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.)
Contents
- 0.1 Why can’t you make your own moonshine?
- 0.2 What proof is moonshine if it burns blue?
- 0.3 Is the show Moonshiners fake?
- 0.4 Is homemade moonshine bad for you?
- 1 How strong is real moonshine?
- 2 Can I make my own moonshine?
- 3 Can minors drink with parents in Kentucky?
- 4 Will 100 proof vodka burn?
- 5 Why do Moonshiners shake the jar?
- 6 Did any of the Moonshiners go to jail?
- 7 Can you make real moonshine?
Why can’t you make your own moonshine?
A Whiskey Tax – The trouble began largely when Alexander Hamilton, the founding father now famous for his tenacity and song lyrics, figured out a way to deal with the debt associated with the American Revolution. He decided that placing taxes on alcohol would be a good way to pay off the debt accumulated from the war.
- Of course, all of the farmers were not on board.
- After all, they had just finished fighting against the British tax tariffs.
- This tension exploded with the Whiskey rebellion.
- This crackdown on moonshining was led by George Washington and resulted in a large loss of life.
- Making moonshine officially became illegal when the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) passed the 1862 Revenue Act,
This Act imposed taxes on alcohol (along with many other items) and was written to collect taxes on imported distilled spirits, but also included the homemade variety. It has been illegal to make spirits in American homes ever since. This change did not come without backlash. Check out What is Moonshine Prohibition?
Is it legal to make moonshine for personal use in Kentucky?
No. The Department does not collect renewal or licensing fees on behalf of local cities or counties. No. The buyer of a business is prohibited from using the seller’s license. KRS 243.020(1), Also, the seller of a business is prohibited from allowing a buyer to use its license.
- RS 243.020(2),
- The buyer must file an application to transfer the business/license(s) or obtain licenses in its own name.
- RS 243.630(5),
- A buyer can obtain a transitional license to operate while the transfer application is being processed.
- RS 243.045,
- If the Department of Revenue has placed a hold on your license renewal, our office will require a release before your license is renewed.
To obtain a release contact Department of Revenue at (502) 564-4921. Once the tax hold is released by the Department of Revenue, you must complete renewal online with full payment before the annual renewal term ends. A license holder who does not renew or attempt to renew by thirty (30) days after expiration will not be permitted to renew later and must instead apply for a new license.804 KAR 4:390,
Yes. The transporter’s license permits the holder to pick-up and deliver any type of alcoholic beverage in Kentucky or to drive through Kentucky with a load of alcoholic beverages. KRS 243.200(1), No. Each common carrier or company must apply for and obtain its own license. KRS 243.020(1), A broker cannot share a license with any other common carrier.
No. Bottle service refers to the sale of a bottle of wine or distilled spirits to patrons who then dispense the alcohol to themselves within the establishment. Under current ABC statutes and regulations, licensees are only allowed to sell “by the drink” for on-premises consumption or “by the package” (or bottle) for off-premises consumption.
- Compare e.g.
- RS 243.240 & KRS 243.250.
- Licensees may not sell “by the package” for consumption on a licensed premises.
- Therefore, selling an entire bottle of wine or distilled spirits for patrons to dispense themselves on the licensed premises is not allowed, whether the licensee has a retail drink license, a package license, or both.
A retail drink licensee is responsible for dispensing alcoholic beverages to its patrons and ensuring that these patrons do not become manifestly intoxicated or otherwise disorderly. A quota license holder who satisfies the 804 KAR 4:110 conditions for dormancy may apply using the Dormancy Request Form.
The initial period of dormancy may not exceed twelve (12) months. The Department determines whether to grant the request for dormancy and may extend the time period once for up to an additional twelve (12) months. Be mindful that any person approved for dormancy will still be required to pay annual licensing fees.
There is a specific statute, KRS 243.540, that provides several different options to the license holder. If the license holder has not yet closed its business, it may sell its alcoholic beverage inventory to the public as long as it does not sell the inventory for below cost.
If the license holder has multiple business locations and intends to close one, it may request Department approval to transfer the inventory from the closing location to one that will stay in operation. KRS 243.540(3)(c), If the business is closed, it may request Department approval to sell the inventory to another license holder who wishes to purchase the inventory.
A request to transfer or sell inventory may be mailed to the Kentucky Department of Alcoholic Beverage Control, 500 Mero Street 2NE33, Frankfort, Kentucky 40601, or emailed to [email protected]. Generally, a license holder may surrender a license(s) by signing and mailing a letter to the Department’s Licensing Division that states that the license holder is surrendering its license(s).
The license holder should return the Department’s issued license(s) in the letter. If the Department has initiated an administrative penalty case against the license holder, the license holder should contact the Department’s Legal Division about surrendering the license in resolution of the case. No. Caterers can only sell alcoholic beverages by the drink, not by the package.
KRS 243.033, As such, caterers cannot allow attendees to leave a catered event with bottles/packages of distilled spirits, wine, or malt beverages to take home. State law permits alcohol sales on any election day. A county or city has authority to enact a local ordinance that prohibits alcohol sales while election polls are open.
- RS 244.290, KRS 244.480,
- It is the responsibility of the license holder to know, and comply with, any Election Day ordinance restrictions.
- A list of local ABC Administrators and some ordinance information can be found at: Local Information,
- Normally no.
- The state default end time for alcohol sales is midnight.
KRS 244.290, KRS 244.480 Daylight savings time ends at 2:00 a.m. on the first Sunday of November. As such, at 2:00 a.m., clocks are set back to 1:00 a.m. Since this occurs after midnight, it has no effect on the state default sales end time. If a local ordinance permits a license holder to sell alcoholic beverages until, or after, 2:00 a.m., the license holder will gain an additional hour of sales.
- No. KRS 244.550 prohibits adulteration of malt beverages “which changes the character or purity” of the product.
- The Department opines that adding green food coloring to beer does NOT materially change the character or purity of the beer.
