1/1/2015 last updated
It is legal in South Carolina to own a still if you can prove it is not used in the manufacture of moonshine AND show proof that it is used for other purposes such as distilling wine, essential oils, etc. If no proof can be offered it will be deemed illegal and for the purpose of moonshine production.
SECTION 61-6-4100. Distilleries It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alcoholic liquors, in violation of the laws of this State.
The unexplained possession of any part of a still, apparatus or appliance, or any device or substitute therefor, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of the violation of this section.
(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months; (b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and (c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.
The state does not offer any type of license to distill ethanol fuel. But because you can legally own a still and you can get a federal license it may be legal to manufacture your own ethanol fuel. You will need to contact your county for confirmation.
Licenses are available as well as micro distillery licenses. There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,
Contents
- 1 When did moonshine become legal in South Carolina?
- 2 What is the new distillery law in South Carolina?
- 3 What proof does moonshine have to be?
- 4 Why is moonshine illegal in the US?
- 5 Can you possess moonshine in South Carolina?
- 6 Is homebrewing legal in South Carolina?
- 7 Is moonshine illegal in North Carolina?
- 8 Can you make wine in South Carolina?
What is the penalty for making moonshine in South Carolina?
Penalty for Possession of an Illegal Still/Selling Moonshine? –
Misdemeanor; Maximum Fine : 1 st offense: not less than $600; 2 nd offense: $1,500; 3 rd and subsequent offenses: $3000.An additional charge of $20 per container of illegal alcohol; Maximum Jail Term : 1st offense: 6 months; 2nd offense: 1year; 3rd and subsequent offenses: 2 years. The State of South Carolina can:
seize property seize vehicles, vessels, & aircrafts used in transporting illegal liquor seize still
What are the rules for moonshine?
Home Distilling While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)).
Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
- 5601(a)(1) – Possession of an unregistered still.
- 5601(a)(2) – Engaging in business as a distiller without filing an application and receiving notice of registration.
- 5601(a)(6) – Distilling on a prohibited premises. (Under 26 U.S.C.5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
- 5601(a)(7) – Unlawful production or use of material fit for production of distilled spirits.
- 5601(a)(8) – Unlawful production of distilled spirits.
- 5601(a)(11) – Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
- 5601(a)(12) – Removal or concealment of distilled spirits on which tax has not been paid.
Under 26 U.S.C.5602, engaging in business as a distiller with intent to defraud the United States of tax is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both. Under 26 U.S.C.5604(a)(1), transporting, possessing, buying, selling, or transferring any distilled spirit unless the container bears the closure required by 26 U.S.C.5301(d) (i.e., a closure that must be broken in order to open the container) is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
- Under 26 U.S.C.5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States.
- In addition, 26 U.S.C.5615(1) provides that unregistered stills and/or distilling apparatus also will be forfeited.
- Under 26 U.S.C.5615(3), whenever any person carries on the business of a distiller without having given the required bond or with the intent to defraud the United States of tax on distilled spirits, the personal property of that person located in the distillery, and that person’s interest in the tract of land on which the still is located, shall be forfeited to the United States.
Under 26 U.S.C.5686, possessing liquor or property intended to be used in violation of the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. Such liquor and property is also subject to the seizure and forfeiture provisions in 26 U.S.C.5688.
- Under 26 U.S.C.7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution.
- Under 26 U.S.C.7301, any property subject to tax, or raw materials and/or equipment for the production of such property, in the possession of any person for the purpose of being sold or removed in violation of the internal revenue laws may be seized and shall be forfeited to the United States.
In addition, any property (including aircraft, vehicles, and vessels) used to transport or used as a container for such property or materials may be seized and shall be forfeited to the United States. Further, 26 U.S.C.7302 adds that it is unlawful to possess any property intended for use, or which has been used, in violation of the internal revenue laws; no property rights shall exist in any such property.
When did moonshine become legal in South Carolina?
A new era – The end of prohibition didn’t spell the end of bootlegging, either. When the 21st Amendment was enacted repealing Prohibition created by the 18th Amendment, federal and state governments levied steep taxes against legal liquor. In 1958, the tax was $10.50 a gallon federally. The South Carolina state tax was one of the highest in the country at $4 a gallon. In 1958, revenuers seized a large still operation in Horry County near Socastee. Officials found over 40,000 gallons of mash and estimated the still was an investment of at least $100,000. Nearly 90 years after the repeal of Prohibition, moonshine is alive and well in the woods and the storefronts of South Carolina.
