Wine making club - Questions for legal purposes

[braukorps]

I am looking to start a wine making club in my area, hosted at my homebrew shop. I didn't know how it had to be constructed and legal - if it had to be similar to the standards for homebrew clubs? Any help, links, and tips are appreciated!

 

[ajm163]

i think the biggest issue you are going to run into is if you are consuming wine at a local business. if so they would have to have a liquor license and there is actually even more complexity with homebrew (whether beer or wine) in that circumstance. if your just starting this i would suggest avoiding all of that nonsense and hold your club meetings at a private residence. that way your just having a fully legal dinner party and discussing wine making. this is way easier especially when you are just forming the group and it will be reasonably small

 

[braukorps]

In the state of North Carolina, it's ok. Homebrew clubs have charters and insurances, and the store has their insurances where they end up meeting and covering. There are homebrew shops that host beer clubs, and wine clubs would fall under the same category. My question is if the wine club needs to be structured and have members individually insured like the beer clubs do. Beer clubs must have the pres, vp, etc as well as by laws and such regardless of where they meet to protect the individuals and the club. I'm looking to see if wine clubs require the same thing.

 

[ajm163]

dont know your local laws but i would guess you would need to follow all the requirements of a home brew club. I wouldn't see them making a legal distinction between wine or beer

 

[Rich2083]

In the UK there are no laws regarding brewclubs, you just make a club and start brewing. If members pay dues then you need to register for tax. Just remember the dues are for the materials and costs, not buyng the alcohol... thats free as a member!

 

[Ty520]

dont know your local laws but i would guess you would need to follow all the requirements of a home brew club. I wouldn't see them making a legal distinction between wine or beer

Actually, there are a few places where it is an issue ( like new York - can't sell beer and wine in the same retail space), but it's rare

I would call your state liquor board to make sure you've dotted your i's and crossed your t's

 

[bkboiler]

I *think* the american homebrewers association has a knowledge base about this and offers insurance that you can buy.

 

[madscientist451]

IMy question is if the wine club needs to be structured and have members individually insured like the beer clubs do. Beer clubs must have the pres, vp, etc as well as by laws and such regardless of where they meet to protect the individuals and the club. I'm looking to see if wine clubs require the same thing.

Does anyone actually follow through with the above BS? If you have a X-mas party and serve some homebrew and talk about it do you need "protect individuals"? Look up the first amendment of the US Constitution. The government can not limit your rights to assemble. They want a "wine club" to be structured and insured? OK, don't call it a wine club or homebrew club. Its an "old bottle collectors club" or its an "investor's club" but its really no one's business what your meeting is about or what you are doing. Your rights are only taken away if you allow it to happen.

 

[ajm163]

this is more a cover your a$$ from a liability prospective. If I was the owner of the home brew shop i would not allow you to have your meetings in my establishment unless you carried your own liability insurance (and you would probably need to be a legal entity to get liability insurance). if not the home brew shop would assume the liability for all your members actions. One jerk that has too much wine and runs a family off the road and the home brew shop is out of business

 

[AirLock Sniffer]

Does anyone actually follow through with the above BS? If you have a X-mas party and serve some homebrew and talk about it do you need "protect individuals"? Look up the first amendment of the US Constitution. The government can not limit your rights to assemble.

When it applies to lawsuits, it won't be the Feds that cause trouble. Maybe individuals get too wrapped around the axle on some of this stuff, but the bottom line is if you have assets, you need to protect them. If an attorney decides it is worth the trouble to sue, they will. "Judgment proof" only applies if you don't have any money. This is the "deep pocket" theory of litigation.

IF your club or an individual is held at fault or partially at fault, I don't know what happens. It isn't anything good. I know in the instance of an automotive liability policy they just pay out to the limits of the policy, and the insurance co. are done with it. They will go after your house or other assets if the judgment exceeds that.

You are correct in questioning whether this kind of thing ever happens in real life, but it is something to consider. If you have assets, own a home, own real estate or property etc., what happens on your ground and subsequent to that can come back to bite. I'd sure hate to find out the hard way. I'm pretty sure my homeowners excludes any sort of commercial beer sales, and dram shop law and that stuff.

Interesting question - maybe a legal beagle here can opine.

 

[Coffee49]

Does anyone actually follow through with the above BS? If you have a X-mas party and serve some homebrew and talk about it do you need "protect individuals"? Look up the first amendment of the US Constitution. The government can not limit your rights to assemble. They want a "wine club" to be structured and insured? OK, don't call it a wine club or homebrew club. Its an "old bottle collectors club" or its an "investor's club" but its really no one's business what your meeting is about or what you are doing. Your rights are only taken away if you allow it to happen.

I agree, the business of govt is to operate in a fiscal responsible way and protect the people of America, neither of which is happening at present, so all bets are off

 

[madscientist451]

In the state of North Carolina, it's ok. Homebrew clubs have charters and insurances, and the store has their insurances where they end up meeting and covering. There are homebrew shops that host beer clubs, and wine clubs would fall under the same category. My question is if the wine club needs to be structured and have members individually insured like the beer clubs do. Beer clubs must have the pres, vp, etc as well as by laws and such regardless of where they meet to protect the individuals and the club. I'm looking to see if wine clubs require the same thing.

I went on the AHA website and followed the links to North Carolina "homemade wine and malt beverage events" regulations. I read through it, nothing I could see that says how homebrew clubs need to be structured or what else they have to do.
Here are the rules:

https://portal.abc.nc.gov/Public%20Web%20Documents/Divisions/Legal/Statutes%20and%20Regulations/4.%20Effective%20Administrative%20Rule%20Changes/Homemade%20Product%20Permanent%20Rules%20Effective%20-%2014B%20NCAC%2015A%20.2301%20-%20.2307.pdf