- RS 244.550 exists to ensure that consumers receive the quality product for which they bargained.
When consumers order “green beer,” they know that they are receiving the same character and purity of beer with food coloring simply added. Although green beer is not a prohibited adulteration, a distributor does not have to provide green beer to its retailers, even if requested.
A person must be at least twenty (20) years old to sell, serve or accept payment for distilled spirits, wine, or malt beverages. KRS 244.090, A person must be at least twenty-one (21) years old to buy, consume, or possess an alcoholic beverage. KRS 244.085, No. It is illegal for a license holder to permit consumers to bring and consume their own alcoholic beverages onto the licensed premises.
KRS 243.020(4), Businesses without an ABC license: No. It is a crime for a business without a license to give alcoholic beverages to a person. KRS 243.020(1), KRS 243.990, It is a crime for a person to drink alcoholic beverages in an unlicensed public place.
RS 222.202(2), KRS 222.990, It is a crime for an unlicensed public business to allow persons to sell, give away or drink alcoholic beverages inside the business. KRS 243.020(3), KRS 243.990, Businesses with an ABC license: Generally no. A licensee cannot give away alcoholic beverages for free. KRS 244.050,
A retailer holding a sampling license is permitted to give one (1) ounce of distilled spirits samples per day and six (6) ounces of wine samples per day to a consumer. Free malt beverage samples are prohibited. KRS 243.0307(2), A distillery holding a sampling license is permitted to give one and three-fourths (1¾) ounces of distilled spirits samples per day to a visitor.
RS 243.0305(7), A brewery in a wet territory is permitted to give sixteen (16) ounces of malt beverage samples per day to a visitor. KRS 243.150(5), A microbrewery is permitted to give sixteen (16) ounces of malt beverage samples per day to a visitor. KRS 243.157(1), A small farm winery in a wet/moist territory is permitted to give six (6) ounces of wine samples per day to a visitor.
KRS 243.155(2), Yes. All retail licenses allow the holder to sell alcoholic beverages to consumers. An auction is a form of a contract to sell (offer to sell to highest bidder, acceptance of offer by seller, and exchange of consideration). It is not gambling and therefore not prohibited.
- The lowest bid accepted cannot be lower than the wholesale cost of the alcoholic beverages.
- RS 244.050,
- No, unless the charity or nonprofit organization obtains a special temporary alcoholic beverage auction license.
- If a charity or nonprofit organization obtains a special temporary alcoholic beverage auction license, it may auction or raffle alcoholic beverages as a fundraiser.
KRS 243.036, No, unless the charity or nonprofit organization obtains a special temporary alcoholic beverage auction license. Manufacturers, wholesalers, distributors, retailers and any other persons are only permitted to donate alcoholic beverages to a charity or nonprofit organization that holds a special temporary alcoholic beverage auction license.
- RS 243.036. Yes.
- Any territory annexed by a city takes on the same status as the city.
- If a city is wet and annexes territory from a dry county, the annexed territory becomes wet.
- RS 242.190(2). Yes.
- Before doing any business, all license holders must post the licenses issued by the Department in the principal room where business is conducted so that all persons visiting the licensed premise may readily see them.
KRS 243.620, No. Licensees are no longer required to print or display their licensee name and number on the front window or door of their premises. The only exception is for wholesalers who must still display their licensee name and license number on the front window of the licensed premises (or the front of the building if there is no window) in uniform letters not less than three (3) inches in height.
RS 244.270, Not for beer and wine. Both Kentucky and federal law allow an adult person to produce beer and wine for personal consumption. The aggregate amount of beer and wine that can be produced in any household with two (2) or more adults must not exceed two hundred (200) gallons per calendar year, or one hundred (100) gallons per calendar year, if there is only one (1) adult in the household.804 KAR 14:010 ; see also 26 U.S.C.
§ 5053(e) (malt beverage) and 27 C.F.R. § 24.75 (wine). Both Kentucky and federal law prohibit the production of distilled spirits for personal use without a license. KRS 243.020(1) ; 26 U.S.C. § 5601 – 5602. Yes. Stills are regularly used by various industries to distill water, petroleum, and other non-alcoholic beverage liquids for commercial purposes.
- For that reason, possession of a still is not illegal per se.
- A still only becomes an illegal apparatus when it is used to distill alcoholic beverages without appropriate licensure.
- RS 244.170.
- Still displays and demonstrations using water for educational purposes are permitted since there is no criminal intent to make distilled spirits illegally.
Nine or eighteen. A limited golf course license may be issued to a golf course in wet or golf course moist territory ( KRS 242.123 ) that meets the United States Golf Association criteria as a regulation nine (9) or eighteen (18) hole golf course. KRS 243.039,
To verify that a course meets with the United States Golf Association criteria please see its website at www.usga.org, It depends. Restaurants generally hold three (3) types of licenses: (1) Non-quota Type 2 (NQ2) retail drink licenses; (2) Limited Restaurant (LR) licenses; and (3) Quota Retail Drink (QD) licenses.
There is no requirement for restaurants holding NQ2 or QD licenses to sell food at all times. KRS 243.084(1)(b), A restaurant holding a NQ2 license is simply required to demonstrate that their prepared food receipts are at least 50% of their total net or gross and alcoholic beverage receipts.
KRS 241.010(5), If a restaurant holding a QD license permits minors on the premises, it is also required to demonstrate that its prepared food receipts are at least 50% of their total net or gross and alcoholic beverage receipts. KRS 244.085(5) ; KRS 241.010(5), However, restaurants holding LR licenses with seating for only fifty (50) persons may not sell alcoholic beverages unless food is being served.
KRS 243.034(4), LR restaurants are also required to demonstrate that their prepared food receipts are at least 70% of their total food and alcoholic beverage receipts. KRS 241.010(35), KRS 242.1244, Although confusing, restaurants holding LR licenses with seating for one hundred (100) persons are not required to sell food at all times.