File/Provided As a result, South Carolina was one of the leading moonshine states at the time, next to North Carolina, Alabama and Georgia. Reporters estimated that one out of every 4 gallons of liquor consumed in the state was moonshine. Columbia and Charleston were the principal cities involved. After Prohibition, with less demand for illegal liquor, moonshine often decreased in quality, federal agents discovered.
In the 1970s, moonshine coming out of Moncks Corner was the most poisonous in the state due to toxic amounts of lead. “We were the epicenter,” Chief Deputy Jeremy Baker of the Berkeley County Sheriff’s Office said. It’s been many years since the last time they seized an illegal still, he said.
- Many moonshiners were more interested in preserving an aspect of their heritage than making serious money.
- Judges rarely sentenced moonshiners harshly, viewing it more as a humorous pastime than a real crime.
- In the present day you can still find stills in the woods but moonshine has also taken a place on the store shelf.
South Carolina changed the law in 2009 to allow for micro distilleries, many of which now market legal moonshine, which isn’t aged like it’s older barrel cousins. There are currently 30 active licenses for micro distilleries in the state, according to the S.C. Law enforcement discovered a still near southern Charleston County’s Old Jacksonboro Road in 1989. No arrests were made, but the still was destroyed. File/Staff Palmetto Moonshine, founded by brothers Trey and Bryan Boggs, was the first distillery to capitalize on the changed law.
Is moonshine legal in the states?
Can You Make Moonshine in the United States ? – There are many people who are interested in giving moonshine a try, and it is important to take a look at the regulations in your area. Moonshine is illegal in the United States if you do not have a license.
What is the new distillery law in South Carolina?
Those accustomed to brewery hopping in South Carolina might be tempted to sample the Palmetto State’s growing selection of craft distilleries. But making the switch to locally produced spirits brings with it a host of restrictions. Distilleries can’t serve food or other kinds of alcohol with their liquor.
- Tastings, limited to 3 ounces a person, have to be accompanied by tours.
- And none of that sampling can happen after 7 p.m.
- Or on Sundays.
- There are a “bunch of old laws that affect what we do, that basically strangle us,” said Brian Fackrell, co-owner of RLB Distillery in Beaufort, which opened during the pandemic.
But bipartisan legislation backed by more than 30 state lawmakers in both chambers of the General Assembly aims to change that. The proposed overhaul would open the door to expansion, creating local jobs while modernizing South Carolina’s Prohibition-era regulations, Lowcountry distillers say.
It’s a lifeline that comes on the heels of a year where COVID-19 restrictions kept customers home. “What we’re trying to accomplish is just make it more economically feasible, particularly in light of what we’ve been through the last year, for us to be able to stay in business,” said Tony Chase, founder and master distiller at the Dausfuskie Island Rum Company,
The legislation, introduced in January through a pair of similar bills in the House and Senate would:
Increase the tasting limit from 3 ounces to 4.5 ouncesRemove the requirement that tastings be accompanied by toursAllow distilleries to serve food and other kinds of alcoholExpand hours, while still following Sunday retail sales rulesIncrease the amount of hard liquor that can be sold for off-site consumption from 3 bottles to 9 liters
The lead sponsor of the bill in the Senate, Sen. Sean Bennett, R-Dorchester, says loosening the restrictions would simply apply the same standards to micro-distilleries that are required of other craft alcoholic beverage producers. ” basically want parity and to be treated just like the breweries are now,” said Bennett, who previously led efforts to loosen limits on the amount of beer micro-brewers could produce and serve.
Since then, the number of craft breweries in the Palmetto State has almost tripled, according to statistics from the national Brewers Association, a trade group. Bennett says “archaic laws” stand in the way of a parallel story of job creation and economic development for distillers. He’s optimistic his bill will advance but acknowledges it faces obstacles.
In 2017, lawmakers allowed distillers to use mixers in their tasting rooms and raised the tasting limit from 1.5 ounces, the equivalent of a healthy shot. “Anytime you’re making significant changes to alcohol laws in South Carolina, you’re going to have to run the gauntlet,” Bennett said. RLB Distillery held its grand opening on Aug.26, 2020 at its location on Boundary Street in Beaufort, S.C. City of Beaufort Facebook
How do I get a distillers license in SC?
An applicant must be 21 years of age, be of good moral character, be a legal resident of the United States and if applying as a sole proprietor, must be a legal resident of South Carolina for 30 days prior to submitting an application to this department.
What proof does moonshine have to be?
What Proof is Moonshine Usually? – With a reputation for being notoriously potent, moonshine is known for having a strong “kick” to it. When it comes to what proof moonshine is, the figure usually hovers around 150 proof, which is about 75 percent alcohol.
