticker and it comes with a free beer, it's illegal. If you give him free beer and he drops money in a tip jar, it's illegal. Whatever workaround you think of, the Feds have thought of it first. Are the chances of getting caught miniscule? Yes. Is it a good idea to discuss breaking alcohol laws on a forum that is indexed and searchable by every major search engine? No.

Your choices are to either gift him the beer or have him buy the ingredients, come over and brew the beer with you, and have him pitch the yeast. Even then, you'll need to look at your state's laws regarding the removal of homebrew from the premises and make sure the venue will allow unlicensed alcohol to be served.
ktblunden is offline
2
People Like This 
Reply With Quote
Old 04-02-2013, 06:30 PM   #24
Jayhem
Feedback Score: 0 reviews
Recipes 
 
Join Date: Dec 2011
Location: Culpeper, VA
Posts: 2,634
Liked 276 Times on 223 Posts
Likes Given: 1248

Default

How to get away with things that won't hurt anyone but are technically "illegal"

Step #1: Do not post your intentions on a public web forum

Step #2: DO NOT POST YOUR INTENTIONS ON A PUBLIC WEB FORUM

Step #3: Do not publicize that he paid you for the beer. As far as guests know it was "donated"

Any questions?
__________________
Next up: Amber Ale
Primary 1&2: 90 Min IPA clone
Primary 3&4: Belgian Wit
Keg #1: White Mosaic Pale Ale
Keg #2: Empty
Drinking: Amber Ale, White Mosaic Pale Ale
Jayhem is offline
2
People Like This 
Reply With Quote
Old 04-02-2013, 06:34 PM   #25
xtian116
Feedback Score: 0 reviews
Recipes 
 
Join Date: Oct 2011
Location: Pomona, California
Posts: 279
Liked 62 Times on 40 Posts
Likes Given: 4

Default

I kind of like the idea of selling him the wort, and let him do the rest. Technically, it's not alcohol if it's not fermented.

I'd probably get busted for that too though.
xtian116 is offline
 
Reply With Quote
Old 04-02-2013, 06:52 PM   #26
fuzzy2133
HBT_SUPPORTER.png
Feedback Score: 0 reviews
 
fuzzy2133's Avatar
Recipes 
 
Join Date: Nov 2012
Location: Morgan Hill, CA
Posts: 1,277
Liked 220 Times on 169 Posts
Likes Given: 505

Default

Birthdays and Christmas are the good times of year for me and one of my good friends. It just so happens those event are about 3 months apart.
__________________
Secondary: Grandma's Liquid Apple Pie (1/17/15)
Aging: Ice Cider with store bought frozen concentrate (9/15/14)
Drinking: AHA Big Brew Day Pale Ale (5/16/15), Left Hand Milk Stout Clone (a keg that will not die), and Beer Made With Passion
fuzzy2133 is online now
 
Reply With Quote
Old 04-02-2013, 07:09 PM   #27
thadius856
HBT_LIFETIMESUPPORTER.png
Feedback Score: 0 reviews
 
thadius856's Avatar
Recipes 
 
Join Date: Dec 2012
Location: Marysville
Posts: 2,277
Liked 660 Times on 258 Posts
Likes Given: 155

Default

Quote:
Originally Posted by ktblunden View Post
If he buys the ingredients and you give him beer, it's illegal.
Can you expound on this one?

He bought the ingredients, you brewed it into beer, and returned the beer to him.

No money or item of value changed hands. What's the problem with this one?
__________________
Was this post helpful? Don't forget to click 'Like'!

Thadius Miller, Project Manager -> RaspberryPints

Before you build a keezer, look at this!
Chest Freezer Spec Sheets and Layout Drawings (15 models and counting)
thadius856 is offline
 
Reply With Quote
Old 04-02-2013, 08:02 PM   #28
Desvio
Feedback Score: 0 reviews
Recipes 
 
Join Date: Mar 2013
Location: Portland, Oregon /, Bucerias, Nayarit
Posts: 146
Liked 21 Times on 19 Posts
Likes Given: 13

Default

Illegal? Yep

But seriously who is going to be there that would officially complain about you supplying beer to a private event? The ATF or local liquor control doesn't go trolling weddings, birthdays or BBQ's for people to bust. Unless you have a liquor license yourself that would be in jeopardy, and/or none of it's consumed by anyone under the age, or something doesn't happen that requires a police investigation. Go for it, make and share something that you are proud of. Voluntary donations gladly accepted of course.
__________________
"The next best thing to drinking good beer is wearing it" -me
Desvio is offline
 
Reply With Quote
Old 04-02-2013, 08:09 PM   #29
ktblunden
Senior Member
HBT_SUPPORTER.png
Feedback Score: 2 reviews
 
ktblunden's Avatar
Recipes 
 
Join Date: Dec 2011
Location: Lancaster, CA
Posts: 1,942
Liked 326 Times on 201 Posts
Likes Given: 26

Default

Quote:
Originally Posted by thadius856 View Post
Can you expound on this one?

He bought the ingredients, you brewed it into beer, and returned the beer to him.

No money or item of value changed hands. What's the problem with this one?
It's a form of bartering at that point. The ingredients are the item of value. You're not paying the money you would generally pay for those ingredients, which gives them an inherent value, in exchange you're giving him beer.
ktblunden is offline
 
Reply With Quote
Old 04-02-2013, 08:17 PM   #30
amandabab
Feedback Score: 0 reviews
Recipes 
 
Join Date: Mar 2012
Location: spokane, wa
Posts: 1,971
Liked 240 Times on 183 Posts
Likes Given: 446

Default

the legality and risk management are two separate issues.

any compensation, not legal
any distribution, legality varies state to state

risk of prosecution, low

just don't believe your own BS schemes to make it legal, know the laws being broken.


amandabab is offline
 
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

Newest Threads

LATEST SPONSOR DEALS