Brewing Law Resources

[Rob2010SS]

Every year, my company hosts a summer picnic on private property where they bring in all kinds of games for the kids, games for adults, catered food, and of course, beer. The beer they bring in is all BMC.

I have a meeting with the "Picnic Planning Committee" next week to propose my wife and I serving our beer there. Now, I would think that this would be perfectly legal considering it's a private party on private property, however I don't have the legal knowledge to back it up. Does anyone know of a good resource in which I may be able to find the answer or does someone know the answer already (we're in Illinois)?

The other part of the question that may factor in is that beer isn't free right? We were thinking of proposing that whatever they pay for the BMC kegs that they bring in, we'll bring in our kegs for half or three-quarter of what they're paying. We were originally thinking of not even bringing up money with them, but 15 gallons of 3 or 4 different beers isn't cheap, so we thought we'd throw it out there.

So I guess my questions are...
Does anyone know off of the top of their head if a home brewer serving beer at a private party on private property is legal in Illinois?

Does the legality of the question above change if we are getting paid by the company to do it and we are not a corporation?

Does anyone know of a good legal resource in which I may be able to find the answer to the above?

 

[rlmiller]

In Washington you could not accept payment for the homebrew, do not know about your state. Smarter folks than I will chime in and hopefully be able to help you !

 

[pondjt]

The AHA would be the place to look but you ought to be fine. For what it’s worth, I bring my beer to a similar company event. Technically, they pay me to work there but I’m far better brewer than employee.

 

[grampamark]

If the company bought the ingredients, and you turned those into beer to be served at the company picnic, you’d probably be fine. Exchanging beer for money, without the appropriate state and federal licensure, would probably not be OK.

OTOH, “don’t ask, don’t tell”, might work just as well.

 

[Beholder]

You may find a reasonable approach in expensing directly the purchase of the ingredients, so not to overstep in purchase of alcohol.

It’s certainly not black and white, and I would expect if tested in a court, you would not find any sympathy. Nevertheless, I have known others like above who have encountered no issues.

 

[Robert65]

The AHA would be the place to look

This. One of their primary functions. Try posting on the AHA forum and somebody will point you in the right direction.

 

[Yooper]

The statues vary so wildly that you have to check your state and local laws. If there is ANY payment, you are in violation of the law in all states. NO payment can be received, not even "donations". In some states, you can't even take "homebrew" out of your home, and yet in some states you can give away 20 gallons to an individual each year.

A brief synopsis of state Illinois law is here:

Illinois
Ill. Rev. Stat. cho. 235, §5/1-3.39

"Homemade brewed beverage" means beer or any other beverage obtained by the alcoholic fermentation of an infusion or concoction of grains, sugars, or both in water and includes, but is not limited to, beer, mead, and cider made by a person 21 years of age or older, through his or her own efforts, fermented at his or her place of residence, fermented at another place of residence of a homemade brewed beverage brewer, or fermented at a premises of a commercial enterprise that is engaged primarily in selling supplies and equipment for use by home brewers and not for a commercial purpose but for consumption by that person or his or her family, neighbors, guests, and friends or for use at an exhibition, demonstration, judging, tasting, or sampling with sampling sizes as authorized by §6-31 of this Act or as part of a contest or competition authorized by §6-36 of this Act.
Ill. Rev. Stat. ch. 235, §5/2-1

No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this state from a point outside this state, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by §6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests . . .
Ill. Rev. Stat. ch. 235, §5/6-36

(a) No license or permit is required under this Act for the making of homemade brewed beverages or for the possession, transportation, or storage of homemade brewed beverages by any person 21 years of age or older, if all of the following apply: (1) the person who makes the homemade brewed beverages receives no compensation; (2) the homemade brewed beverages are not sold or offered for sale; and (3) the total quantity of homemade brewed beverages made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has two or more persons 21 years of age or older.

(b) A person who makes, possesses, transports, or stores homemade brewed beverages in compliance with the limitations specified in subsection (a) is not a brewer, class 1 brewer, class 2 brewer, wholesaler, retailer, or a manufacturer of beer for the purposes of this Act.

(c) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol are permissible under this Act, local ordinances, and other applicable law, provided that the homemade brewed beverages are not made available for consumption by the general public.

