Serving homebrew beer for a benefit legality

[Beardown]

Does anyone know the legality of serving homebrew to the public at a benefit event? It will not be sold... thanks

 

[TasunkaWitko]

Check with your insurance agent; s/he is the best person to advise you on this and the risks (if any) involved, so that you can be properly covered. Seriously.

 

[mgortel]

Im sure it depends on local ordnances/laws. Obviously cannot sell it. I have a friend here in PA that is starting a Brew Pub and he would serve his home-brews for free at the York City First Friday Events (they would close down part of York City for basically a street party) and that was totally legal...but again local laws dictate.

I would suggest that if it is at a place where you could bring your own beer to drink anyway then what is the difference....probably fine

P.S. I'm not a Lawyer....but I played one in a school play once....

 

[triethylborane]

Check with your insurance agent; s/he is the best person to advise you on this and the risks (if any) involved, so that you can be properly covered. Seriously.

Only attorneys can give legal advice


Its so varied, for example in HI you have to have a LEO on premises.

 

[GPP33]

Check with your local alcohol enforcement agency. The meal part of your benefit can't be written off as a donation since they are receiving something in return for the "donation", in other words you are selling them food, if you give them beer then you are selling them beer too. If you are selling them beer a regulatory agency somewhere will have something to say about it. Laws will differ by state.

 

[TasunkaWitko]

Only attorneys can give legal advice

I didn't say anything about legal advice; this is a different angle. I'm a licensed insurance producer. We keep you covered, so that you don't need an attorney. If you check with your Homeowners (or Renters) policy, you will see a fairly large number next to "Personal Liability." If he consults his insurance agent, he won't need to use it.

 

[madscientist451]

Your first stop should be whatever government agency regulates alcohol in your state. If they say its OK, you should also check with any local town, city, county or whatever other government officials might be involved. If they say its ok, the next step would be obtaining liability insurance. If you were having a keg party on your own property, you can serve your homebrew to people you've invited. When dealing with the "general public" in a public place, it can be a different story depending on where you are located.

 

[Northern_Brewer]

Does anyone know the legality of serving homebrew to the public at a benefit event? It will not be sold... thanks

You don't say what country you're in, and the rules for this kind of thing vary massively, even within divisions of the same country.

But in general anything that looks like money being exchanged for beer will get the attention of not just the local licensing authorities but the taxman as well. And an entrance fee to an event where beer is being served, will be considered to be "money for beer" in most jurisdictions. However the law can be a little bit blind in some circumstances when good causes are involved - ideally you want to talk to someone with direct local experience before going straight to the authorities. But you can't assume that you'll be overlooked.

It's one of those things that is a nice idea in theory but in reality can be very hard to do and stay on the right side of the letter of the law.

 

[MaxStout]

I didn't say anything about legal advice; this is a different angle. I'm a licensed insurance producer. We keep you covered, so that you don't need an attorney. If you check with your Homeowners (or Renters) policy, you will see a fairly large number next to "Personal Liability." If he consults his insurance agent, he won't need to use it.

You might want to check what your state defines under its statutes regarding unauthorized practice of law. If you give a client legal advice (even if you think it's not "legal advice"), and in reliance of that advice, he incurs some detriment, you may very well fall under scrutiny due that statute. That "fairly large number" you speak of is just that the insurance carrier will indemnify you for liability due to your faulty advice. It in no way makes the client's issue legal; that legality is the issue the OP is concerned with.

OP needs to seek advice of licensed legal counsel in his jurisdiction.

/attorney

 

[TasunkaWitko]

Ok - once again, it wasn't legal advice. It was insurance advice.

To the OP - do what you want...just make sure your premiums are paid up, and think about getting an umbrella.

 

[JonM]

I didn't say anything about legal advice; this is a different angle. I'm a licensed insurance producer. We keep you covered, so that you don't need an attorney. If you check with your Homeowners (or Renters) policy, you will see a fairly large number next to "Personal Liability." If he consults his insurance agent, he won't need to use it.

But, holy crap, if there’s an exclusion for liquor liability (as there often is) there’s no coverage. Also, if he gets fined by the Dept. of Revenue or charged with operating an illegal tavern, I don’t know of any insurer that covers that.

To the OP, call a lawyer - preferably one who knows liquor laws where you are and one who understands (or who has a partner who understands) insurance.

 

[TasunkaWitko]

For the last time - my post was about insurance, not legalities or ordinances. I've seen claims go in directions never anticipated, both in good ways and in bad ways. This is part of an event - bringing homebrew to that event opens up a whole new can of worms, for the organizers of the event as well as for the OP. None of us sitting here on an internet forum (including myself) are more qualified to discuss the potential issues than the OP's insurance agent. There's no reason not to, and the agent can certainly make sure that the OP is covered...or provide an option, if not.

I'm out, guys.

 

[MaxStout]

This is not an insurance issue. This is a legality issue. Read the OP's post. Read it again if you have to. His question is direct.

Insurance will not protect him from legal liability if the state/local authorities go after him. He needs legal advice before doing what he proposes. He can get those answers from a qualified attorney, or as madscientist noted, from his state liquor board (or equiv.), and local authorities. An insurance agent cannot--and should not--be dispensing this kind of advice. They are not qualified to do so. Waving your magic wand and deeming it "insurance advice" does not change the fact that this is clearly a legal issue.

 

[JonM]

Bye.


OP, the insurance stuff is really short-sighted advice. An insurance agent might be able to tell you what is and what is not covered by your policy but 15 years as an insurance lawyer tells me that serving alcohol, giving away alcohol, etc. ain’t gonna be covered, nor will anything like guests causing a drunk driving accident.

At least around here I think any time alcohol is sold, dispensed, given away, etc., SOMEone involved in the process has to have a liquor license, even if it’s one of those one-time-only picnic permit deals. In addition, anything distributed by a licensee has to be produced in a proper licensed brewery, I.e., not homebrew.

Call a lawyer in your area.

 

[MaxStout]

Bye.


OP, the insurance stuff is really short-sighted advice. An insurance agent might be able to tell you what is and what is not covered by your policy (15 years as an insurance lawyer tells me that serving alcohol, giving away alcohol, etc. ain’t gonna be covered, nor will anything like guests causing a drunk driving accident.)

At least around here I think any time alcohol is sold, dispensed, given away, etc., SOMEone involved in the process has to have a liquor license, even if it’s one of those one-time-only picnic permit deals. In addition, anything distributed by a licensee has to be produced in a proper licensed brewery, I.e., not homebrew.

Call a lawyer in your area.

JonM--never knew you were an atty. Cool!

I agree, this can be a can of worms, depending on state/local alcohol statutes and regs. Another issue: even though OP may not be charging for the drink, the fact that guests are paying or donating for the whole event may imply that some consideration is being given for alcohol, as authorities may not necessarily apportion what part of that consideration is going for food, etc., and what goes for alcohol.

A good chunk of my day-to-day practice is advising corporate clients on how to avoid legal liability, whether in intellectual property, tort, etc. It's important for OP to seek proper advice.

 

[Phunhog]

It is legal for a charity to sell homebrew in California.....I have done it many times. Obviously there are some rules that may or may not need to be followed.

 

[Albionwood]

Like Phunhog says, it is perfectly legal in California to sell homebrew at charity fundraisers. The law is fairly new and quite clear about the conditions. Home brewers cannot receive any compensation of any kind.