I live in Texas and want to home brew at my church because it is much more convenient. Bigger kitchen, sinks, etc… make it much easier. Does anyone know if this is legal or do I have to brew at my home?
You need to check with someone who knows your state laws. That said, I know people who have brewed ayy churches and many other venues outside the home. I have no solid knowledge and IANAL.
If you can brew at the church, you got a cool church! Go for it.
Like Denny, IANAL and it really is up to each state how they regulate alcohol production. That said…
It isn’t beer until you add the yeast to the wort. As far as I know you mix sugar and water anywhere without violating the law. Mash/Sparge/Boil and chill at church. Haul the sugar water home and add yeast there.
Be sure to put a bit extra in the collection on Sunday to say thanks for the facilities.
But then again, I’m not from Texas and I don’t know the laws in your state.
Paul
It’s far easier to ask for forgiveness than permission. What a better place than at church.
I am not aware of any location restrictions for homebrewing. That doesn’t mean there aren’t any in your state but where I live we do club brews at club members houses… For Learn to Brew Day there are several homebrew supply stores as well as brew pubs in the area that open up their parking lot for group brews… we do brewing onsite at several beer festivals. If this kind of thing happens in Texas you can either assume it is OK and go for it. Or contact one of the locations that hosts homebrewing onsite and ask them.
Someone mentioned “it isn’t beer till you add the yeast.” This may be important. My LHBS is unable to do classes or host club brewing events because a brewers license would be required, unless they just brew the wort and individuals take it home before yeast is pitched. Ironically, they are also a fully licensed winery and distillery, but a commercial establishment can’t permit brewing on premises without the additional licensing here in Ohio. But I don’t think churches, even with licensed banquet facilities, face the same restrictions here. Check your local laws.
It can be far more expensive as well.
It’s a bit sticky and largely depends on your local ABC (or equivalent) enforcement agent. I’ve seen/heard about agents taking a very hardline stance that home means home and that brewing means wort production. Those hard liners won’t care that you didn’t pitch yeast in it until you got home. Most won’t care as long as you’re not trying to serve to the public or make money doing what you’re doing.
This is also why the AHA works to get laws changed in the states because there’s a great many things that we do as homebrewers that either stretch or outright blow past what the laws say. (For instance, it’s still the case that in a few states, you’re not allowed to transport your homebrew outside of your household.)
Having said all that. Don’t be a jerk, don’t try and make money doing it at the church and wait to pitch your yeast and I imagine you’ll be fine.
Thanks to all for the great advice. It’s a Lutheran Church and beer brewing has been a part of the church since the beginning. We have adult beverages at most of our events and would like to serve home brew. That’s another law I need to look into. We would never charge.
The idea of brewing on site and fermenting at home may be the ticket.
What you really need is to consult a local lawyer with expertise in applicable statutes and regulations. Your local bar association should be able to identify members with experience in this area of practice, or quite possibly if you ask a local commercial brewer, they’ll have a good lawyer’s number in their phone. Cheaper to consult and be sure up front than to face unforeseen consequences later, as BrewBama indicated.
+1 ^^
My thoughts were a logical view of what’s beer and what isn’t. The law often has nothing to do with logic especially where taxes are involved.
This probably isn’t an instance where asking forgiveness is easier that asking permission. I wouldn’t want anyone taking a risk based on my musings.
Paul
Or you could straight to the source and just ask whatever alcohol control authority you have for their take. I’ve done that several times here. It’s easy, straightforward, and authoritative.
[emoji106]
Yes, but get it in writing…if you can. 
…and ask about transporting it after you brew.
Ask around at your church or ask your pastor if any members are lawyers. I did that for an Oktoberfest we had at our church. I knew one of our parishioners was a lawyer. So I asked him and he was able to send me a section of the law pertaining to making and serving home brew. Here in Wisconsin you can sell home-brewed beer as a fund-raiser but, only for a free-will offering. Meaning someone could walk up, drink your beer and walk away without giving you a penny. We kept it physically separate from the commercial beer sales. I don’t remember if that was part of the law or us just thinking it was a good idea.
As an attorney who practiced in Texas for several years I will just leave it at suggesting this is a really bad idea for you and your church.
Why do you suggest that?