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Making liquor in Texas


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#1 dbrazil49

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Posted 10 December 2009 - 12:35 AM

Does anyone know the law concerning the making of liquor illegally in Texas? Have 17 year old son which made rum and seems to think it is not that serious. Please help! Thank you!


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#2 FindLaw_dave

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Posted 10 December 2009 - 04:20 AM

Here is a portion of the Texas law pertaining to producing spirits, followed by the penalties

Sec. 14.01. AUTHORIZED ACTIVITIES. (a) The holder of a distiller's and rectifier's permit may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder’s [his] finished products;
(5) sell the finished products in this state to holders of wholesaler's permits and to qualified persons outside the state; [and]
(6) import distilled spirits, to be used only for manufacturing or rectification purposes, from holders of nonresident seller's permits[.] and (7) dispense free distilled spirits for consumption on the permitted premises. © The holder of a distiller’s and rectifier’s permit may dispense distilled spirits for consumption on the permitted premises under Section 14.04.
(B) The privileges granted to a distiller and rectifier are confined strictly to distilled spirits and wines manufactured and rectified under his permit.
Sec. 14.02. FEE. The annual state fee for a distiller's and rectifier's permit is $1,500.

Penalties
CRIMINAL OFFENSE PROVISIONS
General Penalty
A person who violates a provision of this Code for which a specific penalty is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both. The term specific penalty, as used in this section, means a penalty which might be imposed as a result of a criminal prosecution. [Section 1.05 AB Code]
Offenses Relating to Minors [Chapter 106 AB Code]
A minor is a person under 21 years of age.
[Section 106.01 AB Code]
Possession of Alcohol By a Minor
[Section 106.05 AB Code]
A minor may not possess an alcoholic beverage, except:
• while in the course and scope of the minor’s employment and the employment is not prohibited by this Code;
• if the minor is in the visible presence of an adult parent, guardian, spouse, or other adult to whom he had been committed by court; or
• if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this Code. 10
Alcoholic Beverage Code
The term “possession” has the same meaning as that found in Section 1.07(a)(39) of the Texas Penal Code. The minor-in-possession offense can be proven if the minor is in actual control of the alcoholic beverage(s) by physical contact or by establishing an “affirmative link” between the alcoholic beverage and the minor.

Here is a link to the Texas Alcoholic Beverage Commission, where you can find more information


#3 Tax_Counsel

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Posted 10 December 2009 - 05:16 AM


dbrazil49 said...

Does anyone know the law concerning the making of liquor illegally in Texas? Have 17 year old son which made rum and seems to think it is not that serious. Please help! Thank you!




It is indeed potentially quite serious. In addition to the state laws
addressed in the previous respone, it is a violation of federal law to
make any kind of alcoholic beverage other than wine or beer unless you
have the proper distillery license issued by the Alcohol and Tobacco
Tax and Trade Bureau (TTB). There are civil and criminal penalties for
illegally making a distilled spirit (which is defined as any alcohol
other than beer and wine). The following is from the TTB web site:



You cannot produce spirits for beverage purposes without
paying taxes
and without prior approval of paperwork to operate a distilled spirits
plant.  [See 26 U.S.C. 5601 & 5602
for some of the criminal penalties.]  There are numerous requirements
that must be met that make it impractical to produce spirits for
personal or beverage use.  Some of these requirements are paying
special tax, filing an extensive application, filing a bond, providing
adequate equipment to measure spirits, providing suitable tanks and
pipelines, providing a separate building (other than a dwelling) and
maintaining detailed records, and filing reports.  All of these
requirements are listed in 27 CFR Part 19.




Home distilling of alcohol (distilled spirits may never be made inside
a home dwelling), owning an unregistered still, and production of a
distilled spirit without the necessary license all violate Internal
Revenue Code (IRC) section 5601. Under IRC § 5601, those acts are all federal
felonies, carrying a penalty of up to 5 years in federal prison, a fine
of up to $10,000, or both. There are additional sanctions for not
paying the excise taxes that are required of anyone producing a
distilled spirit.



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