This number can vary and depends on a lot of different factors. In the United States, corn-whiskey is capped at 62.5 percent for it to be legally distributed and must be distilled to no more than 80 percent ABV, or 160 proof. Moonshine veterans can tell the proof of their moonshine by simply observing the bubbles that form after shaking a jar of moonshine.
Larger bubbles indicate a higher alcohol content, whereas smaller bubbles that disappear slowly indicate a lower alcohol content in the liquid. Those who have been making moonshine for years are even able to match the readings of a hydrometer by simply observing the moonshine and bubble patterns.
Why is moonshine illegal in the US?
You can make your own wine and beer, can’t you? – Moonshine Two Georgia men pleaded guilty on Wednesday to charges of operating a moonshine still in the Chattahoochee National Forest, One of the bootleggers faces up to 35 years in prison for his crimes: making the brew, selling it, and not paying taxes on the proceeds.
- Back in college, the Explainer had friends who brewed their own beer, and that wasn’t against the law.
- So why is moonshine still illegal? Because the liquor is worth more to the government than beer or wine.
- Uncle Sam takes an excise tax of $2.14 for each 750-milliliter bottle of 80-proof spirits, compared with 21 cents for a bottle of wine (of 14 percent alcohol or less) and 5 cents for a can of beer.
No one knows exactly how much money changes hands in the moonshine trade, but it’s certainly enough for the missing taxes to make a difference: In 2000, an ATF investigation busted one Virginia store that sold enough raw materials to moonshiners to make 1.4 million gallons of liquor, worth an estimated $19.6 million in lost government revenue.
- In 2005, almost $5 billion of federal excise taxes on alcohol came from legally produced spirits.
- Until 1978, it was illegal to home-brew liquour or beer—and the rules on wine-making were somewhat ambiguous.
- But a growing number of oenophiles and beer connoisseurs wanted to make their own, and they helped pressure Congress to decriminalize home-brews across the country.
Today, federal rules say a household with two adults can brew up to 200 gallons of wine and the same amount of beer each year. (A few states have their own laws prohibiting the practice.) The 1978 law didn’t legalize moonshining, though; you still can’t brew spirits for private consumption.
- It is kosher, however, to own a still and process alcohol—but only if you’re using the alcohol as fuel and you have a permit from the ATF.
- In some states, you can purchase a legal version of moonshine from commercial distillers.) Despite the Appalachian stereotypes, not everyone swigs moonshine just for fast, cheap intoxication.
Some folks are accustomed to the taste of unaged whiskey, and they prefer the buzz that comes with it. These days, moonshine is even going upscale, as a new breed of amateur distillers in California, New England, and the Northwest are taking an artisanal approach to the hobby.
- Government prosecutors point out that moonshine poses serious health risks, including heavy-metal toxicity.
- So, how dangerous is it? There’s no inspection of the manufacturing process, so quality—and levels of contamination —vary.
- There are some informal and imprecise ways to test the purity of hooch: You can light some on fire and check for a blue flame or shake the pint and look for clear liquid drops that dissipate quickly.) Aside from drinking too much and doing something dumb—oh, like attacking somebody with a chain saw and fire extinguisher — the biggest risk is lead poisoning, since a homemade still might consist of car radiators or pipes that were dangerously soldered together.
One study in the Annals of Emergency Medicine in September 2003 found that more than half of moonshine drinkers have enough lead in their bloodstream to exceed what the CDC calls a “level of concern.” Got a question about today’s news? Ask the Explainer,
- Explainer thanks Michael Birdwell of Tennessee Technological University; Brent Morgan of the Georgia Poison Center; Art Resnick of the U.S.
- Treasury’s Alcohol and Tobacco, Tax and Trade Bureau; and Matthew Rowley, author of Moonshine,
- Correction, Oct.26, 2007: The original version stated that it was illegal to brew any alcoholic beverage at home.
Before 1978, wine-making was effectively permitted by the government. ( Return to the corrected sentence.)
Can you own a moonshine still in North Carolina?
Is it legal to make moonshine in NC? – It is illegal to make “spirituous liquor” – which includes moonshine – without a permit from the N.C. Alcoholic Beverage Control Commission, according to state law, State law also prohibits people from possessing, transporting and selling “non-tax paid alcoholic beverages.” The state has an excise tax on alcoholic beverages that all “retail wholesalers or importers of wine or malt beverages” must pay to keep their permits, according to the N.C.
Department of Revenue. The excise tax on liquor is 30%. Individuals with permits can make, transport and sell moonshine within the state, per state law, Permit applicants must be at least 21 years old, with no alcohol-related misdemeanor convictions within the last two years and no felony convictions within the last three years, according to the N.C.