(d) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be used for purposes of a public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31, if the event is held at a private residence or at a location other than a retail licensed premises. If the public event is not held at a private residence, the event organizer shall obtain a homebrewer special event permit for each location, and is subject to the provisions in subsection (a) of §6-21. Homemade brewed beverages used for purposes described in this subsection (d), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act. A public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31 held by a licensee on a location other than a retail licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverages at the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31. Event admission charges that are collected may be partially used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (d) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (d) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be collected if the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31 is held at a private residence.

(e) A person who is not a licensee under this Act may at a private residence, and a person who is a licensee under this Act may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade brewed beverages made in compliance with the limitations specified in subsection (a), if the person does not sell the homemade brewed beverages and, unless the person is the brewer of the homemade brewed beverages, does not acquire any ownership interest in the homemade brewed beverages. If the contest, competition, exhibition, demonstration, or judging is not held at a private residence, the consumption of the homemade brewed beverages is limited to qualified judges and stewards as defined by a national or international beer judging program, who are identified by the event organizer in advance of the contest, competition, exhibition, demonstration, or judging. Homemade brewed beverages used for the purposes described in this subsection (e), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, or judging is not considered compensation under this Act. An exhibition, demonstration, judging, contest, or competition held by a licensee on a licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverage at the exhibition, demonstration, judging, contest, or competition. A portion of event admission charges that are collected may be used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (e) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (e) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be charged if the exhibition, demonstration, judging, contest, or competition is held at a private residence. The fact that a person is acting in a manner authorized by this section is not, by itself, sufficient to constitute a public nuisance under §10-7 of this Act. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade brewed beverages to be stored on the premises if the homemade brewed beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, other provisions of this Act not inconsistent with this Section apply.

(f) A commercial enterprise engaged primarily in selling supplies and equipment to the public for use by homebrewers may manufacture homemade brewed beverages for the purpose of tasting the homemade brewed beverages at the location of the commercial enterprise, provided that the homemade brewed beverages are not sold or offered for sale. Homemade brewed beverages provided at a commercial enterprise for tasting under this subsection (f) shall be in compliance with §§6-16, 6-21, and 6-31 of this Act. A commercial enterprise engaged solely in selling supplies and equipment for use by homebrewers shall not be required to secure a license under this Act, however, such commercial enterprise shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of §6-21 of this Act.

(g) Homemade brewed beverages are not subject to §8-1 of this Act.

 

[LittleRiver]

The question for you that popped into my head is: "What if someone drinks my beer at this event, and is injured or causes injury due to their impaired state. Do I want to open myself up to be a subject of the resulting lawsuit(s)?"

 

[day_trippr]

The statues vary so wildly that you have to check your state and local laws.

Wildly is correct, and iirc from previous discussions in some jurisdictions you're not allowed to transport home brew, others only for competitions. One definitely needs to become familiar with applicable regulations lest the whole legal liability thing becomes a defacto issue...

Cheers!

 

[Rob2010SS]

The question for you that popped into my head is: "What if someone drinks my beer at this event, and is injured or causes injury due to their impaired state. Do I want to open myself up to be a subject of the resulting lawsuit(s)?"

That's a very valid point! Luckily, I wouldn't be bringing enough to get everyone impaired. I was thinking 45 gallons but the company employs ~600 people, majority of which go to this event and they bring their families. And for the most part, people don't get that impaired. They wait until the party is over because it is a work event. But I do see your point. It is something to take into consideration

 

[Rob2010SS]

You may find a reasonable approach in expensing directly the purchase of the ingredients, so not to overstep in purchase of alcohol.

It’s certainly not black and white, and I would expect if tested in a court, you would not find any sympathy. Nevertheless, I have known others like above who have encountered no issues.

I like this idea. This may be the most reasonable approach. Plus the company saves money because they're not paying per keg....

 

[Rob2010SS]

The statues vary so wildly that you have to check your state and local laws. If there is ANY payment, you are in violation of the law in all states. NO payment can be received, not even "donations". In some states, you can't even take "homebrew" out of your home, and yet in some states you can give away 20 gallons to an individual each year.

