Texas Alcoholic Beverage Commission confiscates "illegal" Crowler machine from Austin Retailer

[Lutter]

The Texas Alcoholic Beverage Commission has seized illegal canning equipment and issued a notice of administrative violation to an Austin business following an investigation into repeated violations of the Alcoholic Beverage Code.

Cuvee Coffee has been charged with possession of equipment or material for manufacture of unauthorized beverages after TABC auditors witnessed employees illegally canning beer without the proper permit on multiple occasions. The action comes after the retailer was issued a written warning for the same violation June 25, at which time TABC gave them 30 days to cease canning operations.

Cuvee Coffee was one of a handful of Texas retailers illegally filling, sealing and selling beer in aluminum cans, also called "crowlers." Under current state law, only businesses with a permit to manufacture or brew beer, ale or malt liquor on-site may can their products for resale. After the original warning's 30-day deadline had expired, representatives from Cuvee claimed on social media and in the press they would continue filling and selling crowlers in spite of TABC's directive. These claims led to an undercover investigation in which TABC witnessed repeated sales of crowlers well after the 30-day deadline.

"We know this issue is important to craft beer retailers and their customers, and we support all citizens' right to petition the Commission, the Legislature or the courts if they feel a provision in the Alcoholic Beverage Code is unfair," said Dexter K. Jones, TABC Assistant Chief for Audit and Investigations. "However, we do not support the continued violation of the law just because a retailer disagrees with it. Cuvee Coffee ignored our repeated warnings and discussions, and that conduct resulted in TABC seizing the illegal equipment and subjecting its permit to a civil penalty. Other retailers who engage in illegal canning risk similar consequences."

Now that the administrative violation has been issued, Cuvee Coffee has the option of paying a fine and ceasing the illegal activity, or contesting the penalty before a state administrative judge. Any future violation increases the administrative penalty, which can include cancellation of the retailer's alcoholic beverage permit or license.

Possession of a crowler machine is not illegal, though using the machine to can alcoholic beverages without the proper permit is a violation of the Alcoholic Beverage Code. Texas residents who wish to report illegal canning may do so by calling 1-888-THE-TABC.

Press Contact:
Chris Porter
Public Information Officer, TABC Headquarters
(512) 206-3462

Growlers are perfectly legal (well, unless you're a brewery, but that's another issue) in Texas, btw. You can get 'em at gas stations, bars, grocery stores, etc... This all comes from the TABC interpreting Crowlers as the "remanufacturing of beer" because of the canning process, which they only allow at Tier 1 (the brewery/manufacturer... of which brewpubs would be the only ones able to sell to the ultimate consumer or sent through a distributor from a "production" brewery)

Thank god we're all safe from the Crowler.

And the winner of state with the most horseshit beer laws/enforcement goes to... Texas!

The owner already plans to go to court.

 

[dvelcich1]

Good topic. It's amazing how moronic bureaucrats can be. I had a similar situation where I was told to end a beer tasting because I was selling beer I bought at a retail level and giving away free beer. So which is it?

 

[RayP]

Growlers are perfectly legal (well, unless you're a brewery, but that's another issue) in Texas, btw. You can get 'em at gas stations, bars, grocery stores, etc... This all comes from the TABC interpreting Crowlers as the "remanufacturing of beer" because of the canning process, which they only allow at Tier 1 (the brewery/manufacturer... of which brewpubs would be the only ones able to sell to the ultimate consumer or sent through a distributor from a "production" brewery)

Thank god we're all safe from the Crowler.

And the winner of state with the most horseshit beer laws/enforcement goes to... Texas!

The owner already plans to go to court.

Texas ain't got nothing on GA beer laws. Too depressed after yesterday's unexpected news about our beer laws to even explain.

 

[SirDickButts]

Texas ain't got nothing on GA beer laws. Too depressed after yesterday's unexpected news about our beer laws to even explain.

expound, good sir. lettuce cry together.

 

[wolfman1201]

While I think its horseshit, the TABC doesn't make the laws. They are bound to enforce them though. I hope Cuvee does take it to court (though its risky for them) so the law can be interpreted and properly delt with. Until then, you can't blame TABC for doing their job. They are not the bad guys here.

 

[Lutter]

While I think its horseshit, the TABC doesn't make the laws. They are bound to enforce them though. I hope Cuvee does take it to court (though its risky for them) so the law can be interpreted and properly delt with. Until then, you can't blame TABC for doing their job. They are not the bad guys here.

Unfortunately, the code that the TABC follows is set forth by the Texas Legislature, whom big beer distributors have literally in their back pocket.

Any change in Texas beer has either come from lawsuits (Jester King successfully sued to TABC in 2011 to allow breweries to tell consumers where to buy their product [seriously, there was a law against this!] and use more descriptive terms on packaging [specifically the words "strong", "ale", "beer" and "malt liquor" were either banned on packaging or had very specific terms for use related to ABV, not style]) or hard-fought compromise with the distributors (giving away something to get something else) via state legislators who depend on big checks to get elected to their posts.

