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Homebrew "Selling" Question

Posted on 2/27/18 at 2:45 pm
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
7362 posts
Posted on 2/27/18 at 2:45 pm
This may or may not be the right place for this but we'll start here.

My brew buddy and I got an offer to take our beer to a local BBQ event (not a restaurant) and give our beer away for donations. . . Roughly 100 people.

A local BBQ restaurant has a sign up saying that the beer is free but they accept donations to keep the bar in stock. So it appears a donation based alcohol sales is sorta alright in Texas.

First question is, is this legal. Second question is, has anyone done this and what was your experience. I've been to a few weddings with open bars and there is a mixed bag of tippers and people who take advantage. I've also been a bartender at a wedding and raked it in.

I'm tempted to do it, and just see how it goes.
Posted by tduecen
Member since Nov 2006
161246 posts
Posted on 2/27/18 at 2:47 pm to
I've heard/read of bars that will allow a rotating tap of home brews... that is all I can say on this
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
7362 posts
Posted on 2/27/18 at 2:51 pm to
Well that's interesting. How would they get away with that? Are they directly breaking a law or skirting the law?

We have a few tap houses locally and I'd have no way of knowing if a beer was a homebrew or a legit brewpub or brewery beer.

That's an interesting concept though. Might have to talk to the taphouse manager next time I'm up there. I'll take a sampler to them.
Posted by tduecen
Member since Nov 2006
161246 posts
Posted on 2/27/18 at 2:53 pm to
I think it is legal as long as certain restrictions are in place.......

quote:

Claude Burns wants to help you find out. His startup – Noble Brewer – lets home brewers distribute their product on a national level – and get feedback from people who have no bias. Best of all, home brewers can pocket a little money in the process.


quote:

To avoid the legal hurdles, Noble Brewer simply uses a home brewer’s recipe, contracting a professional craft brewer to make the beer in small batches when they have excess capacity. “We look for award-winning home brews – people who have some objective measure of quality,” says Burns. “We also look for people who are analytical in their brewing and have good metrics so we can get it to scale.”


quote:

Home brewing, surprisingly, wasn’t legal nationwide until 2013. While President Carter lifted any federal restrictions in 1978, Alabama and Mississippi prohibited it until two years ago. Generally, you’re allowed to make up to 100 gallons of beer per person – with a cap of 200 gallons per household, regardless of the number of adults living there.
Posted by BottomlandBrew
Member since Aug 2010
30205 posts
Posted on 2/27/18 at 2:54 pm to
Is it legal? More than likely not without the proper special permit/license/taxman cut. Does it hurt anyone? No.
Posted by convertedtiger
Baton Rouge
Member since Aug 2010
2789 posts
Posted on 2/27/18 at 3:11 pm to
quote:

Is it legal
If it is not being taxed then no it is not legal. Is there anything wrong with it? Hell no. I have "heard" of this donation based thing. It is NOT selling. It is giving beer away and taking donations to help out your charity.
Posted by Zappas Stache
Utility Muffin Research Kitchen
Member since Apr 2009
43538 posts
Posted on 2/27/18 at 3:39 pm to
One of the big homebrew festivals in Dallas is free but requires you to buy a membership in their made up Homebrew Club in order to sample the free beers. Not sure about the donation route though.
Posted by Saskwatch
Member since Feb 2016
18363 posts
Posted on 2/27/18 at 3:59 pm to
quote:

I've been to a few weddings with open bars and there is a mixed bag of tippers and people who take advantage. I've also been a bartender at a wedding and raked it in.


Those bottles of liquor at the open bar are already paid for.

Also all state's have mandatory tax on alcohol sales.

You're a small fry so they won't waste time on you. If you promote on social media that you are running a boot leg bar then will have an issue on your hands.
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
7362 posts
Posted on 2/27/18 at 4:30 pm to
quote:

You're a small fry so they won't waste time on you. If you promote on social media that you are running a boot leg bar then will have an issue on your hands.


This is what I was mostly curious about. Even if it's not legal and it's unlikely they'll pursue then that's all I really care about.

I was more interested in the BBQ shop's ability to give out beer for donations. I suppose they purchased the beer somewhere and have paid taxes on that already?
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 2/27/18 at 4:48 pm to
quote:

Those bottles of liquor at the open bar are already paid for.

Also all


Not always. Not a cent was paid for any liquor or wine at my wedding

I'm sure this donation thing fills a loophole somewhere though.
Posted by rbdallas
Dallas, TX
Member since Nov 2007
10346 posts
Posted on 2/27/18 at 5:35 pm to
I am not an attorney, but have done MANY events in Dallas.
My understanding is that beer could be given away;however, there can not be a connection between admission price and the beer given away....at least not advertised (presented) that way.
I used to give a "thanks you drink for people coming to my event, but it was never advertised that if someone would come a drink would be given.

I have seen other events advertised as "customary beverages" included so as not to tie it to alcohol.
You can no longer offer 2 for 1 happy hours in Dallas.
MADD has taken care of all politicians.




Posted by BigDropper
Member since Jul 2009
8851 posts
Posted on 2/27/18 at 5:43 pm to
You sell them an empty glass & they get the beer for "free".

Our old clubhouse didn't have an on-premise license so they would sell you a "glass of milk" which was empty & you would take it outside to the keg & fill it up. I'm sure there are plenty of creative ways to work around it with donations...
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