Florida Silent auction homebrew donation legality

General Homebrew Discussion
1

My kids school is having a fundraiser to send teachers to a training conference of some sort.  They are looking for gift basket donations for a silent auction and I was considering offering up one of the following as a auction basket:

A learn to brew type session where they could keep the beer they made.

or

A case of a style of their choosing that I would brew for them.

This is what I guess would be a ticketed event.  Tickets cover a dinner with and proceed left over along with the silent auction proceeds going to the school.  I would receive no money from either of these things and the event is for a non profit.  I however know the laws are tricky and seemingly designed that way.

I live in Florida.

2

There is information on the AHA website, including text of applicable statutes.  Florida reads:

Applicable Statutory Material

562.165  Production of beer or wine for personal or family use; exemption.–

(1)  Notwithstanding any provisions to the contrary, a person who is not prohibited by s. 562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such beer permitted to be produced with respect to any household shall be as follows:

(a)  Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.

(b)  Not in excess of 100 gallons per calendar year if there is only one such person in such household.

(2)  Notwithstanding any provisions to the contrary, a person who is not prohibited by s. 562.111 from possessing alcoholic beverages may produce wine for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such wine permitted to be produced with respect to any household shall be as follows:

(a)  Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.

(b)  Not in excess of 100 gallons per calendar year if there is only one such person in such household.

(3)  Any personal or family production of beer or wine in excess of the amount permitted in this section or any sale of such alcoholic beverages constitutes a violation of the Beverage Law.

(4)  Wine and beer made under the provisions of this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine or beer used under this subsection shall not be sold or offered for sale.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.

Note the disclaimer at the end!  Also note section 4 which allows the use of homebrew at “organized affairs, exhibitions, or competitions…” but expressly limits “Wine or beer used under this subsection shall not be sold or offered for sale”.  The bidding on a prize at an auction, sure sounds like offering for sale to me.  However, the offering to allow them to brew up a batch by the successful bidder at your home might fall within the permissible guidelines, since it would ostensibly be made by the successful bidder with your oversight.  Brewing a case for another that is sold at the auction seems to be a problem as I read it.

Now my disclaimer:  I am not a licensed attorney in Florida and you should seek one out for advice before trying any of this!  Perhaps you could also check with the Florida authority for guidance…

3

Thanks, I know I had seen this before but couldn’t recall the location.  I tend to read it the way that you do.  It seems in Florida that are also some stipulations around charity or non profit events or at least that is what I have been told in regard to an event our home brew club had.

I do wonder how much people actually pay attention to what the law actually says verses what they have heard it says.

4

I did this without issue.  Twice.  It was for my daughter’s high school orchestra fund raiser where there were auctions & gift baskets.  I think mine was part of a thing where there was a table with “prizes” and people put a ticket in that box/bag and if their ticket number was called, they won.  I built a wooden box with handles, placed a case of homebrew in there (4 different sixers of different styles… I labeled the bottles, used different color caps for each sixer… it looked professional), some beer glasses, a tub of big pretzels, etc.  No one batted an eye.  On both occasions, someone won the box, took it at the end of the night and that was it.  I did mention to the orchestra director that there could be some sort of kerfuffel due to legality of homebrew (hell, I brought alcohol into a school for God’s sake!) and she just shrugged it off.  Just my 2¢.

5

I’ve seen it done in Iowa too.  It is illegal as it can be here but the young priests who donated the beer didn’t care.  The school didn’t care and the highest bidder in the silent auction of at least one of the baskets was a cop.

That said, I wouldn’t donate finished beer.  Too many people are looking for time in the public eye to take a risk on a Federal charge against me (I work for a Federally Chartered bank, conviction means no job).

I would gladly give away lessons and ingredients.  The auction winner takes home sugar water (wink, wink) not beer.

Paul

6

I like the idea of donating supplies and equipment (like an extract recipe and basic equipment kit) at the auction and then brewing the beer with whoever won.  It’s not the same as finished product but it’s safer.