These guys had two choices: wait until the Legislature met again in 2017, create legislation to change the TABC code with a sponsor, and try to get past big beer OR create a violation, go to court, and have the law as it stands clarified and re-interpreted.

 

[wolfman1201]

Unfortunately, the code that the TABC follows is set forth by the Texas Legislature, whom big beer distributors have literally in their back pocket.

Any change in Texas beer has either come from lawsuits (Jester King successfully sued to TABC in 2011 to allow breweries to tell consumers where to buy their product [seriously, there was a law against this!] and use more descriptive terms on packaging [specifically the words "strong", "ale", "beer" and "malt liquor" were either banned on packaging or had very specific terms for use related to ABV, not style]) or hard-fought compromise with the distributors (giving away something to get something else) via state legislators who depend on big checks to get elected to their posts.

These guys had two choices: wait until the Legislature met again in 2017, create legislation to change the TABC code with a sponsor, and try to get past big beer OR create a violation, go to court, and have the law as it stands clarified and re-interpreted.

I agree and I'm all for it. Crowlers are the only way I can get certain beers home (specifically thinking about Brash Cortado). Its just risky for Cuvee to do this as they could lose their license all together, which would be detrimental to their business. We all hope that doesn't happen, but it doesn't make the move any less risky for them.

As you said, the Legislature is the problem here. TABC is just the enforcer of a shitty law. Hopefully they can get a favorable ruling from a judge and places like Hughies, Petrol, and Cuvee can start selling crowlers again.

 

[Der Fuchs]

I agree and I'm all for it. Crowlers are the only way I can get certain beers home (specifically thinking about Brash Cortado). Its just risky for Cuvee to do this as they could lose their license all together, which would be detrimental to their business. We all hope that doesn't happen, but it doesn't make the move any less risky for them.

As you said, the Legislature is the problem here. TABC is just the enforcer of a shitty law. Hopefully they can get a favorable ruling from a judge and places like Hughies, Petrol, and Cuvee can start selling crowlers again.

I'm pretty sure the problem comes in with the fact (I'm 80% sure about this) that the state law doesn't explicitly ban Crowler sales, but that the tabc interprets the law that way. IMO their interpretation is little more than a way to make a few extra bucks and keep the big lobbys happy.

 

[Lutter]

I agree and I'm all for it. Crowlers are the only way I can get certain beers home (specifically thinking about Brash Cortado). Its just risky for Cuvee to do this as they could lose their license all together, which would be detrimental to their business. We all hope that doesn't happen, but it doesn't make the move any less risky for them.

As you said, the Legislature is the problem here. TABC is just the enforcer of a shitty law. Hopefully they can get a favorable ruling from a judge and places like Hughies, Petrol, and Cuvee can start selling crowlers again.

Well, the TABC is interpreting that Crowlers and Growlers are two completely separate things (despite serving the same purpose). If they wanted to, since a "growler" is not actually defined in the code (this is where they are interpreting), they could leave it a "gray area" until the next session, but instead are going into full-on enforcement mode, calling the entire process "illegal".

Also, Cuvee is a coffee bar with beer. Even if they were to lose their liquor license (they won't though... this is just 1 strike against their license), their main business is coffee.

 

[SirDickButts]

and lettuce not exclude bohemeo's! they were slanging crowlers too.
i think half, if not, majority of the red tape is held tight by the texas wine lobbyist.
DAMN YOU, SNOOTS!

 

[wolfman1201]

Well, the TABC is interpreting that Crowlers and Growlers are two completely separate things (despite serving the same purpose). If they wanted to, since a "growler" is not actually defined in the code (this is where they are interpreting), they could leave it a "gray area" until the next session, but instead are going into full-on enforcement mode, calling the entire process "illegal".

Also, Cuvee is a coffee bar with beer. Even if they were to lose their liquor license (they won't though... this is just 1 strike against their license), their main business is coffee.

All good points. I hope they get a judge that will be reasonable on the issue. In the end, TABC is interpreting the law with the assumption that cans are repackaging because they are not short term use and/or reusable like growlers. I want crowlers just as much as the next guy, I'm just playing devils advocate here. Its assinine and I would prefer them to agree with us.

I'd be curious about what the breweries think about this? If they can/bottle themselves, you think they have a different stance?

and lettuce not exclude bohemeo's! they were slanging crowlers too.
i think half, if not, majority of the red tape is held tight by the texas wine lobbyist.
DAMN YOU, SNOOTS!

Agreed. Wine and big beer lobbyist. They either want a slice of the pie, or nobody gets it.

 

[Lutter]

Texas ain't got nothing on GA beer laws. Too depressed after yesterday's unexpected news about our beer laws to even explain.

Please elaborate....

I googled and found info regarding tours being tied to bottle releases.

Sounds like the way things used to be in Texas... before 2013 (where taproom bills were passed) breweries had to give beer away for free, but charged $10 for a glass/tour. This is how I got like.. 20 of those gold leaf Jester King goblets back in the day, lol. No off-site sales were tied to that though.

