Can I legally do this?

[OHIOSTEVE]

A local bar owner has asked me to participate in a beer tasting event. He serves a lot of different beers and I have given him some of mine. He wants to have a tasting and asked me to bring some beer to sample. he will be charging for the event.

 

[JetSmooth]

Nope.

ETA: He should know better.

 

[tvtoms]

You'd need a license the same as if you were selling it I would think.

 

[BrookdaleBrew]

It depends on local law, but in NC we have a large Oktoberfest every year with hundreds of beers to sample and there is always a homebrew tent where you can sample homebrew. You have to pay to get into the event, but I assume it is legal because you aren't paying directly for the homebrew samples.

 

[Homercidal]

Check with your state law, but I am pretty sure here in Michigan it is against the law to sell your homebrew in any way, shape or form. I'm sure that includes hosting a tasting and featuring homebrews, as long as they are charging for entrance that is.

 

[AnOldUR]

He serves a lot of different beers and I have given him some of mine.

Even if it isn't legal, if he doesn't pay you, it's not you breaking the law. You didn't sell your beer. He's the only one risking getting busted.

 

[OHIOSTEVE]

OK, I told him I thought it was illegal. He thinks that as long as he charges for the commercial beer and adds the homebrew as " free samples" he will be OK. I don't know. There is another homebrewer he knows that he wants to get involved also.

 

[snail]

Couldn't you call your state liquor control and ask them if it's legal?

 

[dgooden]

You should take this opportunity to talk to your state liquor board and find out what they think, that way you get the answer...one way or another, straight from the horses mouth, not from someone who "thinks" it'll be OK.

 

[BrookdaleBrew]

Now that I think about it, I went to a different beer festival in a different state (SC) earlier this year and homebrew samples were also being given out there. It must have something to do with the fact that you're paying for entrance to the event, but not for the samples themselves.

 

[Priemus]

Maybe hes charging for the commercial brews and your ones are free with purchase of another

There is always a loophole.

 

[Homercidal]

FWIW - If you talk to the liquor control commission, they will tell you NO!

And FWIW as well, offering homebrew to the general public, even if money is not exchanged, is probably against the law. Homebrew is generally regarded as "for personal use and consumption" by most states. You can give it to friends and family, but just allowing anyone to stop by and sample is probably not what going to fly.

The homebrew laws sound harsh, because they are harsh.

 

[Homercidal]

Now that I think about it, I went to a different beer festival in a different state (SC) earlier this year and homebrew samples were also being given out there. It must have something to do with the fact that you're paying for entrance to the event, but not for the samples themselves.

Different states have different laws. In Oregon you can't even transport beer to a competition! And are you sure you were tasting actually homebrew at that festival? The festival I went to this past weekend offered samples of a Homebrew recipe that was brewed on professional equipment by the local brewpub. It was last year's homebrew contest winner and they had it on tap at the festival, but it was brewed under their license, not brewed at home and brought to the festival (so technically it was the brewpub's beer).

 

[OHIOSTEVE]

My life philosophy is pretty much SSS...... Shoot..Shovel..Shut up. So I won't be calling the authorities. Don't know if I will participate or not. This is the second time I have been asked to do something like this though. I wonder what a licensed brewery would charge to brew a batch of beer?

 

[LooyvilleLarry]

What your friend needs to do is have a beer competition. Not necessarily a BJCP event, maybe find a couple more HB's in your neck of the woods ( quite a few nice ones in the CMH area). Check your laws, but as an example, there was Beer & sweat in Cincy last weekend. and the charge $20, open to the public.

I think you are ok, your buddy, closer to the law and more to risk.

 

[BrookdaleBrew]

The festival I went to this past weekend offered samples of a Homebrew recipe that was brewed on professional equipment by the local brewpub. It was last year's homebrew contest winner and they had it on tap at the festival, but it was brewed under their license, not brewed at home and brought to the festival (so technically it was the brewpub's beer).

It was definitely homebrew and it was being served right out of cornies in both cases. For the larger festival in NC there was a specific section for homebrewers and all of them were handing out samples left and right. In the case of the smaller festival in SC, there was a specific tent for a LHBS and they were handing out samples of both beer and wine.

 

[Gremlyn]

California lets you...
"Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers' contests, tastings, or judgings"

Best to check your state laws on the subject, which happens to be a little confusing, sounds like it's not technically legal to home brew, though it's not technically illegal either... http://www.homebrewersassociation.org/pages/government-affairs/statutes/ohio

 

[ShortSnoutBrewing]

Unlike Homercidal, I'm a little more optimistic. But the key, if you really want to know, is to call the state. You don't need to give names, locations, etc. Just pose the question. Not requiring a purchase to get the homebrew sample is going to be important. I think by charging a "cover charge" this becomes a "private event" and that may be the loophole needed. Just like club meetings. It's a private event so you can share the beer.

There were a bunch of homebrewers (i forget where) that had plans of opening a nano. To test the waters and get feed back on their brews before being licensed they held parties at their house. Had bands, food, etc. They asked for "donations" but didn't require any. Just another way to get around the system. I know they did this for a while, but don't know what happened. Not a good sign I can't find them anymore.