ABC Commission,
Is moonshine illegal in Florida?
Is it Legal to Make Moonshine in Florida? Is it legal to make moonshine in Florida? Oh, you betcha it’s legal. Here’s the catch though it is not legal to make moonshine at home or without a distillery license. That is where Yalaha Bootlegging Co. comes into the picture.
- Yalaha Bootlegging Co.
- Is an authorized craft distiller in Lake County Florida.And that, my friends, is how we bring you moonshine!Each bottle and barrel of moonshine from Yalaha Bootlegging Co.
- Is personally crafted by the hands of the McCormack family, who own and operate Yalaha Bootlegging Co.
- Moonshine from Yalaha Bootlegging Co.
is extra special because it is fermented with organic blueberries from Blue Bayou Farms. Southern Pecan Moonshine is the second most popular product from Yalaha Bootlegging Co. followed by Blueberry Brandy. We hope that you in Yalaha, Fl very soon. Moonshine tastings are always available.
- If you visit Thursday – Sunday there is a good chance you’ll meet our friend Eddie with Eddie’s BBQ.
- Eddie has some of the best BBQ in Lake County and sells out early and often, so make sure you visit early! Every Saturday from 11:30 am until 2 pm you can listen to live music from our friend and Nashville star, Carl Adcox.
: Is it Legal to Make Moonshine in Florida?
Can you possess moonshine in South Carolina?
1/1/2015 last updated
It is legal in South Carolina to own a still if you can prove it is not used in the manufacture of moonshine AND show proof that it is used for other purposes such as distilling wine, essential oils, etc. If no proof can be offered it will be deemed illegal and for the purpose of moonshine production.
SECTION 61-6-4100. Distilleries It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alcoholic liquors, in violation of the laws of this State.
The unexplained possession of any part of a still, apparatus or appliance, or any device or substitute therefor, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of the violation of this section.
(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months; (b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and (c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.
The state does not offer any type of license to distill ethanol fuel. But because you can legally own a still and you can get a federal license it may be legal to manufacture your own ethanol fuel. You will need to contact your county for confirmation.
Licenses are available as well as micro distillery licenses. There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,
What is the alcohol law in SC?
The legal age to possess, purchase or consume alcohol is 21. South Carolina currently does not regulate server training. Violations of the liquor code are administrative and criminal. The minimum administrative penalty for a first offense is a $200 fine.
Is homebrewing legal in South Carolina?
Protect yourself by familiarizing yourself with the homebrew laws by state. Nowadays, everyone seems to want to DIY everything. After all, you can learn how to do almost anything yourself with the help of the internet! Many want to flex their skills and learn how to make their own beer. Alabama: In Alabama, it is legal to homebrew as long as you are not distilling your own alcohol. You can find more information on the Alcohol and Tobacco Tax and Trade Bureau website. Alaska: Alaska is one of the most homebrew-friendly states in the US. It is legal to homebrew without any restrictions, and there are no limits on how much beer you can make for personal consumption. Arizona: Arizona has some pretty relaxed homebrew laws- it is legal to brew up to 200 gallons per year for personal consumption. You do not need a license or permit to homebrew in Arizona. Arkansas: Arkansas also has very lax homebrewing laws – you can legally up to 100 gallons of beer per year for personal consumption without a license or permit. California: In California, you can homebrew up to 100 gallons of beer per year without a license or permit. However, you must be 21 years or older to homebrew in the state. Colorado: Colorado has some pretty relaxed homebrewing laws- it is l egal to brew up to 200 gallons of beer per year for personal consumption, and there are no restrictions on the type of beer that you can make. You do not need a license or permit to homebrew in Colorado. Connecticut: Connecticut also has very lax homebrewing laws- it is legal to brew any amount of beer for personal use without a license or permit. Delaware : Delaware does not have any specific homebrewing laws, but you must follow federal law. District of Columbia: No tax shall be levied and collected on any alcoholic beverage exempt from tax under the laws of the United States, or on any alcohol sold for nonbeverage purposes by the licensee under a manufacturer’s or wholesaler’s license in accordance with the regulations promulgated by the Council. Florida: Florida does not have any homebrewing restrictions on the books- it is legal to brew up to 200 gallons of beer per year for personal consumption without obtaining a license or permit. However, there are some requirements that you need to keep in mind if you are going to be brewing at home.
You must use potable water from either your own supply or bottled spring water for all steps involving heated liquid (mash and sparge). You will also want an alcohol stove with a low BTU rating so as not to overheat the wort during the process.
