Promotional Beer Legal Issues

[Skarekrough]

I'm one half of a company that attends a local trade show every year in January. About five years ago I showed up with a few bottles to give away to friends in the industry as a "thank you" for their various efforts over the years.

Over time this has snowballed. Last year I showed up with three gallons in growlers and a bunch of keg cups. That lasted all of 30 minutes. I had people asking me about it as soon as I walked in the door the day before the show to get things set up!

The other half of the company encourages me as a brewer and for the sake of the business to continue this practice.

The idea was to brew a few batches of a signature beer that everyone has been asking for and bring my portable keg setup to the event. We would have 10 oz. cups made with the company logo on them and dole out brew for the last 45 minutes to an hour of the show, a time where most attendees have already left but vendors need to stay behind.

My only concern about doing this is the basic legal issues that come with distributing alcohol. Were not charging anything for it and all those who would be receiving we are certain are over the age of 21....heck about 90% of them are over 50. I don't want to run afoul of the law and have it be an issue.

I'd appreciate your thoughts.

 

[stratslinger]

You'd honestly do much better to contact a lawyer, or, if you don't want to go that route, try asking the same over on probrewer.com. Most homebrewers really aren't going to be qualified to give you a reliable legal opinion on something like this... Do you really want to hang your hat on some homebrewer on the Internet saying "sounds legit"?

 

[Nightshade]

I know the here in WA as a business you aren't allowed to "give away" beer free of charge or discount it. This seems to have loopholes however because "Happy Hour" still exists which would be in violation of the law. Maybe they just look the other way in regards to happy hour but you may want to check your local liquor laws in regards to giving away beer.

Edit: and I agree with Stratslinger, ask over on PB or talk to a lawyer, the lawyer will definitley know but PB has a lot of "been there done that"

 

[Rbeckett]

In the state of Fla you are liable if you give or sell any alcoholic beveridge to another and they injure themselves or other. If you are having good PR from this then you might want to consider inviting them to a motel room for a "hospitality Hour". That will insure that they do not drive after consuming the brew and will allow you to network with those who will help advance you business goals. It's a very fine edge that you will have to monitor extremely carefully to avoid pitfalls and liability issues in the future. We used to give away quarts of liquir at Christmas, but we shipped it to them to use as they saw fit on their own time and at their own place. It's a great idea, but unfortunately in todays climate probably a very risky proposition to continue. I would also consult a lawyer and see what he says, because there are tons of "local lawyers" who will have differing approaches and answers.
Just my .02, FWIW.
Wheelchair Bob

 

[ReverseApacheMaster]

You definitely can be liable for any harm caused by the alcohol you distribute. Not just you personally but your business and probably the event organizer and venue. You may want to check your agreements with the event to make sure you're not breaking any of their rules that would get you kicked out and/or not allowed back following years. (That said, I know it's not uncommon for alcohol to be given away during trade shows so it may not be an issue with the event organizers or venue.)

There may be legal issues specific to your state about who can serve alcohol (i.e. whether you need an ABC certification) and whether it can be given away for free at that kind of event. There may also be some issues that it is homebrew being given away through a business or at a professional event.

You really should check with a lawyer in your state that deals with the state ABC. They should be able to answer those questions for a very reasonable fee. If you get some business out of those trade shows it makes little sense to put that business in jeopardy instead of paying a lawyer a few hundred dollars.

 

[Phunhog]

I don't think there would be a problem. You said it yourself...you are giving out the beer as gifts to friends in your industry. A glass with your company logo on it is a classy way to do it and isn't really any different than handing someone a bottle of beer with your logo on it. As far as the liability issue...I know in CA their is something called the "social host" law meaning someone can't sue you because they got in an accident/DUI/fall after drinking at your party. How would serving them homebrew any different? Assuming of course you aren't serving someone who is obviously intoxicated.

 

[JDFlow]

Business events hand out booze all the time. I highly doubt it's all legal but it happens nonetheless. Go with your gut.

 

[a_hard]

Business events hand out booze all the time. I highly doubt it's all legal but it happens nonetheless. Go with your gut.

Since you are trying to be nice to friends, coworkers, I would think that would fall under homebrew distribution off premises. Some states don't allow it, some under certain amounts, and some don't care. Since the company wants you to continue I'd say seek advice from the legal dept