Yes. A distillery, winery, or brewery may be located in a dry territory for production purposes. Produced alcoholic beverages must be transported to other parts of the state, or out-of-state, where alcoholic beverages can be lawfully sold. KRS 242.250(3), A distillery, winery, or brewery located in a dry territory cannot sell alcoholic beverage drinks or packages to consumers visiting the premises.
KRS 242.230(1), A precinct in a dry territory can have a moist local option election to permit alcoholic beverage drinks or packages to consumers visiting: (1) a small farm winery in the precinct ( KRS 242.124 ); or (2) a distillery in the precinct. KRS 242.1243,
- No. A distillery in dry territory is not be permitted to have souvenir package sales under KRS 243.0305, or obtain a sampling license under KRS 243.0307,
- However, a precinct in a dry territory can have a moist local option election to permit distilleries in the precinct to sell alcoholic beverage samples, drinks or souvenir packages to consumers visiting the distillery.
KRS 242.1243, Yes. Licensed small farm wineries, microbreweries, distilleries, and retailers have mobile privileges with their license types that allow them to sell their products at “fairs, festivals, or other similar events.” KRS 243.155, KRS 243.157, KRS 243.0305, KRS 243.240,
- No additional license is required.
- Small farm wineries, microbreweries, distilleries, and retailers each have different limitations on what they can sell, however.
- Small farm wineries are permitted to sell, by the drink or by the package, wine they produce or wine produced by another licensed small farm winery.
KRS 243.155(2)(e), Microbreweries are unlimited in how much malt beverages they produced on their premises that they may sell by the drink, but are limited to selling one case of packaged malt beverages they produced at their premises per consumer. KRS 243.157(1)(e),
- Distilleries are unlimited in how much distilled spirits they produced or bottled on their premises that they may sell by the drink, but are limited to selling by the package no more than nine (9) liters per person, per day.
- Distilleries are also authorized to serve complimentary samples not to exceed one and three-fourths (1-3/4) ounces per person, per day.
KRS 243.0305(10), A retailer holding a quota retail package license may sell distilled spirits and wine in unbroken packages at fairs in festivals in wet territories provided that the fair or festival is located in the same county as the quota retail package license holder’s licensed premises.
- RS 243.240(1)(c)(1),
- Retailers holding a quota retail package license and a sampling license may also sell and provide samples of distilled spirits and wine at fairs and festivals held in wet territories provided that the fair or festival is located in the same county as the quota retail package license holder’s licensed premises.
KRS 243.240(1)(c)(2), Because of the similarity of language used with the special temporary drink license statute ( KRS 243.260 ), the Department interprets “other similar events” to mean any civic or charitable event which qualifies for a special temporary drink license under 804 KAR 4:250.
This does not mean that someone must apply for a special temporary drink license; only that the event would qualify for one if an application was made. As such, a licensed small farm winery, microbrewery and distillery are permitted to participate at “fairs, festivals and similar types of events” even if held at a retail licensed premises.
KRS 243.0305(10) (distillery), KRS 243.157(1)(e) (microbrewery), and KRS 243.155(2)(e) (small farm winery). A landlord may make a written request to the Department to sell or destroy abandoned alcoholic beverage inventory in its possession, custody, or control.
The written request must be made at least twenty (20) days prior to any sale or destruction and provide: (1) the licensee purchasing the inventory or the business to destroy it; (2) proposed date of the sale or destruction; and (3) quantity, types, brands of alcohol to be sold or destroyed. KRS 243.540(5),
If approved by the Department, the landlord must notify the Department that the inventory was sold or destroyed within five (5) days of the sale or destruction. The Department has no authority to resolve contract disputes between a landlord and tenant.
- For this reason, the Department will not approve requests if the landlord evicts, claims a lien on inventory, or refuses to allow licensee to get inventory because of a lease or other dispute. Yes.
- If the spa or salon business obtains an appropriate retail drink license, it may sell alcoholic beverages to customers.
KRS 243.020(1), Licensed spas and salons cannot give away free samples of alcoholic beverage or sell below wholesale cost unless they hold a supplemental sampling license. KRS 244.050(1),804 KAR 5:070 also allows minors to enter and remain in salons and spas holding alcoholic beverage licenses.
- If a salon or spa business does not hold the appropriate type of retail drink license, it is illegal to serve or permit customers to drink alcoholic beverages at the business.
- RS 243.020(3) ; KRS 243.990(3),
- It is also illegal for the customer to drink alcoholic beverages at an unlicensed public business.
KRS 222.202(2) ; KRS 222.990(4), It depends. Sidewalks are usually owned by the city, not the licensee, so they are not automatically included as part of the licensed premises where alcoholic beverages can be sold and consumed. KRS 243.220, Some cities enact “café ordinances” whereby they grant a permit to a licensee, which allows the licensee to use an adjacent sidewalk as part of its licensed premises.
- I.e. Fayette-Lexington ordinance § 17-29.1.1.
- Permit; required (f)),
- After a licensee is granted the local permit to use an adjacent sidewalk, it must file a copy of the permit with the Department so that the sidewalk can be recognized as part of the licensee’s premises.
- To determine if a city or county provides a café ordinance please contact the local ABC administrator.
Some city and county alcohol ordinances may be viewed by visiting the Department’s website at https://abc.ky.gov/Local-Information/Pages/default.aspx, Kentucky does not have a law that requires a consumer to present an identification card in order to purchase alcoholic beverages.
- Entucky law only requires that a person be twenty-one (21) years of age or older to purchase alcoholic beverages.
- RS 244.080(1) ; KRS 244.085,
- Even though Kentucky law does not require it, many businesses have adopted a strict store policy requiring employees to card everyone and refuse sales to customers without ID’s (“card”).
These strict policies exist because the only defense to a sale to minor violation is if a minor induces the retailer to make an alcoholic beverage sale through a fraudulent ID. See KRS 244.080(1), The Department encourages this responsible business practice.