Georgia: Georgia has some homebrewing restrictions – it is legal to brew up to 100 gallons of beer per year for personal consumption, and you must be 21 years or older to homebrew. You also need a license from the state in order to homebrew commercially. Hawaii: Hawaii does not have any specific homebrewing laws, but you must follow federal law. Idaho : Idaho has some relaxed homebrewing laws – it is legal to brew any amount of beer without obtaining a license or permit. However, you may only use malt beverages in your brewing process (no wine or spirits). Illinois : Illinois allows residents to homebrew up to 15 gallons of beer per year without a license or permit. Commercial brewers in Illinois are allowed to make up to 30,000 gallons of beer per year. Indiana : Indiana has some homebrewing restrictions – it is legal to brew up to 200 gallons of beer per year for personal consumption without a license or permit. However, there are some guidelines:
You must be 21 years or older in order to homebrew in the state You may only use starch based materials (no malt extract) during the brewing process You also have to keep any equipment used for home brewing locked out from minors at all times
Iowa: Iowa does not have any specific homebrewing laws, but you must follow federal law. Kansas: In Kansas, it is illegal to homebrew with anything other than malted barley or cereal grains as long as no spirits or hard alcohols are included in your recipe. You must also be 21 years or older to homebrew in the state. Kentucky: Kentucky has some relaxed homebrewing laws – it is legal to brew any amount of beer without obtaining a license or permit. However, you may only use malt beverages in your brewing process (no wine or spirits). Commercial brewers are limited to producing 30,000 barrels per year. Louisiana : Louisiana does not have any specific homebrewing laws, but you must follow federal law. Maine : Maine allows residents to homebrew up to 200 gallons of beer per year without a license or permit. Commercial brewers are allowed to make up to 60,000 gallons of beer per year for sale. Maryland: Maryland does not have any specific homebrewing laws, but you must follow federal law. Massachusetts : Massachusetts has extremely relaxed homebrewing laws – it is legal to brew any amount of beer per year for personal consumption without a license or permit. Commercial brewers are limited to producing 30,000 barrels per year in the state. Michigan: Michigan does not have any specific homebrewing restrictions on the books- it is legal to make your own beer with no limitations as long as you do not sell what you produce. You also need a brewing license if you plan on selling your homemade beers in the state of Michigan (which costs only $25). Minnesota: Minnesota does not have any specific homebrewing restrictions on books- it is legal to make your own beer with no limitations. Mississippi: Mississippi has some homebrewing restrictions –
It is legal to brew up to 60 gallons of beer per year for personal consumption You must be 21 years or older in order to homebrew. You also need a license from the state in order to homebrew commercially.
Missouri : Missouri allows residents to homebrew any amount of beer without a license or permit. Commercial brewers are allowed to make up to 30,000 barrels per year for sale. Montana: Montana does not have any specific homebrewing laws on books, but you must follow federal law. Nebraska: Nebraska has some relaxed homebrewing laws – it is legal to brew any amount of beer without obtaining a license or permit. However, you must be 21 years or older in order to homebrew and may only use malt beverages (no wine) during the brewing process. Nevada: Nevada allows residents to homebrew up to 100 gallons of beer per year if they are over 18 years old without having to obtain any kind of permit or license for personal consumption purposes. Commercial brewers are allowed unlimited production so long as their breweries sell less than 40,000 barrels annually- this includes all establishments that produce alcohol on site regardless of sales volume, New Hampshire : New Hampshire allows residents to homebrew up to 100 gallons of beer per year without a license or permit for personal consumption purposes. You must also follow federal law while brewing at home in the state of New Hampshire. Commercial brewers are allowed unlimited production so long as their breweries sell less than 60,000 barrels annually- this includes all establishments that produce alcohol on site regardless of sales volume, New Jersey : In New Jersey, it’s not legal for residents under 21 years old and over 16 years old to brew any amount of beer for personal use without obtaining a license from the state first. Commercial brewers have no production limits in. North Carolina : In North Carolina, anyone over 21 years old can legally brew any amount of beer per year for personal use with no restrictions. Commercial brewers have an annual production limit set at 25,000 barrels and may only manufacture malt beverages for sale- no wine or spirits. North Dakota : In North Dakota, homebrewing laws are more relaxed than most other states – it is not illegal at all (no license required) to produce any amount of malt beverages per year in the state of North Dakota so long as they remain on site and can only be consumed by people over 21 years old. Ohio : In Ohio, you must also follow federal law while homebrewing in Ohio, which is legal without any permits or licensing. Commercial brewers are allowed unlimited production so long as their breweries sell less than 31 million barrels of beer annually- this includes all establishments that produce alcohol on site regardless of sales