Homebrew permit closer to being scrapped

New Jersey's homebrewers are a step closer to doing legally what they have done under state regulators' noses with impunity for a couple of decades now – make beer without signing up for a $15 permit.

Lawmakers this week approved a bill that would do away with the oft-ignored homebrewing permit requirement, sending the measure to Gov. Chris Christie for his consideration. Based on the support he has shown so far for the state's craft beer interests – specifically his declaration of American Craft Beer Week in New Jersey last May – there's a fair chance Christie could sign the measure.

The practice of making beer at home for personal consumption was legal even back during Prohibition, when the production and sale of commercially brewed beer, wine and spirits were outlawed. Homebrewing has enjoyed the federal government's expressed blessing since the late 1970s, when President Jimmy Carter signed legislation to that effect.

New Jersey lawmakers officially sanctioned the hobby in the early 1990s. Back then, homebrewing enthusiasts who championed the practice accepted Trenton's imposing a permit requirement as a trade-off for getting it set down in writing that making up to 200 gallons of homebrew per year was legal. In short, it was the best deal to be had, as far as getting state lawmakers to say what the federal government had been saying, and thereby fending off any local code enforcement officers who wanted to act like a revenuers.

Despite the requirement, however, state regulators were never exactly heavy-handed about enforcing the permit obligation, nor the restriction that the beer homebrewers made be served only at the locations where it was made. No one has ever been busted by the Division Alcoholic Beverage Control for not having a permit. And in fact, the number of homebrewing permits issued annually over the past six years by ABC, for example, has barely approached 400, while the Colorado-based American Homebrewers Association says the ranks of Garden State homebrewers on its membership rolls dwarfs that figure.

But it's hardly suckers and scaredy-cat homebrewers who chose not to be scofflaws with regard to the state permit requirement.

Historically, most of the people who apply for the permit are those who make use of brew-on-premises businesses, like Brewers Apprentice in Freehold, or Brew Your Own Bottle, in Westmont. And with good reason: Brew-on-premises operations are sitting ducks for enforcement, and the owners risk their businesses by not having patrons sign up for the permit before making beer at their sites.

Nevertheless, despite the apparent history of non-existent enforcement, a sponsor of the measure still struck a dramatic and populist tone about the need to dispatch the permit requirement. (And for the record, it's a good thing Trenton has stuck up for homebrewers, even if there is a hint of naiveté to it.)

"Homebrewers should not be viewed in the same light as the bathtub gin makers, moonshiners and swill brewers from Prohibition, nor are they running speakeasies out of their homes," says state Sen. Joseph Vitale of Middlesex County, home of the WHALES homebrew club. "Today's homebrewers and winemakers take up the hobby to produce a product for their own enjoyment and which they can share with their families. Getting rid of this permit requirement is the right thing to do."

Vitale goes on to say: "For the person who wants to simply try to reproduce their favorite beer at home, or the enthusiast who wants to make a high-quality beer of their own, the state shouldn't treat them as it would a commercial brewery. It's about time we clear out this unnecessary and unenforced permit requirement from the books, and lift the scofflaw status from thousands of residents who simply want to lift a pint of their own creation without fear that the state's peering over their shoulder."

In fairness to the ABC, the agency had the authority to peer over homebrewers' shoulders but chose to keep its distance. The bigger sin has been the $15 fee the law demanded (though never actively pursued), which you could interpret as a tax on homebrew.

And for the record, the American Homebrewers Association has said Trenton lawmakers have the right idea about scrapping the permit, but the wrong notion about striking homebrewing from the state's books. The AHA prefers language declaring homebrewing legal and exempt from taxation be put on the state's books, just forget the permit.

Also what's lost on Trenton, apparently, is the close tie homebrewing does in fact enjoy with commercial brewing, the former being a feeder system to the latter. As is the case across the country, there is a large number of commercially licensed craft brewers in New Jersey who jumped into business based on their homebrewing prowess. And many more are considering following suit.

Nonetheless, Trenton has given beer enthusiasts in New Jersey something to toast.

Dump the permit, keep the law

How many homebrewers are there in New Jersey?

Good question.

The state's Division of Alcoholic Beverage Control, the agency that now regulates both commercial and amateur brewers by way of licensing and permits, can only tell you that it granted permission to 386 homebrewers in 2010.

But the American Homebrewers Association, the Colorado-based organization that promotes homebrewing and watches those brewers' backs as far as trends and regulations go, says its paid membership from New Jersey likely tops the number of homebrewing permits issued last year by the state.

In fact, those 386 permits from last year are the most New Jersey has issued in the past six years, with the lion's share of them going to patrons of brew-on-premise establishments. You have to go back to 2007, when 359 homebrewer permits were granted, to find a similar peak within that time period.

Why are there more homebrewers than the state can account for? Probably because most people who jump into homebrewing in the Garden State don't know they're supposed to get a permit in the first place. Homebrew supply shops aren't obligated to play cop and enforce the permit rule, and many shop owners say that if they did, they'd lose more customers to Internet sales.