Yes. Kentucky does not require an identification card in order to purchase alcoholic beverages. Kentucky law only requires that a person be twenty-one (21) years of age or older to purchase alcoholic beverages. KRS 244.080(1) ; KRS 244.085, Even though the law does not require it, many businesses have adopted a strict store policy requiring employees to card everyone and refuse sales to customers without valid ID’s (“card”).
The Department encourages this responsible business practice. A vertical license is a valid state issued I.D. A sham small farm winery (“SFW”) is a licensee that is not using its license for the intended purpose of producing wine but instead generally operates as a bar.
In some counties, voters have only approved alcohol sales at SFW’s through a moist SFW local option election. A sham SFW attempts to circumvent the voter’s choice and operates a bar rather than a SFW. KRS 241.010 (58) defines a “small farm winery” to mean “a winery whose wine production is not less than two hundred fifty (250) gallons and not greater than one hundred thousand (100,000) gallons in a calendar year.
(emphasis added). See also KRS 243.155 (2)(a), The statutes make clear that a SFW licensee must produce at least two hundred fifty (250) gallons of wine per year. KRS 243.155 (2)(c) allows a SFW to enter into a “custom crush” agreement with another SFW to produce wine, but only ” for a production year,” The statute makes clear that a custom crush agreement is a temporary measure limited to one (1) year and is intended for a start-up SFW business or a SFW business that incurs a fire or other casualty loss.
It does not permit a SFW to circumvent its production requirements indefinitely. Yes. The producer is also permitted to provide cash or credit refund, or replacement for the recalled product.27 CFR § 11.32, The producer is not required to notify the Department, however they should maintain adequate records reflecting the recall.
No. It is a crime to sell alcoholic beverages to consumers in Kentucky without a license. KRS 243.020(1) ; KRS 243.990(2), In an effort to avoid potential criminal culpability or civil liability, most online auction companies or sale listing services specifically prohibit a person from selling alcoholic beverages under their user terms of agreement.
- As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation.804 KAR 5:080,
- See also KRS 241.010(66) ; KRS 243.232.
- As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license.
KRS 243.036(2)(c). Yes. KRS 242.290 specifically allows licensees to transport alcoholic beverages from wet territory through dry or moist territory to another in-state wet territory or out-of-state where alcoholic beverages may lawfully be sold. The license type held by a licensee determines the situations when a licensee may lawfully transport alcoholic beverages.
- Yes. The Department regulates alcoholic beverages and not barrels.
- A used empty barrel or bottle does not meet the definition of an alcoholic beverage.
- RS 241.010(2), No.
- Powdered or crystalline alcoholic beverage products are prohibited in Kentucky.
- RS 244.652.
- It depends.
- As the state default rule, the sale of alcoholic beverages is prohibited on Sunday.
KRS 244.290(3) (distilled spirits and wine sales); KRS 244.480(2) (malt beverage sales). However, local governments have the authority to permit Sunday alcohol sales by ordinance. KRS 244.290(4) ; KRS 244.480(4), Sunday sales are permitted for those business types, and at the times, permitted by any local ordinance.
If permitted by local ordinance, a licensee must obtain a Sunday retail drink license in order to sell drinks of distilled spirits and wine on Sunday. KRS 243.050(2), Some city or county ordinances may be reviewed by visiting the Department’s website at Local Information, Even if no ordinance exists, a licensee that holds an Extended Hours Supplemental License (ESL) is permitted to sell alcoholic beverages on Sunday during the times set forth in regulation, 804 KAR 4:230,
See, KRS 243.050(1), Local option elections are also available to permit Sunday sales in cities whose population exceeds twenty thousand (20,000), KRS 244.290(2), and in small farm winery moist precincts. KRS 242.1241 ; KRS 244.290(5). Yes. A producer licensee may contract with an independent contractor/third party to conduct alcohol sales at the producer’s licensed premises under the producer’s license as its agent.
RS 243.020(1), Of course, the producer licensee is responsible for any violation committed by its third-party agent. KRS 243.490(6), If a producer intends to use a third party/independent contractor to sell alcoholic beverages on its behalf at the licensee’s premises, the licensee must notify the Department with relevant information and provide copies of the relevant management, service or other agreement between the licensee and third party/independent contractor.
KRS 243.390(2). Yes and No. Kentucky law does not allow an unlicensed person to sell a bottle of distilled spirits or wine directly to another unlicensed person. KRS 243.020(1) ; KRS 243.240 ; KRS 243.990(2), As a limited exception, an unlicensed person is able to sell an unopened bottle of vintage distilled spirits to licensed distilled spirits retailers under the requirements set forth in regulation.804 KAR 5:080,
- See also KRS 241.010(66) KRS 243.232,
- As an alternative, an unlicensed person is allowed to donate unopened bottles of distilled spirits or wine to a charity or non-profit organization which holds a special temporary alcoholic beverage auction license.
- RS 243.036,
- Any person who is twenty (20) years of age or older is permitted to work in any licensed business and perform all job duties.
KRS 244.090(1)(c), A person who is eighteen (18) years of age or older is permitted to sell malt beverages by the packages at convenience stores and grocery stores which only hold a nonquota retail malt beverage package license if a person twenty (20) years of age or older is present and supervising the employee.
- RS 244.090(1)(c)(3),1.
- In a bottling house or room of a licensed distillery, winery, brewer, or rectifier; KRS 244.090(1)(c)(1),2.
- In an office of a wholesaler or manufacturer that is maintained in a building separate from the warehouses or factory; KRS 244.090(1)(c)(2) 3.
- In any business whose alcohol beverage sales do not exceed fifty percent (50%) of its gross sales (e.g.: restaurant) so long as the person’s job duties do not involve the sale or serving of alcoholic beverages.
Examples of job duties that do not involve alcohol sales or service include, but are not limited to, restaurant seaters, cooks, dishwashers, busboys, grocery baggers, and shelf stockers. KRS 244.090(1)(c)(3)(a)(b), The medical amnesty law is designed to encourage minors (persons under age twenty-one (21)) to immediately seek emergency medical attention if they or others have consumed a dangerous amount of alcohol.