volume, Oklahoma: In Oklahoma, you must also follow federal law while homebrewing in Oklahoma, where anyone over 21 years old can legally brew any amount of malt beverages per year for personal use with no restrictions, Commercial brewers have an annual production cap set at 200,000 barrels and may manufacture malt beverages and/or unfortified wines for off site sales. Oregon: You must also follow federal law while brewing at home in Oregon, where homebrewing is legal without any permits or licenses. Commercial brewers are allowed unlimited production so long as their breweries sell less than 20 million barrels of beer annually- this includes all establishments that produce alcohol on site regardless of sales volume, Pennsylvania : In Pennsylvania, it is illegal for residents under 21 years old and over 16 years old to homebrew any amount of beer for personal use without obtaining a license from the state first. Commercial brewers have no production limits in Pennsylvania. Rhode Island: has some relaxed homebrewing laws – it is legal to brew any amount of wine or malt beverages per year for personal consumption purposes without a license nor permit, Commercial brewers have an annual production cap set at 200,000 barrels and may manufacture malt beverages for off site sales. South Carolina : It is legal to make your own beer in South Carolina without obtaining a license or permit- this includes homebrewing up to 100 gallons of beer per year for personal consumption purposes only. You must also follow federal law while brewing in the state of South Carolina. Tennessee: It is illegal for residents under 21 years old and over 16 years old to homebrew any amount of beer for personal use without obtaining a license from the state first in Tennessee. Commercial brewers have no production limits in Tennessee. Texas: There are some relaxed homebrewing laws in Texas, It is legal to brew up to 100 gallons of beer per year for personal consumption purposes without a license, You must also follow federal law while homebrewing in Texas. Commercial brewers are allowed unlimited production so long as their breweries sell less than 125 million barrels annually- this includes all establishments that produce alcohol on site regardless of sales volume, Utah : has some relaxed homebrewing laws – it is not illegal at all (no license required) to produce any amount of wine or malt beverages per year for personal consumption purposes. Commercial brewers are allowed production up to 60,000 barrels a year with no restrictions on the number of off site sales. Vermont : It is legal to make your own beer in Vermont without any permits or licenses- this includes homebrewing up to 200 gallons of beer per year. You must also follow federal law while brewing in Vermont. Commercial brewers are allowed unlimited production so long as their breweries sell less than 15 million barrels annually- this includes all establishments that produce alcohol on site regardless of sales volume, Virginia : It is illegal for residents under 21 years old and over 16 years old to homebrew any amount of beer for personal use without obtaining a license from the state first in Virginia. Commercial brewers have no production limits in Virginia. Washington State : There are some relaxed homebrewing laws in Washington State. It is legal to brew any amount of wine or malt beverages per year for personal consumption purposes without a license, You must also follow federal law while homebrewing in Washington State. In Wisconsin, it is illegal for residents under 21 years old and over 12 years old to homebrew any amount of beer for personal use without obtaining a license from the state first. Commercial brewers have no production limits in Wisconsin. West Virginia : It is legal to make your own beer in West Virginia without obtaining a permit or license- this includes homebrewing up to 100 gallons of beer per year and 200 gallons if you’re over 21 years old, Commercial brewers are allowed unlimited production so long as their breweries sell less than 60 million barrels annually- this includes all establishments that produce alcohol on site regardless of sales volume, Wyoming : It’s not illegal at all (no license required) to produce any amount of wine or malt beverages per year for personal consumption purposes in Wyoming. Commercial brewers are allowed production up to 60,000 barrels a year with no restrictions on the number of off site sales.
How much is a liquor license in SC?
Learn all about how to apply for a liquor license in South Carolina, plus the different types of liquor licenses, and all the costs and fees you’ll need to pay. How much does a liquor license cost in South Carolina?
License Name | Cost | Link |
---|---|---|
Liquor License | $300 – $1000 | South Carolina Department of Revenue |
What do you need to sell alcohol in SC?
Licenses – 120 Day Temporary
- The existing business must have a biennial license that has not expired, been suspended or revoked. Attach this original license with the completed ABL-901 application.
- A $25.00 fee is required for each temporary license requested, plus an additional $5.00 certification fee.
- Attach a copy of the receipt from the approved newspaper indicating you have paid for the Notice of Application.
- Attach a copy of the bill of sale, lease, probate document, divorce decree, eviction order, or document showing how the business was acquired.
- Must attach a current Grade A health rating from DHEC.
- Be sure to include the Retail Sales Tax License number on the ABL-901 application.
Qualifications
- Authorizes the sale and consumption of alcoholic liquors on the licensed premise. These licenses are issued to Restaurants and Hotels/Motels ONLY.
