florida law assistance

[bottomofthebarrel]

Anyone knowledgeable in florida homebrew law or know where I can find some answers?
The only things I've been able to find are that I can't sell, or give away to someone else to sell and the number of gallons I can make in a year.

I met a dude who really likes my beer and wants to serve some in his shop and we are looking for a legal way to do it. Even if it's every now and then.
Is there anyway that he can hold an event and serve homebrew?
Also, he will have a license to sell beer, not sure if that makes a difference or not.

A buddy of mine was doing some pourings at local businesses, they would sell tickets to the event that went to charity and they could then give away the beer (however, this was in California) is there anything like this in FL?

So far, I've asked the local brew shop, but they said they weren't aware of the laws.
Any help would be greatly appreciated.
thanks

 

[MaxStout]

I'm an attorney, but not licensed in Florida, so I cannot help you directly. Go to a small brewery and talk to the people who operate it. Ask for a recommendation of counsel. Chances are, they paid for a fair amount of legal advice, and the attorney they hired will likely know a good bit about many aspects of laws pertaining to alcoholic beverages, including home brewing matters.

Good luck!

 

[playalinda]

I am in the process of opening Playalinda Brewing Company in Titusville, FL. I have used this law firm: http://brewerslaw.com. Their web site has a lot of information on Florida Beer & Brewery Laws.

A great article for do's & dont's for breweries and beer who do not have their Federal & State Licensing:http://brewerslaw.com/index.php/pre-license-tasting-events-5-best-practices/

Bottom line: You or now one else can make any money off your home brewed beer. Hope this helps.

 

[playalinda]

I am in the process of opening Playalinda Brewing Company in Titusville, FL. I have used this law firm: http://brewerslaw.com. Their web site has a lot of information on Florida Beer & Brewery Laws.

A great article for do's & don'ts for breweries and beer who do not have their Federal & State Licensing:http://brewerslaw.com/index.php/pre-license-tasting-events-5-best-practices/

Bottom line: You or now one else can make any money off your home brewed beer. Hope this helps.

 

[aiptasia]

Brewer's law is a good resource. In order for you to serve your recipes in his bar, he'll need to apply for either a brewer's license or a brew pub license. This requires registering on both the federal and state levels (mainly for tax reasons) and will require him to pay alcohol taxes if he wishes to produce and sell beer on site. It's much easier for him to land the brewpub license and that will also allow him an easier route to sell beer on premises on draft and in growler fills.

The Brewer's Law link above is a good resource and even though you'd be paying for legal counsel, if you're serious about it, you might want to contact them for how to do this legally. Penalties and jail time are a very real thing when messing with the 3 tier law in FL. Just don't do it if you can't do it legally.

 

[Belenus]

I have poured my homebrew at a number of events in FL. All had paid admission, but free pours. I can't speak to specific laws, but it is extremely common practice.

 

[TopherM]

Your friend can host a "tasting" where he does charge admission, but can not directly sell the beer.

There are only TWO legal ways to sell beer in FL:

1) Make the beer on site and have the proper brewery licences to operating a tasting room.

2) Have a license to sell beer and buy it from a distributor.

There is no scenario in which the brewer (you) can give beer directly to a retailer (your friend) for sale. We live in a three tier state where the distributor has to touch it first. The only exception is the "Busch Gardens" exception that allows breweries to sell directly on site in a tasting room only when the beer is brewed on site.

 

[emjackson]

Your friend can host a "tasting" where he does charge admission, but can not directly sell the beer.

There are only TWO legal ways to sell beer in FL:

1) Make the beer on site and have the proper brewery licences to operating a tasting room.

2) Have a license to sell beer and buy it from a distributor.

There is no scenario in which the brewer (you) can give beer directly to a retailer (your friend) for sale. We live in a three tier state where the distributor has to touch it first. The only exception is the "Busch Gardens" exception that allows breweries to sell directly on site in a tasting room only when the beer is brewed on site.

True you will need Brewing licence as per the laws of South Florida, Every state has their own Brewing laws and legislation. If you need details, you can read this post for getting complete details about the Brewing laws in Florida.

http://brewerslaw.com/index.php/brewers-law-101-florida-craft-distilling-licenses/.