Legality of giving away beer

[rellot]

So just a question I have had recently. Curious what people's opinions are.

Obviously without a license, you can't sell your homebrew. And obviously you can give it away to family and friends. (Well in a few states you can't even brew beer legally.)

But I'm curious about giving it away in more public venues. Homebrew is given away to the general public all the time during beer tasting events.

But I'm curious about giving away beer as an incentive to purchase something else. Something say at a farmer's market, selling one product, but giving away free beer in addition to the purchase. Would that border on actually really selling the beer.

Maybe if you gave free homebrew to anyone, no matter if they purchase or not, that would be okay. Or maybe it is all legal.

Or having an event that you have to pay to get in, but then homebrew is free. (Or is this how some homebrew tasting things already work?)

Certainly things would changes state by state, but I haven't found any legislation that speaks to this aspect directly.

So just curious people's thoughts. (Don't flame me if the answer is blatantly obvious.)

 

[ChillWill]

A local brewery (in England) doesn't have a license so it 'gives away beer' at brewery tours although the beer isn't included in the price cos that would be naughty.

 

[kpr121]

Any transaction where homebrew (or any alcoholic beverage) is exchanged for money is illegal (or course unless you have the proper permits).

 

[Revvy]

Rather than asking for what will be a lot of speculation, why don't you ask the question DIRECTLY to the group that would know. The Alcohol and Tobacco Tax and Trade Bureau contact us page.

 

[Beezy]

There are "breweries" doing that here. Sorry but if you don't have a license you are just a homebrewer. Hasn't stopped the paper from doing articles on them. They have legit homebrew tastings around here too.

 

[ChillWill]

Beezy, I think it's different in the UK maybe? You can sell alcohol to be drank off site (off license) which is what breweries and shops have, then there is an on license that pubs and bars need.

 

[Homercidal]

Here in Michigan we are allowed to gift up to 20 gallons per year. As I read it, it means 20 gallons per person per year. Other states have different statutes.

Some state do not allow homebrew to be removed form property and cling to the "personal use" wording very tightly.

Giving beer as an incentive to purchase something else is definitely "consideration", and I would say illegal.

You would be walking a fine line if you just happened to have some homebrew, offered as FREE, with no other qualifications mentioned at any point.

Also consider that simply offering an alcoholic beverage in some locations may break local statutes (such as alcohol in public, etc.)