Donation Requirements
AUCTION DONATIONS
Under current California law, merchandise may not be donated. Current law also dictates that beer may not be auctioned and all beer donated to a non-profit event must be consumed on the premises. No beer may be removed from the event.
We ask that you make requests as far in advance as possible for auction items (we can only donate certificates) as we allocate our budget well in advance for donations and cannot accommodate last minute requests.
BEER DONATION RECOMMENDATIONS
We recommend that non-profits purchase beer from us ahead of time and resell at the event in order to raise more money for your cause. Before filling out the event donation request please consider this when you choose these options.
BEER DONATION LAWS
Due to state laws from the California ABC (Alcohol & Beverage Control), we are only able to donate beers to non-profit events that meet all of the requirements. The ABC California Business & Professions code 23357.3 outlines the statute related to these events and donations.
Beer manufacturers that hold a Type 01 or a Type 23 license [that's us] can donate to non-profit organizations. Breweries are only allowed to donate to federally designated 501(c) organizations. For events where breweries are going to pour beer a non-profit organization must apply for a special daily permit license (ABC 221) through the ABC. Or breweries may donate beer to a 501(c) organization that is holding a private event (not open to the public, no charge for admission and no sales of alcohol) that is being held at a location that is not licensed by the ABC.
Under current California law, merchandise may not be donated. Current law also dictates that beer may not be auctioned and all beer donated to a non-profit event must be consumed on the premises. No beer may be removed from the event.
Q&As (for breweries pouring at events)
Q. Can I pour my beer at a beer festival?
A. If you are a licensed beer manufacturer (type 23 or 01) than yes you can – as long as the event has a non-profit special event license. Remember, you can donate the beer to the non-profit, and then you can dispense the beer for the non-profit. This license also allows you to take back any unused beer not served at the event. But technically, the beer belongs to the non-profit during the course of the event. Any and all revenue that is received for the beer must go to the license holder.
Occasionally an event is run by a holder of a caterer’s license or a concessionaire license. This is a retail license and in this case, you cannot donate the beer and you cannot pour the beer. The beer must be sold at your posted price. Check the license before pouring at an event if you are not certain who the license holder is.
Q. Can I have a friend pour beer for me at a beer festival?
A. Yes. You can assign an “agent’ of your brewery to pour for you. They do not have to be a paid employee. But your company assumes all responsibility of that person’s action during the entirety of the event. Also remember that a licensed beer wholesaler cannot donate or pour beer at a beer event. That includes all employees of a beer wholesaler – even if they are not “working” at the time. So if a distributor rep stops by your booth and says “hey, I’ll give you a break and pour for a bit…” it would be prudent to decline.
Q. We have a type 23 license and I was told we couldn’t sell our beer at a beer festival. But I see breweries doing it all the time.
A. As a beer manufacturer, you are allowed to dispense beer and/or donate beer to an event that holds a non-profit, special event license. This is a temporary retail license and it is the only retail license in which you are allowed to dispense beer at and donate beer to.
Q. Can we be compensated for beer that we bring to a festival?
A. No. However, you can sell your beer to the non-profit prior to the event and be compensated in that way. You do not have to sell at your posted prices when you sell beer to a special event license holder, so you can sell at any price that you like. You’re only allowed to serve your beer at the event if you have donated it.
Q. A non-profit organization runs a local arts and music theater. They hold a permanent retail license for the venue and sell beer & wine at events. Can we donate beer to them since they are a non-profit organization?
A. No. They hold a permanent retail license and beer manufacturers are only allowed to donate beer (with stipulations) to the holder of a non-profit temporary license.
Q. If they were to get a temporary beer & wine license for a special event, could we then donate beer to them?
A. No. Because they hold a permanent retail license, you cannot donate to them even if they were to get a temporary license. However, if the temporary license is for the same licensed premises that holds the permanent license and they surrender the permanent license for the same period of time as they’ve been issued a temporary license then you can donate beer to the non-profit temporary license holder.