So it's a good thing that there's a bill in the Legislature, A4012, that proposes dumping the 20-year-old permit requirement, plus its restrictions against making or serving homebrewed beer anywhere except the address put down on the permit application, not to mention the provision that allows the ABC to carry out spot checks on permit-holders to ensure compliance.

There's also the matter of the permit's cost – 15 bucks. "The money that they charged to get that, administratively, I can't imagine that it was cost-effective," says JoEllen Ford, owner of The Brewer's Apprentice, a brew-on-premise and homebrew supply shop in Freehold. "What were they hoping to accomplish? I don't understand what the objective was to begin with, what were they trying to stop or prevent."

To many, the introduction last month of A4012 was indeed welcome news. However, the AHA notes a caveat about just tossing the permit regulation. The way the bill sponsored by Middlesex County Assemblyman Craig Coughlin is written, the AHA says, it appears to just rely on the federal legalization for homebrewing. That is to say, you can legally brew up to 200 gallons per adult per household per year.

The federal standard may seem safe, but the AHA says it doesn't leave on New Jersey's books some stipualtion that homebrewing is a legal practice and that the product of homebrewers' efforts will not be taxed. The AHA recommends that states expressly say homebrewing is legal and not subject to taxation. (Coughlin did not respond to several messages left with his office seeking comment on his bill. His district, by the way, is ground zero to the WHALES homebrew club of Woodbridge.)

Homebrewing, once the province of Prohibition-era drinkers thirsty for a beer, was legalized by the federal government in 1978. New Jersey followed suit 13 years later. Exactly why the state decided that Garden State homebrewers would also need a permit each year to strike a mash in their garage has sort of been lost to the mists of time.

But Joe Bair, owner of Princeton Homebrew (along Route 29 in Trenton), says the permit ended up being included in the state's codification of backyard beer-making because of some tradeoffs between homebrewing proponents, notably the late Ed Busch, a former member of the AHA governing committee, and the Legislature.

At the time, there was considerable opposition from restaurant and bar groups concerning craft brewing and homebrewing.

"He (Busch) had to sign off on all this ridiculous stuff," Joe says. "In order for him to get the thing passed, he had to eat that. At the time, he was a member of the AHA governors, and one by one, all the states were making homebrew legal. He didn't want to delay it anymore, he wanted results, so he compromised on that.

"He had to do whatever it took, and the result is he passed the law. That's not to say it's the law he wanted to get passed," Joe says.

What's old is new?

Another nod to PubScout Kurt Epps, who points out the Star-Ledger is recycling features, only this time using a video camera to do it.

The Ledger descended upon The Brewer's Apprentice in Freehold to pick some low-hanging fruit. Kurt points out he did this story 11 years ago, and the Asbury Park Press (our alma mater) did it back in the 1990s, too.

What's different now? YouTube's ascension, from 2005 forward.

Some folks fancy calling this new media, which is accurate enough if you're in the industry or academics and need a term to wrap your mind around. But you can also take it as a euphemism for how the Internet has upended newspapers and eaten their lunch.

The Ledger and some others have inanely called it video journalism. Accurate again. But we can't help but remember that at the time of JFK's assassination 46 years ago, folks in television news were witnessing their slice of the broadcast journalism pie grow exponentially. (You can almost hear the broadcast veterans grinding their teeth at the phrase video journalism; what were they making from Dallas, slides? Animations? Cave paintings? Never mind the news reel footage shown in movie theaters back during World War II and before.)

Whatever. The nomenclature evolved because of short memories and tunnel vision. We're taking a swipe at the Ledger for a few other reasons, too.

One, Kurt's right. And two, the Ledger's production (and it must be stressed, we're not picking on Brewer's Apprentice) is just gathering apples from the ground, no ladder in the tree. All it does is talk about going to make beer outside the traditional brewery setting, i.e. homebrewing by proxy. There are plenty of homebrew clubs – folks who actually brew at home – in New Jersey with some seriously talented and innovative brewers, including one who was a national finalist in the 2007 Samuel Adams LongShot homebrew contest (something we pointed out, to no avail, to an editor at the Ledger back then).

Also, making beer – whether at home or in Butler, Roselle Park, Cherry Hill or Lambertville – is no mystery. There are boatloads of how-brewing-is-done videos on YouTube, and some are from New Jersey. If the Ledger were looking to do some real video journalism, it could have focused on the fact that New Jersey requires homebrewers to get an onerous annual permit, which practically no one does (except Brewer's Apprentice won't make your beer without it), and which practically no other state requires (according to the American Homebrewers Association in Boulder, Colorado). The permit is 15 bucks; it used to be 3, and requires your homebrew to not leave your home, something else that doesn't happen.

Sigh.

But we're not just griping for gripe's sake. We've shot plenty of newsy video about New Jersey beer. So here's where we blow our own horn:

• A look at how hop prices spiked.
• New Jersey's first brewery/brewpub in 10 years.
• And Big Brew 2008.