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Dahole
07-20-2007, 10:46 PM
Can anyone help me.

I know that we are never able to sell our mead and I am OK with that.

Can I give a bottle away in a basket that will be put into a silent auction for charity?

Oskaar
07-21-2007, 12:00 AM
Yes, as long as you are not actively enticing or otherwise selling the wine for profit, and it is not advertised or singled out as the "primary item of value" in the gift basket.

Approach it from the perspective of ..."Buy this gift basket, and I'll gift you a bottle of this mead as a gift and nothing more"

Hope that helps,

Oskaar

wildaho
07-21-2007, 12:07 AM
I'm not a lawyer so take my advice with a grain of salt (you'll get what you pay for here!) So long as you don't put a value to the mead, you should be fine. You can put a value to the other items in the basket (including the basket) but not the mead. And I'm sure that there has to be some method of verifying that the final recipient/purchaser is of legal age. Of course, laws vary from state to state, county to county and especially country to country so your best bet is to contact your local Alcohol Beverage Control or a lawyer to verify.

Dahole
07-21-2007, 07:09 AM
Thanks Oskaar and Wildaho,

I would say that helps me a lot. It is a $75 gift basket of my honey and bee's wax candles so I would say a bottle of mead is not going to be the primary focus of the basket.

ken_schramm
07-21-2007, 11:19 AM
Technically, it's a no-no, but the truth is that the law generally takes a very laissez faire approach to charity auctions. When was the last time you saw a charity auction collect sales taxes? When was the last time you saw a charity auction get nailed for failing to collect sales taxes? I'd make a point of geting a receipt from the charity for the gift you are giving them, and give them the reponsibility of having received recompense for it in the silent auction. Then they are selling it, not you. That's how I would do it. And I would never try to take a tax deduction for the value of the mead. At that point, you might be asking for trouble.

It's bad press for the authorities to come down hard on charity events. Unless it's on the level of some of the major administrative cost/salary scandals of a few years back, there's too much downside to being the hard -ss there. Again, technically you could be on the hook, but how does it look if you gave a gift of the mead to the charity, and then they got popped for silent auctioning it off to benefit some good cause.

Ken

Wolfie
07-22-2007, 06:13 AM
Dont you need to list the ABV and sulfites on the label?

Kwatt
07-22-2007, 12:31 PM
Wisconsin statute Chapter 125, Subchapter 1, 125.06

http://tinyurl.com/2b24u9


Sections: (1) , (3)
One of these may apply (9) , (10) or (11)

Personally I would not let it stop me for a charity.


Kwatt

matt burks
07-22-2007, 02:02 PM
"and if the person manufacturing the wine or fermented malt beverages receives no compensation."

Unless this is a charity to help pay for your home wine/mead making hobby I think that means yes. Since YOU are not getting the money I think you are still giving it away and therefore it's ok. If I give a friend a bottle of mead and he then turns around and sells it to someone he hasn't broken a law and neither have I.

Kwatt
07-22-2007, 02:17 PM
In my state my beer/wine must be consumed on my property.



matt burks
If I give a friend a bottle of mead and he then turns around and sells it to someone he hasn't broken a law and neither have I.

The sale of an untaxed alcohol beverage is a violation.


Kwatt

matt burks
07-22-2007, 04:05 PM
Well, techically going 56 in a 55mph zone is too but... As long as I'm not giving all my stock to him to sell I don't think there's anything wrong with it.

I know i've stepped us into the "legal to do vs ok to do" converstation so I'll kill it right now. :P

I think you're fine. Since you're giving it away and the payment that will be given in exchange for the items including your mead will actually be a donation to a charity and not a purchase of said items.

matt burks
07-22-2007, 04:07 PM
...yeah, I guess it would depend a lot on your home state. If you're in Alabama I wouldn't give it away. Since home beer/mead/wine making is illegal there in the first place. (beer making is anyway, I think winemaking is as well but don't hold me to that)

Dahole
07-22-2007, 05:47 PM
Thanks for the link.

125.06
125.06 License and permit exceptions. No license or permit is required under this chapter for:

...
125.06(3)
3) Homemade wine or fermented malt beverages. The manufacture of wine or fermented malt beverages of any alcoholic content by any person at his or her home, farm or place of residence if the wine or fermented malt beverages is to be consumed by that person or his or her family and guests, and if the person manufacturing the wine or fermented malt beverages receives no compensation.
...
125.06(10)
(10) Raffles. The awarding of alcohol beverages in original, unopened packages, containers or bottles as a prize, in a raffle conducted by an organization licensed to conduct the raffle under ch. 563, to any person who has attained the legal drinking age.

When I combine them I would say it looks to be fine in my state WI. I received no compensation and the charity was a 501.c3 licensed to conduct the raffle and they made sure it was purchased by someone over 21.

As an FYI The basket went for $55.
2 Quarts
1 Pint
2 12OZ bears
1 pkg of comb honey
1 lg bees wax candle
3 sm bees wax candles
1 750ml bottle of JAO mead.

It think they got a good deal.