Rep Farnham (IL House - 43rd) is working on a draft of a bill to revise IL homebrew laws. It's not quite right and we're going to need some changes.
Right now is specifically defines homebrew as being made in one's residence. We're going to get ahead of this and re-write his draft.
Of course as individuals and not in any sort of club capacity - I am accepting pledges to Rep Farnham's reelection bid. We're also going to need a sponsor in the Senate - we also need people to help with the re-drafting.
I put my draft in bill format.
My views and opinions expressed in this thread are not necessarily those of CHAOS Brew Club but I myself will help out in any way. Let me know what to do, Mark.
That's correct - we can replace 4 pages of bad law with 2 lines. We're trying to get AHA to come to this - but we may need your help!!!!
FYI - We met tonight. Only Square Kegs, HOPS, CHAOS and Evanston were represented. Most agreed that the current draft is bad law, and there is currently a loose AHA effort to fix it. FYI - the bill in it's current form will force CHAOS to close. That is not an overstatement, you would only be allowed to brew beer in your own residence. The bill means well, but it is overcomplicated.....we can fix the law by modifying the current exemption found in the first paragraph.
I submitted an open letter to Rep Farnham:
Thank you very much for taking up the cause of Homebrew legislation in IL. The state has a broad and dedicated community of home brewers and some later go on to add jobs by creating craft breweries.
I have had a chance to read the draft legislation that your office has modeled after recent changes to Wisconsin law. I believe that it would be much simpler to model the changes after Indiana law. Wisconsin created a new permissible activity; Indiana specifically exempts Homebrewing from the law in Exceptions and Scope. IL currently provides for a Homebrewing exemption in the Scope section, which can be broadened. Your current draft language does not address winemaking which is covered in the current exemption. It also imposes time place and manor restrictions on homebrewing that requires beer be made at your residence, which is not currently required. I am a member of CHAOS brew club, and we have a facility where we can come and brew together - this would no longer be allowed. Your legislation also imposes burdensome restrictions on time place and manor of competitions and expositions. I have directly taken the Indiana language and dropped it into the current Act. See below for my proposed revision. Please call me to discuss.
Yes, strike the current draft entirely and replace with - (new language in all caps)
235 ILCS 5/2-1
No person shall manufacture, bottle, blend, sell, barter, transport, transfer into this State from a point outside the State, deliver, furnish or possess any alcoholic liquor for beverage purposes, unless such person has been issued a license by the Commission or except as permitted by Section 6-29 of this Act or except as otherwise specifically provided in this Act; provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor by the possessor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests, OR FOR USE AT ORGANIZED AFFAIRS, EXHIBITIONS, TECHNICAL OR SENSORY EVALUATIONS, EDUCATIONAL SEMINARS, COMPETITIONS INCLUDING CONTESTS, TASTINGS, OR JUDGING, and provided further that nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution; and provided further that any drug store employing a licensed pharmacist may possess and use alcoholic liquors in the concoction of prescriptions of duly licensed physicians; and provided further, that the possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this Act.
Mark Walters
301-803-9574
904 W Schubert Ave #2E
Chicago, IL 60614
i will likely cancel wing nite for this. blasphemy, i know!
...igz...
I am planning on attending the meeting on the 27th. Hopefully this will be the start of something.
I spoke with Farmham's office - they are interested in possibly attending the meeting.
I'll probably go. I think this draft is way overly restrictive. Instead of adding a new section of statute, I think they should modify the current homebrew exemption under the scope, like they did in indiana.
Its open to all, dave is going to I believe.
there is a chance i may go as well
...igz...
Adam/Mark, are you guys able to make the meeting on the 27th? I can & will be there but would like to have someone more well versed on the law, legislation, & proposals that can speak for us as a club.
Someone should check out Oregon's Law, as I am told it allows one to sell their home-brew as long as there is no profit...
The draft doesn't meet our needs as a club. I'm working with Adam to revise the language.
the draft mentions 'compensation to individuals'. this raises some questions. organized clubs, much like ourselves, holding events can benefit from admission fees, while not selling homebrew to anyone, and without individual brewers of said homebrew being compensated. if 'clubs' are not written into legislation and its not a law, its technically not against the law for a 'club' to accept donations in the form of admission fees. now, im sure, it wont get interpretted that way. maybe we can push for such language.
