Brewing over 200 gal. limit

[jbrookeiv]

Why not just have "parties" on the weekends, $10 cover for all you can drink? I'm thinking that's legal.

 

[Whippy]

If one of the top five reasons why you got married is, "so I could brew an extra 100 gallons" ..... you might be a homebrewer.

 

[mlyday]

Why not just have "parties" on the weekends, $10 cover for all you can drink? I'm thinking that's legal.

Well its not legal, but probably nobody would know or care, but when the cops show up because of the noide, and see 500 gallons of home brew, and some equipment they mistake for a still, you might have issues.

 

[MalFet]

Why not just have "parties" on the weekends, $10 cover for all you can drink? I'm thinking that's legal.

Depends on your location. I believe that is generally municipally regulated, and in many places is related to zoning laws.

 

[dmcoates]

Ok I think this is ready for "Mythbusters"...We all agree it is technically illegal to sell homebrew. Yet none of us has been able to come up with any sort of evidence that anyone, anywhere has ever been arrested/cited/prosecuted for selling their homebrew. The case in Alabama involved a homebrewer who was also distilling..and in a dry county to boot. Maybe the government says it is "illegal" but really doesn't care because it isn't worth the resources to enforce the law. Are they going to spend the money to investigate and prosecute somebody selling homebrew kegs to neighbors? Again I am not advocating breaking the law but.....is it a law if nobody actively enforces it?

ALLEGEDLY DISTILLING.

I saw the picture posted with the Cops around all his gear and i saw nothing that looked like a Still or Even Corn Whiskey. He had a really nice Conical Fermentor and a Wort chiller. That might look like Distillation gear to someone that does not know what they are looking at

 

[jblizz]

If you are doing a 3 gallon boil w/ a 2 gallon top up did you brew 3 gallons or 5? Things that make you go hmmmm

 

[dmcoates]

here is the pic, its in this tread

https://www.homebrewtalk.com/f14/alabama-homebrewer-arrested-194144/

 

[two_hearted]

If you are doing a 3 gallon boil w/ a 2 gallon top up did you brew 3 gallons or 5? Things that make you go hmmmm

What was the volume you pitched yeast into? You brewed 5.

 

[I_B_Mongo]

Why not just have "parties" on the weekends, $10 cover for all you can drink? I'm thinking that's legal.

I can personally attest to the fact that IS ILLEGAL. I go busted in college for having a kegger. Looking back, maybe it wasn't such a great idea to pass out flyers, and the 300+ people in the back yard didn't help either.

Anyway, the cops sent an undercover guy to my party. He asked me "so what does the $5 get me?". I thought to myself, "Self, what kind of goober has never been to a kegger before?", but told him all the beer and jungle juice you want. He went to the kegs (we had 6!) took poured a sample of beer, apparently poured it into a container for evidence, came back, busted 3 freshman for minor in possession, then busted me.

Class C felony charge of selling alcohol without a liquor license and 3 misdemeanor charges of contributing to the delequancy of a minor. They dropped the misdemeanor charges, and I was able to plead down to class A misdemeanor charge of "failure to comply with licensing laws. Total ordeal cost me a few hours in the city jail, over $5000 in lawyer, fines, and court room costs, and all the beer and jungle juice.

 

[doctorRobert]

I can personally attest to the fact that IS ILLEGAL. I go busted in college for having a kegger. Looking back, maybe it wasn't such a great idea to pass out flyers, and the 300+ people in the back yard didn't help either.

Anyway, the cops sent an undercover guy to my party. He asked me "so what does the $5 get me?". I thought to myself, "Self, what kind of goober has never been to a kegger before?", but told him all the beer and jungle juice you want. He went to the kegs (we had 6!) took poured a sample of beer, apparently poured it into a container for evidence, came back, busted 3 freshman for minor in possession, then busted me.

Class C felony charge of selling alcohol without a liquor license and 3 misdemeanor charges of contributing to the delequancy of a minor. They dropped the misdemeanor charges, and I was able to plead down to class A misdemeanor charge of "failure to comply with licensing laws. Total ordeal cost me a few hours in the city jail, over $5000 in lawyer, fines, and court room costs, and all the beer and jungle juice.