A brief synopsis of state Illinois law is here:

Illinois
Ill. Rev. Stat. cho. 235, §5/1-3.39

"Homemade brewed beverage" means beer or any other beverage obtained by the alcoholic fermentation of an infusion or concoction of grains, sugars, or both in water and includes, but is not limited to, beer, mead, and cider made by a person 21 years of age or older, through his or her own efforts, fermented at his or her place of residence, fermented at another place of residence of a homemade brewed beverage brewer, or fermented at a premises of a commercial enterprise that is engaged primarily in selling supplies and equipment for use by home brewers and not for a commercial purpose but for consumption by that person or his or her family, neighbors, guests, and friends or for use at an exhibition, demonstration, judging, tasting, or sampling with sampling sizes as authorized by §6-31 of this Act or as part of a contest or competition authorized by §6-36 of this Act.
Ill. Rev. Stat. ch. 235, §5/2-1

No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this state from a point outside this state, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by §6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests . . .
Ill. Rev. Stat. ch. 235, §5/6-36

(a) No license or permit is required under this Act for the making of homemade brewed beverages or for the possession, transportation, or storage of homemade brewed beverages by any person 21 years of age or older, if all of the following apply: (1) the person who makes the homemade brewed beverages receives no compensation; (2) the homemade brewed beverages are not sold or offered for sale; and (3) the total quantity of homemade brewed beverages made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has two or more persons 21 years of age or older.

(b) A person who makes, possesses, transports, or stores homemade brewed beverages in compliance with the limitations specified in subsection (a) is not a brewer, class 1 brewer, class 2 brewer, wholesaler, retailer, or a manufacturer of beer for the purposes of this Act.

(c) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be consumed by the person who made it and his or her family, neighbors, and friends at any private residence or other private location where the possession and consumption of alcohol are permissible under this Act, local ordinances, and other applicable law, provided that the homemade brewed beverages are not made available for consumption by the general public.

(d) Homemade brewed beverages made in compliance with the limitations specified in subsection (a) may be used for purposes of a public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31, if the event is held at a private residence or at a location other than a retail licensed premises. If the public event is not held at a private residence, the event organizer shall obtain a homebrewer special event permit for each location, and is subject to the provisions in subsection (a) of §6-21. Homemade brewed beverages used for purposes described in this subsection (d), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act. A public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31 held by a licensee on a location other than a retail licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverages at the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31. Event admission charges that are collected may be partially used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (d) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (d) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be collected if the public exhibition, demonstration, tasting, or sampling with sampling sizes as authorized by §6-31 is held at a private residence.

(e) A person who is not a licensee under this Act may at a private residence, and a person who is a licensee under this Act may on the licensed premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade brewed beverages made in compliance with the limitations specified in subsection (a), if the person does not sell the homemade brewed beverages and, unless the person is the brewer of the homemade brewed beverages, does not acquire any ownership interest in the homemade brewed beverages. If the contest, competition, exhibition, demonstration, or judging is not held at a private residence, the consumption of the homemade brewed beverages is limited to qualified judges and stewards as defined by a national or international beer judging program, who are identified by the event organizer in advance of the contest, competition, exhibition, demonstration, or judging. Homemade brewed beverages used for the purposes described in this subsection (e), including the submission or consumption of the homemade brewed beverages, are not considered sold or offered for sale under this Act and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, or judging is not considered compensation under this Act. An exhibition, demonstration, judging, contest, or competition held by a licensee on a licensed premises may require an admission charge to the event, but no separate or additional fee may be charged for the consumption of a person's homemade brewed beverage at the exhibition, demonstration, judging, contest, or competition. A portion of event admission charges that are collected may be used to provide prizes to makers of homemade brewed beverages, but the admission charges may not be divided in any fashion among the makers of the homemade brewed beverages who participate in the event. Homemade brewed beverages used for purposes described in this subsection (e) are not considered sold or offered for sale under this Act if a maker of homemade brewed beverages receives free event admission or discounted event admission in return for the maker's donation of the homemade brewed beverages to an event specified in this subsection (e) that collects event admission charges; free admission or discounted admission to the event is not considered compensation under this Act. No admission fee and no charge for the consumption of a person's homemade brewed beverage may be charged if the exhibition, demonstration, judging, contest, or competition is held at a private residence. The fact that a person is acting in a manner authorized by this section is not, by itself, sufficient to constitute a public nuisance under §10-7 of this Act. If the contest, competition, or other event is held on licensed premises, the licensee may allow the homemade brewed beverages to be stored on the premises if the homemade brewed beverages are clearly identified and kept separate from any alcohol beverages owned by the licensee. If the contest, competition, or other event is held on licensed premises, other provisions of this Act not inconsistent with this Section apply.

