Author Topic: Using my Homebrew to raise money for charity  (Read 6234 times)

Offline reverseapachemaster

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Re: Using my Homebrew to raise money for charity
« Reply #15 on: March 22, 2013, 08:29:58 AM »
http://www.homebrewersassociation.org/pages/government-affairs/statutes/california

Quote
California state statute § 23356.2 allows the manufacture of beer for personal or family use, and not for sale by a person over the age of 21. The aggregate amount of beer with respect to any household shall not exceed 200 gallons or 100 gallons if only one adult resides in such household.

Any beer manufactured pursuant to this section may be removed from the premises where manufactured for use in competition at organized affairs, exhibitions or competitions, including homemakers' contests, tastings, or judgings.

It seems like there could be a bit of leeway as to what constitutes a homemaker's tasting. I wonder if there's any interpretive case law concerning this statute. It would be a simple search on Westlaw or LexisNexis.

I would be surprised to find any homebrewer has challenged the state ABC's construction of that rule in a court willing to issue a written opinion, let alone by receiving formal opinion from the ABC itself. When I had unlimited Lexis and Westlaw access I checked for all homebrewing judicial opinions in the country and only came across a few cases where prisoners were challenging punishment for making hooch in their cells and then several prohibition era cases.

If you apply the last antecedent rule to the comma placement and standard rules of statutory construction you wouldn't splice out "tastings" and give it any meaning inconsistent with the words around it. So a "tasting" would be limited to an event similar to a "competition at organized affairs", "exhibitions", "competitions", "contests", or "judgings". In that framework it's unlikely a "tasting" would stretch so far as to include giving the beer away for charity. Even if it did, the list following "including" is illustrative and therefore would not be binding on either the courts or ABC. (Expressio unius est exclusio alterius.)

Under the CA statute the charity could probably sponsor a homebrewing competition and take entry fees but that is definitely not the same as giving the charity your beer and letting them sell it or include it in a raffle or included in the cost of admittance to a charitable event. For the charity to distribute beer or host any sort of tasting it likely needs a permit from the ABC. Probably not worth the effort or liability on the charity's part. Similarly I would not encourage a business, whether it normally sells alcoholic beverages or not, to sponsor an event where beer is given away without doing a lot more research on CA law and the required permits.
Heck yeah I blog about homebrewing: Brain Sparging on Brewing but I'm also a lawyer: The Kielich Law Firm

Offline ynotbrusum

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Re: Using my Homebrew to raise money for charity
« Reply #16 on: March 22, 2013, 12:30:03 PM »
Can't do any of that in IL....only allowed to be possessed by the "maker, his family and guests", so we need some reforms, badly.  They don't hassle the competitions, but they have prevented homebrew at festivals where taxed beer is served.  As to Wisconsin, I attend an annual brew fest that is a charitable event and they have a small area devoted to homebrew, after the law was changed there (they suspended it a couple years back due to uncertainty but then brought it back).  It's a big deal in Racine at a public venue, so I am pretty sure that they comply with WI law....
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Offline dirk_mclargehuge

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Re: Using my Homebrew to raise money for charity
« Reply #17 on: March 22, 2013, 01:46:34 PM »
This Saturday (6/19) my local area is having a charity home brew festival, and the way they got around it is NC did not like selling tickets to an event where untaxed beer is being given away, so they started a "join the charity" fee and the state let it go. So for $15 you can become a member of the charity and enjoy ~ 5-6 hours of free home brewed beer, not sure of this would fly in other states or not
It wouldn't fly in Texas. You can't put a barrier between people and beer. That's how I can get into Sam's and Costco without a membership.  ;D

Offline tomsawyer

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Re: Using my Homebrew to raise money for charity
« Reply #18 on: March 22, 2013, 02:18:07 PM »
Of course its not legal in most states.  But I would ask, does anyone know of a person who was arrested/fined for this?  As a one-time donation to a charity auction it is really limited and not worth a law enforcement officer's time or effort.
Lennie
Hannibal, MO

Offline thetooth

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Re: Using my Homebrew to raise money for charity
« Reply #19 on: March 22, 2013, 03:02:52 PM »
I know people who have auctioned off brewing lessons.  The winner gets to brew with you and keep the beer.  If they pitch the yeast, they then have made the beer in most states.

Don't know if this is the answer you were after, but that is one way to do it.

I've done this in CA.  It brings in more money for the charity and I feel like I'm helping someone possibly start the hobby rather than just giving them beer.  I also brewed a 10 gallon batch with the winners so I could keep 5 for myself.   ;)

Offline mtnrockhopper

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Re: Using my Homebrew to raise money for charity
« Reply #20 on: March 22, 2013, 03:52:09 PM »
Of course its not legal in most states.  But I would ask, does anyone know of a person who was arrested/fined for this?  As a one-time donation to a charity auction it is really limited and not worth a law enforcement officer's time or effort.
I imagine without true intent to profit, the most ABC will do is shut the event down. Especially if it comes down to interpretation of a law.

I've also heard of events where everyone is a judge and votes so the event is a competition - surely to skirt these rules.
« Last Edit: March 23, 2013, 11:46:40 AM by mtnrockhopper »
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Offline ynotbrusum

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Offline tomsawyer

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Re: Using my Homebrew to raise money for charity
« Reply #22 on: March 24, 2013, 05:15:09 AM »
I know fesitvals have been shut down in both IL and MO.  This isn't the same as an individual donating a case of homebrew for a charity auction.  Plus, I asked if anyone has been fined, and these festivals were shut down in advance when a permit was sought.
Lennie
Hannibal, MO

Offline ynotbrusum

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Re: Using my Homebrew to raise money for charity
« Reply #23 on: March 24, 2013, 05:38:54 AM »
I know fesitvals have been shut down in both IL and MO.  This isn't the same as an individual donating a case of homebrew for a charity auction.  Plus, I asked if anyone has been fined, and these festivals were shut down in advance when a permit was sought.

Agreed, but why subject the charity to a potential problem?  The laws should be relaxed and then we wouldn't have a worry about things that are at most a petty nuisance..
Hodge Garage Brewing: "Brew with a glad heart!"

Offline tomsawyer

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Re: Using my Homebrew to raise money for charity
« Reply #24 on: March 25, 2013, 04:53:21 AM »
I know fesitvals have been shut down in both IL and MO.  This isn't the same as an individual donating a case of homebrew for a charity auction.  Plus, I asked if anyone has been fined, and these festivals were shut down in advance when a permit was sought.

Agreed, but why subject the charity to a potential problem?  The laws should be relaxed and then we wouldn't have a worry about things that are at most a petty nuisance..
Agreed.  I do think theres a difference between donating something for later consumption, versus pouring beer at an event.  Certainly the latter has more complicating ramifications as far as changing laws.
Lennie
Hannibal, MO