That's pretty lucky since you served to minors, and charged em for it.

You can't sell alcohol without a license, why are so many people interested in this anyway? This is a hobby. Are you trying to make $10 here and there or something?

If you want to go pro, go pro.

 

[I_B_Mongo]

That's pretty lucky since you served to minors, and charged em for it.

You can't sell alcohol without a license, why are so many people interested in this anyway? This is a hobby. Are you trying to make $10 here and there or something?

If you want to go pro, go pro.

It wasn't my homebrew. Just Natty. Not that it makes it any more legal, just saying. And yes, I got lucky they dropped the minor's charges. Still, it was just a college party in a college town. I guarantee there were at least 3 more parties that same night. But, I learned my lesson. From then on, when we had parties, the beer was free, and I checked ID's. My friends were good enough to throw a few buck under the door to my bedroom, but I never took any money again.

 

[Phunhog]

According to the AHA there are almost 1 MILLION homebrewers! I just can't believe that someone, somewhere didn't try to sell their homebrew and was subsequently fined/jailed. Either homebrewers are absolute law abiding citizens with no "bad apples", there is no money to be made selling homebrewed beer thus no one is doing it, or the authorities really don't care and/or don't have any resources to deal with it.

 

[integrator]

Per the ATF website, they utilize satellite imagery to monitor residential foot traffic. High volumes, without exception, indicate either an illegal still, marijuana retail operation or excessive homebrewing. Once identified the local ATF branch is deployed to crash the party and reduce the substance level into compliance.

I just got done covering the walls in aluminum foil. Thanks for the advice. <puts on aluminum foil hat>.

 

[CoolHandLuke]

...don't have any resources to deal with it.

It seems there is absolutely no significant federal enforcement on the home brewing limit - similar to how the feds now enforce (or don't enforce) marijuana sales in CA. That said, I am surprised there doesn't seem to be any significant state enforcement outside of states which still keep their prohibition era laws intact. Interesting....

 

[ShaggyDogBrewing]

I can personally attest to the fact that IS ILLEGAL. I go busted in college for having a kegger. Looking back, maybe it wasn't such a great idea to pass out flyers, and the 300+ people in the back yard didn't help either.

Anyway, the cops sent an undercover guy to my party. He asked me "so what does the $5 get me?". e.

The correct answer was "a cup" .... the beer is free... but cups are $5

 

[kappclark]

Depends on your location. I believe that is generally municipally regulated, and in many places is related to zoning laws.

I actually read the zoning laws here in Windham. No distilling, and you are not allowed to operate a slaughterhouse.

Good to know (!)

 

[I_B_Mongo]

The correct answer was "a cup" .... the beer is free... but cups are $5

Thanks, but I realized that as I was being handcuffed. I asked the cop later on if it would have made a difference, but he said no. Apparently somebody else had tried that and they got the same charges.

Oh well...live and learn. The only thing that really chaps my ass about it is I tried to get it taken care of right away, never heard anything...ran into the arresting officer on night and said they weren't going to press charges...then almost 3 years later started putting in applications with different fire departments with no luck...finally a guy I knew at one of the departments told me [off record, of course] "we'd love to hire you, but you've got an outstanding warrant" Turns out the county got a new prosecuting attorney, and decided to bring it to court...but I never got a summons, so I never showed up = bench warrant.

Long story short, called an attorney, got it taken care of, dropped almost 5 large, and got a job with a better department.

 

[JRems]

Damn that sucks. The beer at the party should always be "free". Just have some kind of food as well, charging money for the food is legal.

 

[ShaggyDogBrewing]

Glad to hear you got it taken care of but its pretty lame it cost that much, one would think that would fall under a "statute of limitations".

I'm gonna keep the myth of "cup charging" alive though for the sake of younger generations.

 

[ArcaneXor]

According to the AHA there are almost 1 MILLION homebrewers! I just can't believe that someone, somewhere didn't try to sell their homebrew and was subsequently fined/jailed. Either homebrewers are absolute law abiding citizens with no "bad apples", there is no money to be made selling homebrewed beer thus no one is doing it, or the authorities really don't care and/or don't have any resources to deal with it.