- The law provides immunity from criminal prosecution for certain alcohol related offenses described in the statutes if the reporting individual fully cooperates with emergency medical assistance personnel and law enforcement officers.
- Medical amnesty laws are not designed or intended to immunize minors from punishment who simply drink alcohol.
KRS 244.992, Kentucky law does not specifically address whether an employee may consume alcoholic beverages. As such, the practice of allowing employees to drink on the job is a decision for the employer. However, the presence of an intoxicated employee could result in a disorderly premises violation ( KRS 244.120 ) or sale to intoxicated person violation.
- RS 244.080(2),
- Businesses are encouraged to incorporate responsible business practices and policies to minimize risk to public safety.
- Employees of producers are specifically allowed to sample products produced for purposes of education, quality control, and product development.
- RS 243.130(3) ; KRS 243.150(4) ; KRS 243.155(8) ; KRS 243.157(7).
Generally, raffles are not permitted on licensed premises since they constitute illegal gambling. KRS 243.500(6) ; KRS 528.010, There are three (3) exceptions under which raffles are permitted on licensed premises: (1) lottery tickets issued under the authority of the Kentucky Lottery Corporation; (2) raffle tickets sold by charities, licensed or exempted, under the charitable gaming laws; and (3) raffles conducted by a holder of a special temporary alcoholic beverage auction license that comply with charitable gaming laws.
RS 243.500(6)(a),(b) and (d); KRS 243.036(2)(a), Yes, if the raffle is free. Generally, raffles are not permitted on licensed premises as they constitute an illegal gambling game. KRS 243.500(6) ; KRS 528.010, However, a licensee can have “free” raffles whereby any person can play (no purchase necessary).
Since the game is “free” to everyone, there is no necessary “wager” element for an illegal gambling game. A licensee would be permitted to have a no-purchase-necessary raffle, available to anyone, for the chance to buy a bottle of alcoholic beverages at the normal retail sales price.
The licensee cannot require customers to buy something as a condition to participate in the raffle. In addition, a no-purchase-necessary raffle cannot offer a free bottle of alcoholic beverage as the prize or allow the winner to purchase the bottle below wholesale cost. See, KRS 244.050, It depends. No coupons on malt beverages are permitted.
KRS 244.461(3), Retailers cannot offer coupons on alcoholic beverages. However, discounted prices using loyalty cards are permitted so long as the discounted price is not less than the wholesale cost of the product. See, KRS 244.461(4), Producers and wholesalers can offer coupons, including digital coupons, on packages of distilled spirits and wine sold for off-premises consumption.
KRS 244.461(1), Yes, subject to agreement of the parties. A sale is simply a contract between a seller and a buyer. Contracting parties can voluntarily agree to cancel their contract (mutual rescission). A retail seller may permit a consumer to return sealed alcoholic beverages packages purchased from that seller for a refund or exchange.
However, since rescission of a contract is voluntary, retail sellers are not required to accept a return and make a refund if they chose not to do so. Yes, subject to agreement of the parties. A sale is simply a contract between a seller and a buyer. Contracting parties can voluntarily agree to cancel their contract (mutual rescission).
- A retail seller may permit a consumer to return sealed alcoholic beverages packages purchased from that seller for a refund or exchange.
- However, since rescission of a contract is voluntary, retail sellers are not required to accept a return and make a refund if they chose not to do so.
- A Kentucky resident, or military person moving to Kentucky, can bring alcoholic beverages purchased for personal use in another country back to Kentucky so long as necessary taxes are paid.
As of June 1, 2018, the form that a Kentucky resident must complete and file with the Kentucky Department of Revenue for that purpose is Revenue Form 73A504, which can be found at: https://revenue.ky.gov/Forms/73A504715.pdf Kentucky does not have a quantity restriction on the amount of personal alcoholic beverages that may be brought to a Kentucky residence.
Revenue Form 73A504 should allow a person to get through Federal Customs with their personal alcoholic beverages It is recommended that a person complete and obtain a signature from a Customs official or transportation officer on Revenue Form 73A504 and keep a copy of it when returning to United States.
If not signed, Customs may hold the person’s household goods in storage until the taxes are paid even though Kentucky does not require that the tax to be paid until the alcoholic beverages are in the state. On Revenue Form 73A504, be sure to specify cases or bottles in the “Containers” column under “No.” and “Size.” For your information, as of June 1, 2018, the excise tax for wine is $.50 per wine gallon (128 oz.), for distilled spirits is $1.92 per distilled spirts gallon (128 oz.), and for malt beverages is $.080646 per gallon (or $2.50 for a 31 gallon barrel).
- Example: The excise tax on 1 case (12 bottles that are 750 milliliters each) of wine is $1.19, while the excise tax on the same volume of distilled spirits $4.56.
- The excise tax on 1 case (24 bottles that are 12 ounces each) on malt beverages is $.18.
- If you have any questions about Revenue Form 73A504, please contact Elizabeth A.
Gonzalez at the Department of Revenue: [email protected]. You should also check with the federal Alcohol and Tobacco Tax and Trade Bureau (“TTB”), about any federal requirements. TTB information can be found at: http://www.ttb.gov/importers/personal_importation.shtml.
Yes. In 2017, KRS 244.350 was specifically repealed so that retailers with the proper package license may deliver all types of alcoholic beverages to a consumer in wet territories. To deliver packages of distilled spirits and wine, a licensee must hold a quota retail package license. To deliver packages of malt beverages only, a licensee must hold a non-quota retail malt beverage package license.
No additional licensure is required. A retailer wishing to deliver alcoholic beverages must comply with all alcoholic beverage laws regarding the sale. The retailer cannot deliver the alcoholic beverages to a minor or an intoxicated person. KRS 244.080,
- The employee delivering the alcoholic beverage must be twenty (20) years of age.