...igz...
The AHA has set up a group or at least a loose organization to help organize the efforts around this issue. Adam York is coordinating the communication to and from CHAOS to that group. If you have any specific questions or comments please contact him.
Also, the Square Kegs has organized a meeting with all the large Chicago home brew clubs on Thursday Sept 27 at 7pm. It is at the Dank Haus. BOSS, HOPS, and UKG have confirmed a representative is coming. They are hoping to coordinate the Chicago area efforts and discuss the issues at stake.
Below is the email from the AHA director highlighting issues at hand and the efforts currently underway.
Hi Illinois Club and Shop representatives,
I set up this group due to the volume of contacts I've had with Illinois homebrewers in the wake of the Illinois Liquor Control Commission getting involved with beer festivals where homebrew samples were being offered. Here are a few articles published regarding the homebrewers that have been told they cannot serve homebrew at beer festivals.
http://www.pjstar.com/entertainment/x643675111/Illinois-Liquor-Control-Commission-enforces-law-no-home-brews-at-festival
http://couriernews.suntimes.com/news/14036606-418/state-liquor-commission-taps-out-home-brewers-from-fests-fund-raisers.html
http://couriernews.suntimes.com/14333570-417/homebrew-club-to-be-at-elgin-fest-but-not-allowed-to-offer-samples.html
http://www.huffingtonpost.com/mobileweb/2012/09/14/illinois-homebrew-bill-dr_n_1884947.html
I am not surprised that the ILCC has ruled that serving homebrew at a public beer festival is illegal, as that's the case in most states (I am only aware of three states that specifically allow homebrew to be served at public festivals: Louisiana, Oregon and Wisconsin). However, statements like this one from an ILCC spokesperson led me to question what the ILCC's position would be on serving homebrew at homebrew club meetings or homebrew competitions or as samples offered to customers at local homebrew supply shops:
“Once you open up offering homebrew to the public, it’s not good. Its use is limited to the home and may not be offered to the general public,” Hofer said.
Numerous attempts by me to contact the ILCC for clarification on their interpretation of the law with regards to competition and club meetings have gone unanswered. The statute regarding homebrewing in the Illinois code could be interpreted to be as limited as the above statement suggests:
§ 2-1. No person shall manufacture, bottle, blend, sell, barter, transport, deliver, furnish or possess any alcoholic liquor for beverage purposes, except as specifically provided in this Act, provided, however, nothing herein contained shall prevent the possession and transportation of alcoholic liquor for the personal use of the possessor, his family and guests, nor prevent the making of wine, cider or other ALCOHOLIC LIQUOR by a person from fruits, vegetables or grains, or the products thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his family and his guests.
I am aware of at least one state legislator that has drafted a homebrew bill and there may be others working on similar bills. I'll post that draft in a separate post.
My goal in setting up this group is to facilitate communications among representatives of clubs and shops across the state to work towards a consensus approach to the situation as a state-wide community of homebrewers. This worked well under similar circumstances in Oregon and Wisconsin. It is not my intention for the AHA to advocate any particular course of action. I can, however, offer advise on what has worked in other states and what pitfalls you may wish to avoid.
I will offer this word of caution: getting homebrew legislation passed is not easy and success is by no means guaranteed. In some states, we have worked for years without getting a bill passed, in others, legislation sailed through. There is some danger in pursuing legislation, in that you will be exposing all of the activities that homebrewers are currently involved in that may or may not be deemed legal by the current ILCC leadership, but which they are not aware of or not interested in pursuing at the moment. Thus, pursing legislation could mean that clubs will be forced to stop serving homebrew at club meetings and competitions may have to be put on hiatus until/if a bill is passed.
Cheers!
Gary Glass
American Homebrewers Association Director
http://www.huffingtonpost.com/2012/09/14/illinois-homebrew-bill-dr_n_1884947.html?utm_hp_ref=chicago
Link to article.