(f) A commercial enterprise engaged primarily in selling supplies and equipment to the public for use by homebrewers may manufacture homemade brewed beverages for the purpose of tasting the homemade brewed beverages at the location of the commercial enterprise, provided that the homemade brewed beverages are not sold or offered for sale. Homemade brewed beverages provided at a commercial enterprise for tasting under this subsection (f) shall be in compliance with §§6-16, 6-21, and 6-31 of this Act. A commercial enterprise engaged solely in selling supplies and equipment for use by homebrewers shall not be required to secure a license under this Act, however, such commercial enterprise shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of §6-21 of this Act.

(g) Homemade brewed beverages are not subject to §8-1 of this Act.

Thank you for this @Yooper. This helped a lot

 

[Bobby_M]

I don't know anything specific by state but I'm always amazed at how little credit the state ABCs are given for their ability to see through loopholes. If a party pays for ingredients with the understanding that another party is going to deliver alcohol in return, that is in effect a sale of alcohol. It reminds me of the guys that sell cans of macro lager at the swap meets with a sign that says "buy a bolt for $3 and get a free beer".

The key is unambiguous expectation of the barter. If you donated a beer to a cause, no strings attached and they later decided to show appreciation by buying you a gift certificate, that's one thing. If you set that same arrangement up in advance or even have that conversation, it's a barter (aka a sale).

 

[BrewnWKopperKat]

Every year, my company hosts a summer picnic on private property where they bring in all kinds of games for the kids, games for adults, catered food, and of course, beer. The beer they bring in is all BMC.

is there something wrong with the beer that they serve at the event?

I have a meeting with the "Picnic Planning Committee" next week to propose my wife and I serving our beer there.

if there was a problem with the beer that was served last year, is there way to solve that problem that doesn't involve you brewing beer for it?

If the solution to the problem involves homebrew, someone on the committee may likely have to determine (or confirm) on their time that this does not expose them (as a group or individually) to "penalty under law". Note that both threat of legal action and being found "not guility" of a legal action is often time consuming and stressful.

Do you want to cause them to incur this additional work? incur the possibility of a threat of legal action (even if the outcome finds them "not guilty")?

 

[Sammy86]

Every year, my company hosts a summer picnic on private property where they bring in all kinds of games for the kids, games for adults, catered food, and of course, beer. The beer they bring in is all BMC.

I have a meeting with the "Picnic Planning Committee" next week to propose my wife and I serving our beer there. Now, I would think that this would be perfectly legal considering it's a private party on private property, however I don't have the legal knowledge to back it up. Does anyone know of a good resource in which I may be able to find the answer or does someone know the answer already (we're in Illinois)?

The other part of the question that may factor in is that beer isn't free right? We were thinking of proposing that whatever they pay for the BMC kegs that they bring in, we'll bring in our kegs for half or three-quarter of what they're paying. We were originally thinking of not even bringing up money with them, but 15 gallons of 3 or 4 different beers isn't cheap, so we thought we'd throw it out there.

So I guess my questions are...
Does anyone know off of the top of their head if a home brewer serving beer at a private party on private property is legal in Illinois?

Does the legality of the question above change if we are getting paid by the company to do it and we are not a corporation?

Does anyone know of a good legal resource in which I may be able to find the answer to the above?

(a) No license or permit is required under this Act for the making of homemade brewed beverages or for the possession, transportation, or storage of homemade brewed beverages by any person 21 years of age or older, if all of the following apply: (1) the person who makes the homemade brewed beverages receives no compensation; (2) the homemade brewed beverages are not sold or offered for sale; and (3) the total quantity of homemade brewed beverages made, in a calendar year, by the person does not exceed 100 gallons if the household has only one person 21 years of age or older or 200 gallons if the household has

No compensation, no problems brew brother!

 

[Bobby_M]

It seems to me the problem is that they offer crappy beer every year. What I think you should bring up to the committee is that they purchase some more tasty commercial beers in addition to the swill. Maybe present them with a list of options.