- RS 244.090,
- The vehicle used by a retailer must contain the licensee’s name and number as required by Board regulation.804 KAR 8:050,
- The licensee can make delivery sales through an online ordering process, telephone order, or application downloaded to a personal communication device.
A retailer may charge an additional fee for delivery so long as the fee is paid to the retailer as part of the sales transaction. Retailers must obey all ordinances for any territory to which they deliver, including prohibitions against Sunday sales. A retailer can sell and deliver alcoholic beverages to a consumer in any wet territory, but not a dry or moist territory.
RS 242.260. A retailer can travel through a dry or moist territory to deliver alcoholic beverages in a wet territory. KRS 242.290, A retailer is allowed to contract with an independent contractor to deliver alcoholic beverages as its agent ( KRS 243.020(1) ); however, the retailer is responsible for all violations or acts by its agents.
KRS 243.490, If the independent contractor acts exclusively for one retailer, no additional licensure is required and the independent contractor can operate under the retailer’s license. Any independent contractor vehicle used for delivery must contain the retailer’s name and license number.804 KAR 8:050.
If a company wishes to deliver alcoholic beverages for multiple retailers, that company is a common carrier and must first obtain a transporter’s license and display its license name and number on its vehicles used for delivery. KRS 243.200 ; 804 KAR 8:050, A common carrier is not required to display its license.
No. Alcoholic beverage laws do not set a maximum retail sales price for alcoholic beverages. The only applicable law dealing with retail sales prices forbids the sale of alcoholic beverages below wholesale costs. See KRS 244.050, Yes. If a licensee’s usual and customary business is as a “restaurant”, minors are permitted to remain on a licensee’s premises.
KRS 244.085(5)(a), A “restaurant” is a business whose usual and customary business is the preparation and serving of meals to consumers, that has a bona fide kitchen facility, and that receives at least fifty percent (50%) of its food and alcoholic beverage receipts from the sale of food at the premises.
KRS 241.010(50). Some restaurants include a bar area inside their premises where customers purchase and consume alcoholic beverages, appetizers, and other food. Since a bar area is part of a restaurant’s premises, minors are allowed to sit in the bar area.
- RS 241.010(43),
- It should be noted that other states have laws that prohibit minors in restaurant bar areas.
- To comply with all states’ laws, some national restaurant chains have adopted company policies that prohibit minors in the bar areas of their chain restaurants.
- Licensed restaurants may prohibit minors from sitting at bars, at their discretion, to comply with company policy.804 KAR 5:070 Section 4 (“.
a licensee may exclude minors from parts or all of its premises,”(emphasis added)) No. There is no law that establishes a maximum retail sales price for bottles of bourbon or other alcoholic beverage containers. Although KRS 244.050 establishes a minimum retail sales price for alcoholic beverages, it does not establish a maximum retail sales price.
- The minimum retail sales price is the paid or current wholesale cost of the alcoholic beverage sold at retail.
- ABC Company, Inc.
- D/b/a Your Liquor Place hereby declares its intention(s) to apply for a Quota Retail Package license and NQ Retail Malt Beverage Package license no later than September 30, 2019.
The licensed premises will be located at 123 Only Street, Somewhere, Kentucky, 40000. The sole owner and president is Sally Smith, 456 Lone Alley, Anywhere, Kentucky, 40001. Any person, association, corporation, or body politic may protest the granting of the license(s) by writing the Department of Alcoholic Beverage Control, 500 Mero Street 2NE33, Frankfort, Kentucky, 40601, within thirty (30) days of the date of legal publication.
Yes and No. A minor under the age of twenty-one (21) years may NOT enter any licensed premises to illegally purchase or receive any alcoholic beverages. KRS 244.085(1). However, a minor under the age of twenty-one (21) years MAY enter a liquor package store, without a parent or guardian, to lawfully purchase a non-alcoholic beverage product.
The minor cannot remain on the premises for a period longer than reasonably necessary to make the non-alcoholic beverage product purchase. Prior to enactment of KRS 244.085, the prohibition against minors on premises was controlled by a regulation which has since been repealed.
That regulation stated in pertinent part that minors could not “loaf” or “loiter” on licensed premises. The definition of “loaf” means “to spend time in idleness.” Loaf.2019. In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loaf. “Loiter” means “to remain in an area for no obvious reason.” Loiter.
In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loiter. As these definitions made clear, the prior regulation permitted minors to enter a licensed premises but they could not remain on the premises for no purpose.
KRS 244.085(6) currently provides in pertinent part that a liquor package store licensee “shall not allow any person under the age of twenty-one (21) to remain on any premises” (emphasis added). When KRS 244.085 was enacted, the General Assembly purposely used the term “remain” instead of “enter” to be consistent with the prior regulation as requested by industry members.
For the reasons discussed above, the Department interprets KRS 244.085(6) to NOT prohibit a minor from entering a liquor package store alone for the purpose of purchasing a non-alcoholic beverage product and then immediately leaving. Minors are permitted to remain in a liquor package store if accompanied by a parent or guardian though.
- Since minors are allowed to enter the premises, a package store does not have to post the “NO PERSONS UNDER 21 ALLOWED” sign.
- See, 804 KAR 5:070 Section 5. No.
- The law does not provide a maximum retail sales price for bottles of bourbon or other alcoholic beverage containers.
- Although KRS 244.050 establishes a minimum retail sales price for alcoholic beverages, it does not establish a maximum retail sales price.
The minimum retail sales price is the paid or current wholesale cost of the alcoholic beverage sold at retail. Yes and No. A minor under the age of twenty-one (21) years may NOT enter any licensed premises to illegally purchase or receive any alcoholic beverages.
RS 244.085(1). However, a minor under the age of twenty-one (21) years MAY enter a liquor package store, without a parent or guardian, to lawfully purchase a non-alcoholic beverage product. The minor cannot remain on the premises for a period longer than reasonably necessary to make the non-alcoholic beverage product purchase.
