My state, Mississippi, allows homebrewers to “remove the beer from the premises of the household where it is made and transport the beer only for the purpose of participating in a bona fide exhibition, contest or competition where homemade beer is being tasted and judged; however, homemade beer may not be sold or offered for sale under any circumstances.”
So, would it be legal for a home brew club to hold a bonafide exhibition with an entry fee and then give people who pay to entry free beer?
Or could the club partner with a festival and provide beer to festival goers in return for payment to the club from the festival?
Or could the club set up at a farmers market, sell empty growlers and glasses and then fill them for free?
People had similar ideas in WI after our homebrew legislation changed a year ago. A lot of people thought they could get creative once the laws were changed. Not sure if the questions posted are an effort to be creative and indirectly get compensated for homeebrew or if they are first time legal want to know questions. Regardless, I’m not familiar with Mississippi law or the ins and outs of the new legislation so I would suggest you consult directly with a lawyer or a legislator regarding your questions.
Some things to consider:
Remember that professional brewers pay taxes for the product that they produce and sell. For a homebrewer to produce a product, get compensated for it, and not have to pay taxes it could create some animosity between the homebrew and professional brewing communities.
If your club is pouring homebrew samples at a beer festival where professional product is being served your club members can take turns pouring beer for the fest goers and going to see what the pro brewers brought.
What is the intent of the law? Like a 50 miles per hour speed limit, the intent is to not go faster than that rate of speed. It doesn’t mean that you can drive at any rate of speed you want so long as you don’t drive more than 50 total miles in one hour.
In California they just passed a law allowing homebrewers top donate homebrew to charities who would then be allowed to sell the homebrew in a variety of ways (auction, door prize, festival) to raise funds. The law is written so that the charity cannot be specifically beer/wine/spirits related so no raising funds for the club even though it is a non-profit but it’s still pretty great.
That will be an interesting this to see. As I understand it, as long as it’s not interstate it’s not really the feds deal but that has not stopped them in the past.
If you want an accurate answer, ask your local alcohol control authorities, not a bunch of homebrewers who may not even live in your state! When I taught a homebrew course recently, I had questions about if I could give the finished beer to the people in the class. I contacted the OR Liquor Control Commission and they were very helpful. After examining the laws they told me it was fine. Ask the people who know!
I think the short answer is no. In each of the three situations money is changing hands. If the beer is removed from the equation would money change hands? In the title you are calling this a fund raiser which implies the only reason for the beer is to make money on the sale of beer.
In the first situation would I be able to get “free beer” without paying the entry fee? I the answer is no then the beer is not free and there is a sale. In the second situation would the festival organizers still pay you if you just stood around and talked about beer and did not provide the beer promised? If not then the transaction is a sale of beer to the festival organizers. In the last situation, if I brought my own growler would it be filled with “free beer” at no cost to me? Again if the answer is no then the beer is not free and there is a sale.
In each situation, whether to an individual or the club, I am expected to give up my money to get your beer. I believe this would define a sale of beer.
Just getting opinions. Believe me I won’t be doing this without consulting authorities in my state. However, I thought it might be useful to hear what people think and perhaps what can or can’t done elsewhere before moving forward.
This is not an attempt to profit from beer. I am just curious. We have had festivals in MS where both home brew and commercial beer are given away to festival goers who paid an admission fee. So I am wondering if it would be legal for a club to have its own fundraiser involving home brew.
Just to be clear I didn’t intend to suggest that you were looking to profit. Seeking compensation, even in the name of a fund raiser can present issues. Our club serves brew samples for beer festivals in WI but we always do it for festivals that include professionally made and purchased beer. We even hold our own beer festival - http://www.wobfest.com/ which the proceeds benefit a professional brewers scholarship fund that we’ve set up, but the amount of purchased brew far outweighs homebrew.
The new California law is pretty straightforward and might be a model for other States to adopt. It basically says, you can donate homebrew to a nonprofit and they can sell it at fundraisers (as long as they have a serving license), full stop. It specifically says you CANNOT sell it as a benefit for your homebrew club (i.e. you can’t get around the permitting laws just by calling your brewery a club!).
This is one of the primary reasons why I’m interested in starting a homebrewing club here. Many local nonprofits would be happy to serve homebrew at their functions.
If you’re primarily interested in rasing funds for your club, there’s other options. We recently partnered with a local brewery who supports our efforts to do a brewing demo and raffle during their Saturday tour and tasting. Folks had already paid them for entry and were tasting their beers, so we had no conflicts as we weren’t serving any homebrew.
We did two all grain demos simultaneously during the three hour period they were open for the tour/tasting, with great interest from folks. We ended up signing up about five new members, which was an added bonus. We had applications and business cards on the raffle table, and will probably get additional members as a result of that as well.
As far as the raffle, we solicited local pubs for gift cards, t-shirts, empty growlers and other swag. The club donated a set of five pint glasses from local breweries, and a commercial seasonal ale assortment. Our local homebrew shop donated an extract kit, and a starter equipment kit as two items as well. The brewery donated a gift basket full of swag and beer, and the grand prize of a private party for twenty-five at the brewery. As I said, they actively support us as they started as homebrewers and are still dues-paying members of the club.
Tickets were $5 for 1, $8 for 2, 12$ for 3, etc. Lots of folks would buy two and let us keep the change from a ten dollar bill. When all was said and done we had raised $1000 for the club in one afternoon and exposed a lot of craft beer drinkers to our club and the joys of homebrewing. We’ll probably start doing this twice a year.