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Re: Re[2]: SCA Alcohol Policy




Poster: Mark Schuldenfrei <schuldy@abel.MATH.HARVARD.EDU>

  Could we avoid this by auctioning or giving a prize in the form of a "boon"
  from the brewer?  They would receive a promise or gift cetificate for a
  favor.  That way the arrangment could be made privately and outside the
  offical SCA.

If the situation is clear enoug that the person bidding knows what they are
bidding for, then I would expect a judge to believe that a judge wouldn't be
fooled, either.  Nor would the insurance company.

About the only edge case that I can think of that MIGHT work, is a private
lesson in home brewing.  Because that WOULD be legal.

Please bear in mind: I am not an attorney, and we *are* talking about
matters of opinion about a potential judge and juries mindset.  For that
reason, I would ask us to leave a generous margin of error, in case the
judge has a bad mood that day.  Rather than trying to see how close we can
cut it, and finidng  out (expensively) that we are wrong.

  
  Many brewers will barter and or receive materials for their skill with the
  grape (or grain, or honey).  Remember it is against the law for us to sell
  our brew.  I do not know if the LAW would hold the brewer responsible for
  gifts or barter, but I doubt they would look that hard at it.  Arrangement
  vs. sale?

I've been told (and believe) that barter is not permitted with homebrew.  I
also believe that if the exchange is small enough, it's a safe gamble for
individuals to make.  But do we want to institutionalize gambling with the
safety of the organization?  I know I don't.
  
	Tibor
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