Re: Virginia Brewers-*WARNING*!!!

["chuck graves" <chuck_graves@mail.hq.faa.gov>]

     Greetings to those of the Merry Rose.
     
In the latest issue of BarleyCorn, there is a frightening article on Homebrewers
Rights (being) Curtailed in Virginia.
     
     Frightening...do tell.
     
Basically it states that the local liquor stormtroopers (ABC) has started to 
interpret the law in a much more narrow fashion than before.  They are cracking 
down on tasteings, competitions in licensed facilities, and exhibitions. 
"Currently, Virginia law states under Article 1, Section 4.1-200 that "licensure
requirements [for the manufacture or sale of alcohol] shall not apply to:
 6. Any person who manufactures at his residence for domestic consumption at his
residence, but not to be sold, dispensed or given away, except as 
hereinafter provided, wine or beer or both.
     
 7. Any person who keeps and possesses lawfully acquired alcoholic beverages in
his residence for his personal use or that of his family.  However, such 
beverages may be served or given to guests in such residence by such person, his
family or servants when such service or gift is in no way a shift or device to 
evade the provisions of this title."
     
     Although I'd like to know what exceptions 1 through 5 are, this still 
     isn't applying to us. Their main concern is sell or barter...and they 
     have to prove the latter to a jury's satisfaction.
     
Recently a meeting of the Hampton Roads Breewing and Tasting Society was not 
allowed to bring their own stuff into a meeting.  The ABC officer told them that
it was illegal to bring in any beer [into a licensed facility] "that couldn't be
purchased at the grocery store atound the corner."
     
     You need to fill me in on this one...what is a "licensed facility"? If 
     you mean a facility with a liquor license, you can't drink anything 
     you didn't buy on premises? The same is true in Maryland. That's why 
     sites like VFW halls, Elks Lodges, etc., are strictly dry 
     sites...don't bring your own--they'll lose THEIR license!
     
By strict interpretation of the law, amateur beer and winemakers could be cited 
by an ABC agent for simply taking their homebrew outside their homes!
     
     I'm not sure how they do it in Hampton Roads but Brewers United for 
     Real Potables (DC homebrewers) has its monthly meetings at members 
     houses.
     
State representative Gladys Keating has introduced a bill in the Virginia House 
of Delegates which Jane Woods will sponser in the Senate, to resolve the stink. 
HOWEVER!!  The bill makes the following changes:
 1. Restrict homebrewing to persons over age 21
     
     Unfortunately, anybody that's doing that now is already violating 
     possession laws. (Not that I'm in favor of the law...IMHO, the drinking 
     age should NEVER have been raised from 18! Stupid idea! Die for your 
     country or pick you president--but don't bother to imbibe!)
     
 2. Limit the amount of homebrew to 100 gallons per calander year per
    adult over 21, to a max of 200
     
     Ahem...that is already FEDERAL law. 100 gallons per adult--200 gallons per 
     head of household. But just try to drink 100 gallons of beer or wine in a 
     year--by yourself...go ahead, do the math...35 oz. per day.
     
GOOD LUCK!!  Be careful.
     
Deja Brew, I've been beer before.
     
     Oh, yeah...what kind?
     
     BTW, could you send me a copy of the whole law? Or at least, tell me 
     how many pages the statute is?
     
     Regards,
     Tadhg