 

[mrpeterandthepuffers]

Agreed that this sucks. I had a buddy close to Lonestar Taps and Caps and he would send up $10 crowlers of yellow rose, $6 crowlers of Live Oak Hefe and occasionally they'd have on stuff like Temptress and Bomb!. They stopped serving crowlers 9/4 until this thing gets figured out.

 

[mateoloco]

Texas ain't got nothing on GA beer laws. Too depressed after yesterday's unexpected news about our beer laws to even explain.

expound, good sir. lettuce cry together.

Georgia is one of a handful of states where a brewery cannot sell beer directly to a consumer for either on-site or off-site consumption. All beer must be sold to a distributor. In the past, breweries were allowed to sell a consumer a glass, and that glass could be filled with samples up to 32 oz to be consumed on-site (a big loophole to this: if you brought your own glass, you could drink for free and they could not refuse to serve you).

This past legislative session, the Georgia Craft Brewer's Guild hired a lobbyist and proposed legislation that would allow breweries to sell up to 36 oz for on site comsumption and 72 oz of packaged beer for off-site consumption (Senate Bill 63 [SB63]). After lots of backdoor dealings (i.e., the distributor's re-writing the law), SB63 was amended to allow breweries tours for onsite consumption (loophole was closed--no more drinking for free). Breweries could also sell tours that included souvenirs of up to 72 oz of packaged beer for off-site consumption. Breweries were still not selling beer, but tours that included take-home souvenirs. So breweries created different tiered tour packages: a one bomber tour package with 1 bomber was $10, a 2 bomber tour package was $20, etc.) That law took effect on July 1st, and as convoluted as this whole set up is, it was a step forward...until this week.

The Department of Revenue (responsible for interpreting and enforcing the law) suddenly send out an interpretation of the law that states that you basically can't have tiered tours in which the price is tied to the quantity and quality of take-home alcohol souvenir.

Here's a link to a good article that explains better than I can what is going on in Georgia right now.

 

[SirDickButts]

somewhere in those hearings is an angry catholic grandma who's child have been killed by an drunk driver
or who's husband is eat up with the dope and is being forced to attend AA meetings...because he gets drunk on Sunday afternoons....she wants EVERYONE to feel her wrath and disdain towards beer...because...

 

[wolfman1201]

Sex Cauldron - I thought they closed that place down.

 

[Lutter]

Georgia is one of a handful of states where a brewery cannot sell beer directly to a consumer for either on-site or off-site consumption. All beer must be sold to a distributor. In the past, breweries were allowed to sell a consumer a glass, and that glass could be filled with samples up to 32 oz to be consumed on-site (a big loophole to this: if you brought your own glass, you could drink for free and they could not refuse to serve you).

This past legislative session, the Georgia Craft Brewer's Guild hired a lobbyist and proposed legislation that would allow breweries to sell up to 36 oz for on site comsumption and 72 oz of packaged beer for off-site consumption (Senate Bill 63 [SB63]). After lots of backdoor dealings (i.e., the distributor's re-writing the law), SB63 was amended to allow breweries tours for onsite consumption (loophole was closed--no more drinking for free). Breweries could also sell tours that included souvenirs of up to 72 oz of packaged beer for off-site consumption. Breweries were still not selling beer, but tours that included take-home souvenirs. So breweries created different tiered tour packages: a one bomber tour package with 1 bomber was $10, a 2 bomber tour package was $20, etc.) That law took effect on July 1st, and as convoluted as this whole set up is, it was a step forward...until this week.

The Department of Revenue (responsible for interpreting and enforcing the law) suddenly send out an interpretation of the law that states that you basically can't have tiered tours in which the price is tied to the quantity and quality of take-home alcohol souvenir.

Here's a link to a good article that explains better than I can what is going on in Georgia right now.

LOL. After reading that link, you guys ****ing win.

What a batshit crazy set of laws.

 

[mateoloco]

LOL. After reading that link, you guys ****ing win.

What a batshit crazy set of laws.

 

[nophunk]

Yeah I stopped into Taps & Caps otw home from the west coast Sunday. I was really bummed to learn of this law interpretation. TABC is pretty shitty. Also, the dude's working at that store were pretty ****ing boring. Not mean or anything, but the least enthusiastic bar tenders one could imagine. I was trying to ask about the law and get some insight and homie was just not feeling it. Vibe was enough to make me never return lol.

 

[HenrikO]

LOL. After reading that link, you guys ****ing win.

What a batshit crazy set of laws.

Georgia and Texas, making Swedish alcohol sales/licensing laws look liberal.

 

[RayP]

LOL. After reading that link, you guys ****ing win.

What a batshit crazy set of laws.

One brewer yesterday is so fed up with it he said just come pick up the 6 packs they did have for sale for free.

 

[Rau711]

I think it is funny how all states have at least 1 stupid law regarding beer/liquor that doesn't make any sense; yet these laws are so different from the next states.

 

[Padraig]

Georgia and Texas, making Swedish alcohol sales/licensing laws look liberal.

Who'd have thought southern baptists and socialists could have so much in common.