beer sort-of for sale. Is this legal?

[betarhoalphadelta]

It's an odd way of wording it.

Exemption 2(a) says that a head of family can produce it for family use. Define family use... Would transporting it to a family BBQ (not for sale) be family use? I would think so.

Exemption 2(d) is referring to taking homebrew to a licensed place where it is used for something other than family use. You're permitted to transport and deliver your homebrew to an organized competition or exhibition, which would not be family use.

Nowhere in the code does it say that homebrew must remain in the home. Just that it is exempt from licensure or taxation when used for family use and not for sale.

So unless there is another state or federal law that says that homebrew cannot be transported--when for personal/family use--I see nothing here that says you can't transport it.

 

[JonM]

I bet there are definitions elsewhere in the statute.

 

[JonM]

Huh. I'll be damned. The q&a says you can transport it in a sealed container to share with family and friends. But ten gallons in a kegs? I think that calls for a Colorado lawyer's input.

 

[HausBrauerei_Harvey]

Just got a reply from the AHA director (that was fast!) He confirms our consensus.

here is his message verbatim:

"Hi Steve,

First off, thanks for being an AHA member.

Based on my experience with the Colorado Liquor Enforcement Division, I feel pretty confident that they would rule this as an illegal sale of homebrew. If you eliminated the tickets for the beer that may make it a little more gray legal-wise, but still could be interpreted as a sale of homebrew.

If the party were at your home and attendees were all your invited guests, serving your guests homebrew in that case would probably be fine.

Thanks for asking!

Cheers!
Gary

Gary Glass
Director
American Homebrewers Association"

 

[Soulshine2]

I guess I read that differently. I would like to think I could bring a bottle of homebrew to my buddy's house for him to drink.

I suppose it depends how you interpret


Because I find it disappointing that I couldn't bring a keg of homebrew for people at a barbeque at my parents' house (assuming we were both in CO)

You probably could, as long as you're not charging money for it . Once you charge admission or money to "imbibe" magically makes you instantly liable.

 

[Goforthegusto]

I didn't read every response, so I appologize if someone already said this, but when was the last time you were at a party with live music in the backyard and the cops came and asked where the beer came from. I honestly don't even think that regulating where the beer came from and if they had distribution and brewing licences is even remotely in the jurisdiction or interest in local law enforcement. They are coming because the band is too loud. Now, the kink in this is if someone gets in an accident and harms someone or something else and a lawyer gets involved. Then someone will inevitably say "well, we bought tickets which got us a beer that Jean brewed for the party". Then you might have someone knocking on your door. Just my thoughts, no lawyer here.

 

[myelo]

I didn't read every response, so I appologize if someone already said this, but when was the last time you were at a party with live music in the backyard and the cops came and asked where the beer came from. I honestly don't even think that regulating where the beer came from and if they had distribution and brewing licences is even remotely in the jurisdiction or interest in local law enforcement.

Two related, but different questions:

1. Is X illegal?
2. If I do X will I get caught?

OP seems to be asking #1.

 

[WesleyD123]

Unfortunately, I'm guessing, regardless what state you are in, it is illegal to sell "homebrew" without the proper licensing. I would sell it to him though as long as you know he is not going to resale it to minors, I do have some morals. Just don't broadcast that you made the beer. I'm sure I will catch a little flack from those professional brewers who pay all those licensing fees to sell their beer commercially but this is just my opinion.

 

[Inglorious]

Reminds me of the ol' college house party argument of "we're not selling beer, we're giving it away free with a $5 cover charge". Sometimes that still got a ticket othertimes not, depended on the officers.

 

[ChelisHubby]

Why does he pass the hat around to help pay for the Band? is everyone attending young and cheap?

 

[HausBrauerei_Harvey]

Why does he pass the hat around to help pay for the Band? is everyone attending young and cheap?

No! This is what perplexes me the most as well. I dont know him well enough yet but I think it's mostly that he wants a $500 band at his party but doesn't want to pay $500 for it.

 

[agrazela]

See, now, what you gotta do is go down to some dive bar, and grab a huge handful of their napkins with the bar's name printed on 'em. Then stuff one in the pocket of each person as they leave the party.

CYA, baby!

 

[Dcpcooks]

TTB law regarding the production of beer.

5401. Qualifying documents (a) Notice
Every brewer shall, before commencing or continuing business, file with the officer designated for that purpose by the Secretary a notice in writing, in such form and containing such information as the Secretary shall by regulations prescribe as necessary to protect and insure collection of the revenue.

The homebrew act allows you to brew for personal consumption without penalty for failure to pay the tax due on said alcohol.

Colorado law is pretty clear on this: (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.

So regardless if you are selling tix to a band or a fund raiser for a charity it is illegal to make it available for consumption by the general public.

You may be able to obtain a permit from your local government. So that's worth a call. I highly doubt the TTB would care or press for charges in this case regardless of the outcome. I do think you could be charged and or sued by a local authority or a person in the event of a DUI or accident. So your basically liable for damages and your opening yourself up to a lawsuit because your actions are against the law.

With all that said our club offers beers at events several times a year. We use the AHA insurance and we have confirmed liability coverage in writing several times. We have also obtained certificate of insurance for every event. So technically you could form a club by incorporating as a not for profit, buy insurance and request a permit from your local authority to host an event to help raise funds for the club.

 

[Stillraining]

Why does he pass the hat around to help pay for the Band? is everyone attending young and cheap?

No but the guy throwing the party is...

 

[hoppyhoppyhippo]

So an acquaintance i'm becoming better friends with has asked me to make 10 gallons of beer for his backyard concert this summer. He has offered to pay for the ingredients and trade time with me to help me with some construction projects, i'd love to do this for him.

Here's the catch: he's going to charge $5 a head to try and recoup some cost of the band ($500 i'm told) and he plans to 'give away' one ticket for beer with each entrant ticket. I'm told beer will not be sold, only one beer given away with each entry ticket.

I'm a bit concerned about the legality of this? anyone want to chime in here? I thinking I could just say I give him the beer, then he's free to do what he pleases with it and this absolves me as the beer producer from any legal responsibility.

Thoughts? Opinions? Should I make the deal and the beer? I'd like too but obviously don't want to be responsible for any illegal beer sales.

I'm not a lawyer by any stretch, so please don't pretend like I really know what I'm talking about.

But this kind of sounds like what some college parties do with charging people X amount of dollars to enter and get X amount of drinks. It's highly illegal, but it's rarely caught. Though they don't usually have it outdoors so I guess that's a big difference.

From my semi-libertarian POV, I'd happily make the beer at no cost to myself and if he gets busted play dumb. Just say he asked for some beer for a party and paid for the ingredients and you obliged. Maybe they could pop you but really unless you sign something or are caught verbally agreeing (well, posting on here could be something they could use if they could trace it back to you) I can't imagine they'd have any evidence other than hearsay. And I'd imagine your acquaintance wouldn't roll on you, that's too messy. Plus I'm sure he'd only get busted for runnign some kind of club illegally or something like that.