- An applicant must be 21 years of age, be of good moral character, be a legal resident of the United States and if applying as a sole proprietor, must be a legal resident of South Carolina for 30 days prior to submitting an application to this department.
- The applicant must be the owner of the business seeking the license and must not previously have had a license revoked within the past five years.
- All principals, officers, agents, and employees listed on the license must be over the age of 21 and be of good moral character. A current criminal history background check of not more than 90 days old, on each principal, officer, and employee must accompany this application.
- Please check with the city and/or county authorities to ensure you are in compliance with zoning laws and local business license requirements.
- Tax Liabilities: A license cannot be issued if the applicant or any principal has any outstanding tax liabilities with the SCDOR.
- Sign Posting:
- An agent of the SC Law Enforcement Division (SLED) must post and remove a sign at the proposed place of business.
- This sign must remain posted for at least 15 days, and may be removed only by the SLED agent, if the sign disappears before the SLED agent removes it, contact the SCDOR or SLED immediately.
- Licenses will not be issued until the afternoon of the fourth day after the sign is taken down by the agent; unless your published ad provides for a later date.
- Newspaper Advertisements:
- A notice of application must be placed at least once a week for three (3) consecutive weeks in a newspaper approved by the department for your area.
- This notice must:
- Be in the legal notices section of the newspaper or equivalent section if the newspaper has no legal notices section;
- Be in large type, covering a space of on column wide and at least two inches deep; and
- State the type of license applied for and the exact location of the proposed business.
- To complete you application you must submit your Affidavit of Publication and a copy of the ad furnished by the approved newspaper office.
- Please refer to the ABL-32 for a complete list of approved newspapers.
Requirements
- Authorizes the sale and consumption of alcoholic liquors on the licensed premises. These licenses are issued to Restaurants and Hotels/Motels ONLY.
- Completed application ( ABL-901 ), signed, dated and notarized.
- Submit nonrefundable filing fees: $200.00 LICENSE FEES SHOULD NOT BE SUBMITTED UNTIL LICENSE IS APPROVED.
- Submit an Affidavit of Publication from the newspaper running your ad. The affidavit must include a copy of your ad. If you just started running your ad in the newspaper and have not received the ad and affidavit, you MUST include the receipt from the newspaper as soon as the newspaper provides it to you. Your license cannot be issued until this is received.
- Must complete the ABL-946 (Consent and Waiver).
- Must attach Articles of Incorporation, if applying as a corporation.
- Must attach Certificate of Authority to do Business in South Carolina, obtained from the Secretary of State’s office, if applying as a Foreign Corporation.
- Must attach a copy of Articles of Organization and Operating Agreement, or LLC Supplemental Information Form ( ABL-919 ), if applying as a Limited Liability Corporation.
- Must attach a copy of partnership agreement, if applying as a partnership or Limited Liability Partnership.
- All principals must attach a criminal records check (CRC), not more than 90 days old.
- If the principal has lived in SC for more than two (2) years, obtain the CRC from SLED at www.sled.state.sc.us or SLED Headquarters, Criminal Records Department, 4400 Broad River Rd., P.O. Box 21398, Columbia, SC 29221.
- If the principal has lived in SC less than two (2) years, obtain a statewide CRC from previous state of residency AND a CRC from SLED.
- If principal is not a SC resident, obtain a statewide CRC from current state of residency.
- Must attach a copy of your lease, deed or tax bill for the location for which you are seeking a license. The lease, deed or tax bill must be in the applicant’s name and list the physical address of the business location.
- Must attach completed residency status verification affidavit. Use Verification of Lawful Presence in the United States-Applicant and Principals ( ABL-920 ) for each principal. Each principal, officer, owner, member, and/or partner MUST sign the form. If applicable include his/her non-citizen alien registration number and attach a copy of all appropriate immigration documents.
- General Requirements for Business Liquor by the Drink:
- Your business must be at least 300 feet from a church, school or playground if the church, school or playground is located in the city.
- Your business must be at least 500 feet from a church, school, or playground if the church, school or playground is located in the county.
- These requirements do not apply if the establishment or location was established prior to November 7, 1962 or if you are acquiring a business that is currently licensed to sell alcohol. ABL Regulation 7-303 establishes how this measurement is conducted.
- The Department may issue a license so long as distance requirements are met in regards to schools, and so long as any playground or church located within the parameters affirmatively states that it does not object to the issuance of a license ( ABL-956 ).
- Business Liquor by the Drink Requirements:
- Your business must be primarily engaged in the preparation and serving of meals.
