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Messages - garyg

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1
Gary....I am glad that so far AB 2609 been passing easily. However I am confused by a recent amendment (7/2) to AB 2609.   It reads.....Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area.
It seems to me that homebrewed beer/wine has to be served in a seperate area than commercial beer/wine and you have to have a "hall monitor" watching people go in and out?   Is that true?
The problem I have with it is I am currently donating homebrew to various charities/non profit events.  These events also feature commercial beer/wine to some degree.  It is highly doubtful that anyone is going to set up a special area complete with a physical barrier and monitored point of entry just because there is homemade beer/wine.  So any idea why this ridiculous amendment was put into AB 2609?
I really have no idea where that amendment came from.  We didn't get any forewarning on that one.

My reading of it is that it is intended to differentiate commercial beverages from homemade beverages.  Some rope stanchions or something similar to differentiate the space would probably be sufficient.  This amendment only applies to events open to the public.

2
We just sent out an action alert to our California members about an up-coming Senate hearing for California AB 2609, which would allow for homebrewer organizations to host homebrew events, in particular events like the Southern California Homebrewers Festival and the AHA National Homebrewers Conference.  The bill recently was passed unanimously by the Assembly and is now scheduled for a hearing before the Senate Governmental Organizations Committee.  We ask California homebrewers to write to the committee chair in support of the bill.

You can see the alert at: http://www.homebrewersassociation.org/recent-alerts/legalize-ca-homebrew-events/.

3
General Homebrew Discussion / Baltimore Homebrew Shop Flooded
« on: May 01, 2014, 12:18:24 PM »
I heard from an AHA member who indicated that the Nepenthe Homebrew store in Baltimore, Maryland was flooded and causing devastating damage to the store. Local homebrew club Baltibrew, which had been planning to participate in a Big Brew event at the shop this Saturday, has been rallying its members to get together on Saturday to help clean up the shop.

If you live in the area, I'm sure Nepenthe and the Baltibrew club would appreciate all the help they can get with the clean-up effort.

The address of Nepenthe is: 3600 Clipper Mill Rd #130a Baltimore, MD 21211.

4
KS bill signed April 17th and published and official April 24th.  For the last 4 days we've finally been able to legally remove beer/wine/cider from the home and give it to others beyond immediate family.  We can legally hold a competition now too.

I'd like to thank the AHA for their help, the Kansas Homebrewers Alliance, people all over the state who talked to their representatives to educate them, and with a special shout-out to Steve Cook, who spearheaded this effort.

cheers--
--Michael

Congrats to all involved in this effort!  Thanks to all of the Kansas homebrewers that contacted legislators.  I know there will be a ceremonial signing of this bill with the Governor later this week.

5
We just posted an Action Alert regarding a Florida bill that if passed would be very bad for Florida's craft breweries: http://www.craftbeer.com/action-alerts/attention-florida-beer-activists-support-your-states-small-brewers.  If you live in Florida, please contact your state Senator.

6
Classifieds / Re: The AHA is Hiring!
« on: March 24, 2014, 08:19:57 AM »
Was this position filled?
Yes, it was filled in January.

7


Oregon has a similar provision allowing donations of homebrew to non-profits and actually allows homebrewers to deduct their donations.

Gary, could you steer me on where to find this language?  ORS or OARs? Thanks!

We've got all of the relevant statutes regarding homebrew in the Homebrewing Rights section of HomebrewersAssociation.org.  Oregon is at http://www.homebrewersassociation.org/homebrewing-rights/statutes/Oregon/

Here's the relevant text:

Oregon statute Title 37
471.037 Homemade beer, wine and fermented fruit juice exemption from liquor laws. (1) As used in this section and ORS 471.268:

(B) “Financial consideration” does not mean any of the following:
...
(i) A tax deduction or credit for donating beer, wine or fermented fruit juice to a nonprofit organization.
Excellent, thank you!
I wouldn't recommend trying to claim that deduction on your federal tax return!  :)

8


Oregon has a similar provision allowing donations of homebrew to non-profits and actually allows homebrewers to deduct their donations.

Gary, could you steer me on where to find this language?  ORS or OARs? Thanks!

We've got all of the relevant statutes regarding homebrew in the Homebrewing Rights section of HomebrewersAssociation.org.  Oregon is at http://www.homebrewersassociation.org/homebrewing-rights/statutes/Oregon/

Here's the relevant text:

Oregon statute Title 37
471.037 Homemade beer, wine and fermented fruit juice exemption from liquor laws. (1) As used in this section and ORS 471.268:

(B) “Financial consideration” does not mean any of the following:
...
(i) A tax deduction or credit for donating beer, wine or fermented fruit juice to a nonprofit organization.


9
I've always understood the Federal law to govern interstate stuff while intra state stuff was more or less up to the state, with obvious exceptions. Course, I'm just some guy, not a lawyer.

State's can be more restrictive than federal law, but they can't write a law that supersedes the federal law.  In this case, it wouldn't be illegal for a non-profit to sell tickets to an event where homebrew is served as far as California enforcement goes, but it's still federally illegal, so the TTB could still enforce the federal law.  So far, I have yet to see the TTB get involved with state homebrew bills that seem to go beyond federal law.

10

No because the new homebrew law was intended to allow homebrewers to donate homebrew to non-profits that could then profit from that homebrew by selling tickets to a fund raising event where that homebrew is served.  Apparently the California state legislature did not bother to check what the federal law was, since the new law most definitely violates federal law.

Oregon has a similar provision allowing donations of homebrew to non-profits and actually allows homebrewers to deduct their donations. 

11
I have been working with the California Homebrewers Association on this issue.  The homebrew bill that was stealthily passed by the legislature last year had good intentions, but did not take into account many of the well established homebrew events that were already happening in the state. 

We are very hopeful for a legislative solution later this year.  Of course with legislation, there are no guarantees of success, but it does seem there are a number of state legislators that are interested in getting the situation fixed.

We'll be sure to let California AHA members know if/when a bill is filed and contacts with legislators are needed to ensure the bills success.

12
Kansas homebrewers, support your brewing rights!  Substitute for HB 2223 passed the Kansas House today and now moves on to the Senate.  Please contact the members of the Senate Federal and State Affairs committee as well as the state Senator for your district and ask them to support Substitute for HB 2223.

See the action alert at: http://www.homebrewersassociation.org/recent-alerts/calling-all-kansas-homebrewers/.

13
General Homebrew Discussion / Re: please help.
« on: February 10, 2014, 12:29:28 PM »
Is this for the Zymurgy app?  If so, contact our member services department at 888-822-6273.  They can walk you through the login process.

14
From what I heard, Thursday is the likely day for a vote, so still time to contact representatives before the vote.

15
We just sent another action alert, this time in support of the Mississippi Brewers Guild on an issue that could very negatively affect that state's small commercial breweries.  We urge Mississippi residents to contact their legislators and respectfully ask that they vote no on SB2590/HB1363.

You can see the alert at: http://www.craftbeer.com/action-alerts/action-alert-support-mississippi-small-brewers-oppose-sb2590hb1363.

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