I would never sell my homebrew. What's the point? Making a couple of bucks but risking really nasty, if unlikely, consequences? This community is all about enjoyment of the art of creating and sharing wonderful beverages, not about making a buck on the side, on my opinion. "Bending" or flat out breaking the rules is selfish and could possibly impose restrictions on our hobby - all it takes is a couple of high-profile cases where something bad happens. The public and media are still largely ignorant of our hobby and are quick to equate it with moonshining. Not the kind of press we need.
Appreciate that we have the right to homebrew and don't be greedy is my opinion.

 

[r8rphan]

I don't make beer.. Just a hell of a lot of wort.. and then I eat some yeast separately.. I like the farts.. and the foam...

The only time I have 'ever' fermented wort, is those two carboys over there, and those three cornys over there, and well, those cornys in the kegerator.. But I don't actually even drink those.. I just wanted to see what would happen if I actually put the yeast in the wort.. Did it three years ago.. It's just been 'conditioning' ever since...

and that coffee can full of one and five dollar bills?.. I get donations for great advice....

All those people were druk before they got here... I'm just keeping them here so they don't go anywhere and hurt themselves... especially those half undressed teeny boppers over there...

I swear, ossifer!

 

[pacebrew]

what a ****ing ridiculous law. Sure BMC and ATF were all over that one.

I mean REALLY? are they going to limit how many loaves of bread I can make? lol i mean seriously dude. Why are you even worried about that? And then people vote for bigger government in 2008. lol COME ON.

You know what i say? If they are able to find out how much you are brewing without you telling them then we got a HUGE problem in this country, as it implies our right to privacy and probably our personal property rights are being trampled on.

And that's just unacceptable. keep your mouth shut and brew whatever the **** you want.

THis is a stupid law. So is the one where they ticket you for having a GPS on your windshield. Has anyone seen the kind of vision blocking effect a SUN SHADE HAS. lol Its FAR more dangerous. And dont come back and argue that is the "paying attention to the screen" that's dangerous, because they let you pay attention to the screen if its on the dashboard....

just another example of dumb ass big government telling us what we can and cant do. With draconian laws that really make no logical sense. And then they hire people to enforce them who wont question them. I dont get it.

Sorry for the rant, but i think you should brew what you want and don't tell anyone, just in case. But i think that your risk is minimal. Unless you have pesky nosy neighbors watching your every move and calculating your batch totals and then dime on you to the cops.. lol then again i say PROVE IT BITCH!

 

[MalFet]

what a ****ing ridiculous law. Sure BMC and ATF were all over that one.

I mean REALLY? are they going to limit how many loaves of bread I can make? lol i mean seriously dude. Why are you even worried about that? And then people vote for bigger government in 2008. lol COME ON.

Please leave politics to the appropriate forums. Neither party gives a rat's ass about homebrewing.

 

[pacebrew]

yea thats true, but its sitll a retardo law. and that i think we can all agree on.

 

[muse435]

what if you own two houses? does that give you an extra 200 gal?

 

[Special Hops]

There are lots of laws on the books that are not enforced or just so s dated In SC it's legal to beat your wife on Sundays on the courthouse steps.

 

[McMalty]

thanks OP, way to draw attention to the fact that half of us have freaking breweries in our basements. sure, Barney Fife's out there in your driveway with night vision goggles watching how many HBs you slam every single day of the year, and he's keeping count!

 

[HopHead24]

what if you own two houses? does that give you an extra 200 gal?

Sweeeeet I have two rental properties!!!
Looks like 600 gallons for me!!

 

[yummybeer]

Why must people continue to talk about this? Brew what you are going to brew and let it be. The best way to keep under the radar is to stop running your mouth.

agreed! brew what you want. if you go over the limit, you go over; just don't make a big scene of it and you won't get caught.

 

[Phunhog]

It DOES NOT matter if you go over the limit!! I have yet to find a single case anywhere where a homebrewer was fined/prosecuted for brewing over the limit. It is not worth the TTB/ABC's limited resources to go after a homebrewer who brewed "over limit". I am not even convinced they care if you sell it. By "caring" I mean actually launch an investigation and try to prosecute you.