- Your business must have seating for at least 40 people simultaneously at tables for the service of meals each day it is open for business and available in all types of weather.
- Your business must have a kitchen that is in a separate area of the business and that is used solely for the preparation and serving of solid foods that make up meals.
- Your kitchen must have a working fixed grill, stove or microwave oven.
- Your must have a functioning cold storage unit with a minimum of 21 cubic feet capacity.
- You must have a menu or sign listing the meals offered at your place of business.
- There must be adequate food on the premises of your business to serve 40 people a hot meal. (Prepackaged single portioned foods prepared off the premises will not count as adequate food). You must have (or plan to have by the time you open for business) hot meals during normal “mealtimes” which occur when your business plans to be open to the public.
- The bar area used for storing and dispensing liquor by the drink must be lighted (or plan to be lighted by the time you open for business) so that customers have a clear view of all activities taking place in the bar area.
- Your place of business must have a Grade A Restaurant license issued by DHEC. Before your Liquor by the Drink License can be issued, you must furnish to the Department a copy of the inspection form given to you by DHEC showing that the Grade A Restaurant License has been issued.
- You must have functioning restrooms available for use by customers.
- If you are selling liquor by the drink (from “big bottles” and/or minibottles) you are required to remit the five percent liquor by the drink excise tax. Upon completion of the ABL registration process you will receive an information packet that includes the liquor by the drink return and procedures on the remitting the liquor by the drink excise tax.
- Business Hotel/Motel Liquor by the Drink Requirements.
- Your business must have at least 18 rooms to rent to the public as accommodations for lodging.
- The bar area used for storing and dispensing liquor by the drink must be lighted (or plan to be lighted by the time you open for business) so that customers have a clear view of all activities taking place in the bar area.
- Sales and consumption are restricted to the interior of the building and do not extend to the parking area even if food is served in these areas.
Do you need a license to bartend in SC?
In South Carolina there aren’t any state regulations in place that require a server or bartender to be licensed in order to sell alcohol. It is important to keep in mind some employers will require bartenders to complete such courses regardless of state or municipal laws.
Is it illegal to make your own moonshine in South Carolina?
1/1/2015 last updated
It is legal in South Carolina to own a still if you can prove it is not used in the manufacture of moonshine AND show proof that it is used for other purposes such as distilling wine, essential oils, etc. If no proof can be offered it will be deemed illegal and for the purpose of moonshine production.
- SECTION 61-6-4100.
- Distilleries It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alcoholic liquors, in violation of the laws of this State.
The unexplained possession of any part of a still, apparatus or appliance, or any device or substitute therefor, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of the violation of this section.
(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months; (b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and (c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.
The state does not offer any type of license to distill ethanol fuel. But because you can legally own a still and you can get a federal license it may be legal to manufacture your own ethanol fuel. You will need to contact your county for confirmation.
- Licenses are available as well as micro distillery licenses.
- There are several licenses you need to request to legally manufacture spirits.
- Below are the federal licenses only.
- Additional state requirements will need to be followed as well.
- You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,
Is moonshine illegal in North Carolina?
Is it legal to make moonshine in NC? – It is illegal to make “spirituous liquor” – which includes moonshine – without a permit from the N.C. Alcoholic Beverage Control Commission, according to state law, State law also prohibits people from possessing, transporting and selling “non-tax paid alcoholic beverages.” The state has an excise tax on alcoholic beverages that all “retail wholesalers or importers of wine or malt beverages” must pay to keep their permits, according to the N.C.
Department of Revenue. The excise tax on liquor is 30%. Individuals with permits can make, transport and sell moonshine within the state, per state law, Permit applicants must be at least 21 years old, with no alcohol-related misdemeanor convictions within the last two years and no felony convictions within the last three years, according to the N.C.
ABC Commission,
Can you make wine in South Carolina?
From Wikipedia, the free encyclopedia
Wine region | |
Official name | State of South Carolina |
---|---|
Type | U.S. state |
Year established | 1788 |
Country | United States |
Total area | 34,726 square miles (89,940 km 2 ) |
Grapes produced | Blanc du Bois, Cabernet Sauvignon, Cayuga, Chambourcin, Chardonnay, Melody, Merlot, Muscadine, Sauvignon Blanc, Seyval Blanc, Suwannee, Ravat, Vignoles, Viognier |
No. of wineries | 12 |
South Carolina wine refers to wine made from grapes grown in the U.S. state of South Carolina, The climate of South Carolina is challenging for the production of wine grapes. Hot and humid summers require viticulturists to adapt their canopy management to minimize direct sunlight on the grapes, which are often harvested early in the summer.