 

[olllllo]

People need to stop confusing legal with "can I get away with" and what the state ACB will do. Those are perhaps three mutually exclusive things. The last one being the most important.

The risk to the business is the suspension of their license.

No one here can answer your question except your state ACB.

No one.

 

[Cheeto]

People need to stop confusing legal with "can I get away with" and what the state ACB will do. Those are perhaps three mutually exclusive things. The last one being the most important.

The risk to the business is the suspension of their license.

No one here can answer your question except your state ACB.

No one.

I am with olllllo,

The only way to get the correct answer is to call and ask the questions.

Forum Lawyers, although can give decent advice, are not the word of the law.



Ohio LCB
(614) 644-2360

http://www.com.ohio.gov/liqr/contacts.aspx

 

[Mischief_Brewing]

Not that I'm adding much, but NJ requires a $15 annual permit to homebrew (and a separate $15 for winemaking) and specifically stipulates that the beer must be consumed on premises. According to the NJABC, I'm not allowed to enter competitions, because that would be removing my beer from the premises...

This permit will authorize the home manufacture of up to 200
gallons of malt alcoholic beverages (beer, ale, stout, porter) for
personal consumption only. Product manufactured under the
authority of this Permit may not be sold nor may it be used for any
purpose other than personal consumption at the address which
appears below, by the permittee, his/her family and their bona-fide
guests.

 

[shelly_belly]

Looks to me that this wouldn't be allowed per Ohio Liquor Control Law (Assuming this is up to date)

4301.50 Distribution or sale of beverages without tax prohibited.
http://codes.ohio.gov/orc/4301.50

No person, firm, or corporation or his or its employee or agent shall distribute or sell any beverage upon which the tax provided for by sections 4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the Revised Code has not been paid. Any person, firm, or corporation or his or its employee or agent who violates this section or any rule of the tax commissioner shall be subject to all penalties provided in division (A) of section 4307.99 of the Revised Code.

Effective Date: 07-19-1995


4301.67 Illegal possession of spirituous or intoxicating liquor or beer prohibited.
http://codes.ohio.gov/orc/4301.67

No person shall have that person’s possession of any spirituous liquor, in excess of one liter, in one or more containers, which was not purchased at wholesale or retail from the division of liquor control or otherwise lawfully acquired pursuant to Chapters 4301. and 4303. of the Revised Code, or any other intoxicating liquor or beer, in one or more containers, which was not lawfully acquired pursuant to Chapters 4301. and 4303. of the Revised Code.

 

[OHIOSTEVE]

I am with olllllo,

The only way to get the correct answer is to call and ask the questions.

Forum Lawyers, although can give decent advice, are not the word of the law.



Ohio LCB
(614) 644-2360

http://www.com.ohio.gov/liqr/contacts.aspx

on the phone now
run around so far...... Ok it is ILLEGAL even if he does not sell it. he is not legally allowed to even HAVE home brewed beer or wine on the premises. We could have it at someones house but because of his license it is 100% illegal to do.
That said, the folks were super nice, basically said that they wouldn't go out of their way to come looking but if someone complained then yes. Also gave me some info on how to legally sell beer.

 

[Clayton]

where is you guyes sence of adventure ?/? wa wa call the feds

just do it!

 

[ShortSnoutBrewing]

where is you guyes sence of adventure ?/? wa wa call the feds

just do it!

Let's turn the tables around for a second. Act as if you were the license holder and really enjoyed owning your own business. Then some snot nosed home brewer gives you beer to distribute in your business (I know in this case it was the business owner's idea, but go with it). Sweet Lady Jane comes in and doesn't like this because her boyfriend John-John is a homebrewer and he wasn't invited. She complains to the state. Now you're out of a liquor license. That adventure isn't one I'd personally want to go on.

 

[OHIOSTEVE]

where is you guyes sence of adventure ?/? wa wa call the feds

just do it!

well now I can make an informed decision on what I want to do. Before the call it was speculation.

 

[OHIOSTEVE]

Let's turn the tables around for a second. Act as if you were the license holder and really enjoyed owning your own business. Then some snot nosed home brewer gives you beer to distribute in your business (I know in this case it was the business owner's idea, but go with it). Sweet Lady Jane comes in and doesn't like this because her boyfriend John-John is a homebrewer and he wasn't invited. She complains to the state. Now you're out of a liquor license. That adventure isn't one I'd personally want to go on.

there ya go... I might get a slap on the wrist.. the owner could lose everything. Not wirth it to me.

 

[vandeg]

If it doesn't work out, go annoy your state representative a little because thats what their there for.

 

[dotnetdotcom]

You should take this opportunity to talk to your state liquor board and find out what they think, that way you get the answer...one way or another, straight from the horses mouth, not from someone who "thinks" it'll be OK.

But call from a payphone, don't give your name and don't give the location of the event.
Yes, I'm that paranoid about state liquor agents.

 

[OHIOSTEVE]

But call from a payphone, don't give your name and don't give the location of the event.
Yes, I'm that paranoid about state liquor agents.

no name or location given.. called from cell.