Re[3]: SCA Alcohol Policy

["Chuck Graves" <Chuck_Graves@mmacmail.jccbi.gov>]

Poster: "Chuck Graves" <Chuck_Graves@mmacmail.jccbi.gov>

Greetings,

>> 
>> Now, if I am at a private party somewhere, let's say at a business
>> christmas party, somebody is being given a bottle of wine as a present - 
>> something that occurs all the time.  I have never heard of that being
>> illegal, although I may be wrong.
>> 
     
>All issues of alcohol liability aside, I don't think this comparison 
>is valid.  If a company (or private party or whatever) is giving 
>away a "bottle of wine", it is probably a fair bet that it was 
>commercially produced, and therefore all the taxes that the Feds 
>want paid on the alcohol have been paid.  

Actually, I believe the comparison is valid.  While it is true that 
the taxes have been paid on commercial wine, the excise taxes are 
owed to the state.  Also, you will find that homemade wine (and beer 
in other states) are exempt from all such taxes--at least according 
to Oklahoma law.  You will certainly have to check your state's 
regulations but I am sure you will find the same thing.  Generally, 
you worry about taxes when you want to sell--or give the appearance 
of sale (i.e., barter.)  I suppose that is why an auction raises 
concerns.

Of course, I believe some of these issues came up before with regard 
to the SCA's tax exempt status.  I believe the findings of the law 
firm retained by the BoD are posted on the SCA's web site (click on 
Board of Directors).  If I read that finding correctly, even auctions 
should be in the clear as being "incidental" to the activities of the 
SCA.

>I don't brew but I do make cordials and it is my understanding that 
>I won't get in trouble with the guys at the ATF because I use 
>pre-manufactured alcohol in the form of vodka (or brandy).  All the 
>excise taxes are paid already. When one gets into BREWING and the 
>subsiquent sale of THAT, others with a better grasp of the law may 
>wish to address that. My recollection from when my father started 
>making beer and wine was that he could make X amount a year "for 
>personal consumption". 

In this case, X equals 200 gallons (for head of household).  And 
SALE is a definite no-no without a boatload of licenses--most of 
them state.  Just offer Terafan money for a batch sometime--you'll 
see what I mean.

>If the product is "donated" such that the maker does not get 
>compensation, how might that affect it?

While the laws do tend to look like the proverbial Gordian knot, I 
believe that a homebrewer's sanctuary still resides here.  "I made 
it myself and donated it to the group--an educational, non-profit 
organization."

I don't believe we are afoul of the law--but we may yet be afoul of 
the BoD.  Tibor, would you call that a sad state of affairs?

Tadhg

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