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Phunhog

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I came across this today....Geezericious: Hugh Schick's brewtruc Ready to Hit the Road
It seems that there IS a way to serve homebrewed beer on a somewhat commercial level, at least in CA. Apparently chartered buses/limousines aren't not regulated by the ABC. It is legal for a charter company to pour "complimentary" alcoholic beverages with the price of admission. Sounds like a great idea in the right market (big city). Take a tour of the city while drinking both homebrewed and commercial beer.
 
They elude to that but do not come right out and say, they can serve homebrew and I am pretty sure there is a reason for that. It is illegal to sell homebrew. The argument of giving it away is null because the participants PAY so they would be buying the beer in the eyes of the ABC.

It sounds like they would be able to give away would be micro breweries beers. Say someone that has a brewery license but is unable to distribute??? I am no legal expert but I seriously doubt this is a loophole unless it is specifically confirmed by the ABC. Interesting idea however...
 
They do mention homebrew on their website...brewtrucsf : introduction
I think they are exposing the loophole that was carved out for the limousine/charter bus industry in CA. Essentially,other than being 21, the other alcohol laws are specifically exempted. I know that they mention that the brewtruc has no alcohol license at all.
 
Sweet, so we just have to set up a bar in a mobile home and customers just pay an entrance fee and the beer is provided free ;)
 
Hmmm..well, you can't sell home brew. This "loophole" could provide days of hairsplitting. And limos are the only way to provided it "complimentary".

The big thing with alcohol is taxes. I doubt any home brewer is just going to give away their beer for someone else to make money.

The Brewtruc is already paying sales tax on beer that's been taxed before it's left the breweries. Even nano breweries.

The only way this could seem plausible for home brew, would be setting up a mobile brewery instead of a mobile pub. Since breweries can give away beer as part of a tour. Also I believe they can give out samples of new beer for taste testing before producing it commercially and not have to pay tax on it, it's been a while since I've read up on it in depth. However those are still licensed breweries.

So it's not too far fetched to reason that a mobile home brewery could in fact produce and give away beer for the price of admission. But then there's the whole 200 gallon limit.

Then there's going to be a whole new headache of how exactly you claim the income. The limo angle would have to be your business because home brew would be right out. and you couldn't claim any of the expenses as "hobby" because you can't sell it.

You could likely claim the brewing supplies since they are a cost of the unique limo service you are providing. But it may raise a few questions as to how all of the grain relates to a limo. Beer is nothing out of the ordinary, it's components however....

Fun as the idea sounds, all of the effort and expense that would go into taking advantage of the loopholes that may allow for the "sale" of homebrew. You may as well cut to the chase and start towards making a nano brewery.
 
You have to be the top "loophole" searcher on this forum. If you spent as much time with the proper paperwork as you do looking for "loopholes", you'd have a legal brewery by now.
 
Moi? I know what I know because I seriously entertain the thought of starting a brewery. Which is part of the reason I've taken up a trade that deals with taxes. Prior to that I study up on what issue lie ahead. Which is how I can foresee plausible loopholes, that all get very near tax evasion. That's what finally did in Al Capone, and was the initial force behind all of the moonshine hullabaloo. Safety issues take a backseat to the fact that Uncle Sam wanted his taxes on the booze.
 
Hmmm..well, you can't sell home brew. This "loophole" could provide days of hairsplitting. And limos are the only way to provided it "complimentary".

The big thing with alcohol is taxes. I doubt any home brewer is just going to give away their beer for someone else to make money.

The Brewtruc is already paying sales tax on beer that's been taxed before it's left the breweries. Even nano breweries.

The only way this could seem plausible for home brew, would be setting up a mobile brewery instead of a mobile pub. Since breweries can give away beer as part of a tour. Also I believe they can give out samples of new beer for taste testing before producing it commercially and not have to pay tax on it, it's been a while since I've read up on it in depth. However those are still licensed breweries.

So it's not too far fetched to reason that a mobile home brewery could in fact produce and give away beer for the price of admission. But then there's the whole 200 gallon limit.

Then there's going to be a whole new headache of how exactly you claim the income. The limo angle would have to be your business because home brew would be right out. and you couldn't claim any of the expenses as "hobby" because you can't sell it.

You could likely claim the brewing supplies since they are a cost of the unique limo service you are providing. But it may raise a few questions as to how all of the grain relates to a limo. Beer is nothing out of the ordinary, it's components however....

Fun as the idea sounds, all of the effort and expense that would go into taking advantage of the loopholes that may allow for the "sale" of homebrew. You may as well cut to the chase and start towards making a nano brewery.

From the sounds of it the guy who owns brewtruc doesn't brew himself. He lets other homebrewers pour their beer for his customers. I don't know if he compensates them or the homebrewers just get "publicity". You are right though, your business would have to be a charter bus line/limo service NOT a brewery, even though he advertises it as a mobile tap room. I do think it is interesting though that the ABC has no jurisdiction over it but rather the Public Utilities Commission that regulates charter buses/limos. They make NO distinction in regards to type of alcohol that the company serves as long as it is just part of the charter service and thus "free". But we all know that nothing is "free".;)
 
Sounds similar to how Hair stylists offer beer/wine to customers. They don't need a liquor lic because they are not charging for it. Although, it seems like the 200gal limit for yearly production could quickly be consumed, and thus cause a problem for the company.
 
Sounds similar to how Hair stylists offer beer/wine to customers. They don't need a liquor lic because they are not charging for it. Although, it seems like the 200gal limit for yearly production could quickly be consumed, and thus cause a problem for the company.

Technically I think hair salons offering free alcohol without a license is illegal because they are considered a "public place". The lack of a requirement for a liquor license was a loophole put into place by the limo industry. They aren't selling alcohol because it is "included" with the package whether you drink it or not. Like I said though the guy who owns it doesn't brew himself so the 200 gallon limit does not apply unless he was to get the beer from the same homebrewer all the time.
 
I'll be checking this beast out at Small Batch:Big Thirst this Saturday. I'll try and get some good pictures to post.
If anyone will be is San Francisco for SF Beer Week, you should stop by say hello. I'll be pouring homebrew at this event.
 
I'll be checking this beast out at Small Batch:Big Thirst this Saturday. I'll try and get some good pictures to post.
If anyone will be is San Francisco for SF Beer Week, you should stop by say hello. I'll be pouring homebrew at this event.

Good for you!!:mug: So glad to see this event go off.
 

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