Prior to enactment of KRS 244.085, the prohibition against minors on premises was controlled by a regulation which has since been repealed. That regulation stated in pertinent part that minors could not “loaf” or “loiter” on licensed premises. The definition of “loaf” means “to spend time in idleness.” Loaf.2019.
- In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loaf.
- Loiter” means “to remain in an area for no obvious reason.” Loiter.
- In Merriam-Webster.com, Retrieved August 27, 2019 from https://www.merriam-webster.com/dictionary/loiter.
- As these definitions made clear, the prior regulation permitted minors to enter a licensed premises but they could not remain on the premises for no purpose.
KRS 244.085(6) currently provides in pertinent part that a liquor package store licensee “shall not allow any person under the age of twenty-one (21) t o remain on any premises” (emphasis added). When KRS 244.085 was enacted, the General Assembly purposely used the term “remain” instead of “enter” to be consistent with the prior regulation as requested by industry members.
- For the reasons discussed above, the Department interprets KRS 244.085(6) to NOT prohibit a minor from entering a liquor package store alone for the purpose of purchasing a non-alcoholic beverage product and then immediately leaving.
- Minors are permitted to remain in a liquor package store if accompanied by a parent or guardian though.
Since minors are allowed to enter the premises, a package store does not have to post the “NO PERSONS UNDER 21 ALLOWED” sign. See, 804 KAR 5:070 Section 5. KRS 244.050 generally prohibits a retail licensee from selling alcoholic beverages to consumers for a price less than the retailer’s paid or current wholesale cost for that product.
- Illegally selling alcoholic beverages below cost is known as “treating.” One exception to the treating prohibition is a bona fide “close out” sale that has been approved by the Department after written request.
- RS 244.050,
- This exception allows businesses to infrequently purge products that experience little or no sales for over a year.
The exception is not intended to allow a general clearing of slow moving items every few months, or periodically. When considering a written request to the Department for approval of a “close out” sale, a retailer should consider the following guidelines:
Provide an explanation as to why you are requesting permission. This should include what strategies you have used to sell the product above cost. Clearing your shelves to make room for new products is an unacceptable explanation.The product is to be removed from all stores of the licensed business.The product will not be offered for sale at any stores of the licensed business.The request should come from a designated agent of the licensee.Permission is required only for products sold at or below wholesale cost. You do not need our permission to sell wholesale cost.
Written requests to the Department for approval of a “close out” sale should be emailed to: [email protected]. Yes. KRS 243.430(1), If The Department of Revenue has placed a hold on your license renewal, our office will require a release before your license is renewed.
To obtain a release contact Department of Revenue at (502) 564-4921. Yes. Licenses expire when the annual renewal term ends. At that time, licensees have an additional thirty (30) day grace period to renew the license and maintain an interest in that license.804 KAR 4:390, If the license holder fails to renew during the thirty (30) day grace period, the grace period shall not be extended and the licensee must apply for a new license(s).
During the grace period, the licensee may not sell alcoholic beverages since the license has expired.804 KAR 4:390, The Department’s Enforcement Division receives notice if a license has not been renewed within two weeks of expiration. An investigator from the Enforcement Division may inspect the licensed premises to determine whether the business is active or closed and to remind the b No.
There is no late fee for a late renewal application; however, a license holder is not permitted to sell alcoholic beverages after a license expires. The Department must receive a completed renewal form and full payment no later than thirty (30) days after the license expires. A license holder who does not renew or attempt to renew by thirty (30) days after expiration will not be permitted to renew later and must apply for a new license(s).804 KAR 4:390,
Renewal applications are no longer sent by postal mail. You will receive an email reminder with instructions to renew online at https://abc-portal.ky.gov 45 days prior to license expiration. Your renewed license will not be sent by postal mail. Your renewed license will be emailed upon completion of renewing online.
What proof is moonshine if it burns blue?
We are done messing around, it’s time to raise the proof. At 128 proof, it’s clear, clean and exactly what moonshine should be. Purity and perfection are the name of the game when it comes to Ole Smoky ® Blue Flame Moonshine. Evidence of our high quality, high proof moonshine is all in the color of the flame – if it burns blue, it’s true. Buy Online Delivering to: |
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Is the show Moonshiners fake?
Whether you happened upon this phenomenon randomly while channel surfing or you’ve been a long-time fan of Discovery Channel’s hit TV show “Moonshiners”, you may have pondered at some point: Is this real life? The short answer is: No, it’s television.
- This is not reality.
- But here’s the question you should be asking: Is any of it real? When shows like “The Real World”, “Survivor”, “Fear Factor” and “American Idol” debuted generations ago, the concept of reality TV was groundbreaking.
- Now, with hundreds if not thousands of reality shows coming and going in the intervening years, viewers are savvier.
Our expectations have changed. Do we still think that everyone who brings an exotic item into Rick’s pawn shop just walked in off the street? Have we ever found it odd that every time the “American Pickers” arrive at someone’s house, even on “surprise” visits, the homeowner is all mic’d up? Do we think if the cast of the Discovery Network show “Moonshiners” had really been thumbing their nose at the revenuers for twelve seasons, somebody, somewhere wouldn’t have gotten busted?
Is homemade moonshine bad for you?
Consuming Methanol In Moonshine – Upon first sip, the dangerous potential of methanol is undetectable. It will simply get people drunker. However, after it is metabolized, the methanol can have an extremely harmful effect in someone’s body.10 milliliters (ml) of methanol is all it takes to permanently damage the optic nerve and cause partial, if not complete, blindness.30 ml of methanol is lethal.
- For reference, and standard shot glass in the United States holds 40 ml.
- If less than 10 ml of methanol is consumed then the worst someone will experience is a hangover, (albeit, quite possibly the worst hangover of their life).
- However, if someone consumes 10 ml or more of methanol, even split up among drinks, that can be enough to cause permanent damage or kill them.
While there are processes today to discard the toxic alcohol that is visually indistinguishable from water, some illegal Moonshiners will add methanol back in to provide a stronger potency. Obviously, without regulation, there is no way to know if illicit alcohol contains methanol.
How strong is real moonshine?
Moonshine Alcohol Percentage | Moonshine Proof – Moonshine usually has an ABV of 40% but can sometimes be as high as 60%-80% ABV. Alcohol content can be converted to proof by multiplying it by two. So, 40% ABV is 80-proof. The distilling process is the key to a spirit’s alcohol content.
Can I make my own moonshine?
Where in the World is Moonshining Legal? – via GIPHY Fortunately, making moonshine is not illegal all over the world. New Zealand was the first country to make distilling moonshine for personal consumption legal in 1996. In 1997 Russia reduced the penalty for making moonshine from a criminal offense to a misdemeanor.
As of 2002, it is no longer even considered a misdemeanor. However, it seems the good old United States of America is holding strong onto its moonshining laws. It is important to remember that the prohibition of moonshine is a tax law, which means that making moonshine legal would mean a loss of tax revenue.
The U.S. government has 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. Check out 7 Things to Look for in a Still Making moonshine in the United States is tricky.
Can minors drink with parents in Kentucky?
Updated: May 3, 2023 Kentucky, the home of bourbon and moonshine, has laws that govern all aspects of alcohol, from purchase to possession and beyond. However, the rules, especially those around wet, dry, and moist counties, are not always straightforward.
- If you’re a Kentucky resident, it’s worth your while to learn about your state’s liquor laws and stay on the right side of them.
- As is the case in every state in the country, Kentucky law requires that a person be twenty-one (21) years old or older to purchase alcoholic beverages.
- Entucky Statute 244.085 states: “A person under twenty-one (21) years of age shall not possess for personal use or purchase or attempt to purchase or have another purchase for the person any alcoholic beverages.
No person shall aid or assist any person under twenty-one (21) years of age in purchasing or being delivered or served any alcoholic beverages.” Non-adults under 18 caught trying to buy alcohol may be subject to juvenile offender punishments. At the same time, adults between 18 and 20 could face fines and/or jail time.
What alcohol is 100 proof?
Question: What does proof mean when referring to alcoholic beverages? Answer: Proof is defined as twice the alcohol (ethanol) content by volume. For example, a whisky with 50% alcohol is 100-proof whiskey. Anything 120-proof would contain 60% alcohol, and 80-proof means 40% of the liquid is alcohol.
Will 100 proof vodka burn?
7 Things You Didn’t Know About the Alcohol ‘Proof’ System Most people know the basics of how the proof system works with alcohol: proof is, of course, a number that represents double alcohol by volume (ABV) inside the bottle listed. But what you might not know is the history of the proof system or some of its most noteworthy facts.
- Here’s all the info you’ll need to talk about the proof system at your next cocktail party like a boozy historian: The history of the proof system is all about gunpowder You have to go all the way back to the old wooden ships of the 18 th century to find the origins of “proof” in alcohol.
- As the story goes, soldiers in the British Royal Navy would apply rum to their gunpowder to test its strength.
If the weapon still fired, they had “proof” that the rum was strong enough. Also, proof that it would burn the ship down if lit.100 proof is the fire What those old soldiers might have been testing for, had they known it at the time, was bottled alcohol served at 50 percent strength or more.
Any alcohol listed above 100 proof – 50 percent ABV – is straight up flammable and would therefore not hinder the ability of gunpowder to fire. Even though it’s always been about fire, it’s also about taxes (of course) Today, proof is more about labeling alcohol content in liquors for consumer safety and for taxable purposes.
The proof system – that whole double alcohol content rule – was established in 1848, when the government declared (arbitrarily) that any bottle with 50 percent alcohol would be defined as “100 proof” for taxation. The taxes for other alcohols – those more or less than 100 proof – would be taxed accordingly based on their relationship to this proof baseline.
Elsewhere in the world, no more proof The scale used to be different in the U.K., where “proof” was equal to about 1.821 times the ABV. Which made proof numbers different in the U.K than in the U.S., and surely lead to several confused and drunken individuals traveling abroad. Today though, proof in the EU, the UK, and Canada have all gone the way of ABV, and as per the usual, the U.S.
stands alone with a strange and arbitrary measurement system (see feet, pounds, et al). Proof isn’t actually required on the label anymore That last bit isn’t actually totally true; yes, the U.S. permits the listing of proof on the label of alcohol, but it doesn’t actually require it.
The Alcohol and Tobacco Tax and Trade Bureau actually only requires ABV, but proof is pretty much always listed, because of tradition. You’ll notice, beer and wine don’t use proof “Excuse me, waiter? What proof is this beer; eight or nine?” said no one, ever. While they wouldn’t actually be totally wrong to ask – any alcohol can be talked about in terms of proof – the fact is, beer, wine, and other low-alcohol beverages usually aren’t defined by their proof.
The use of proof in relation to ABV is an honor reserved mostly for liquors above 40 proof in strength.40 proof is the low end of ABV that can still fit the definition for brandy, gin, vodka, rum, and whiskey. Some of the lowest proof liquors? Flavored rum like Malibu (42 proof), flavored vodkas (~ 70 proof) and flavored whiskeys like Fireball (66 proof) are all much weaker than their full-bodied peers, which must be bottled no lower than 80 proof.
On the other hand, you could varnish a table with this Polish vodka Straight up liquor can go as low as 80 proof, before becoming “flavored”. But it can also go as high as 192 proof before becoming “rocket fuel.” The absolute strongest bottle of alcohol you can legally buy and then drink in the United States is Spirytus vodka, the Polish vodka weighs in at 96 percent alcohol (192 proof), stronger by just a bit than Everclear’s 190 proof labeling.
No matter what proof is on your label, always drink responsibly. And do so with the knowledge that while the proof system is totally voluntary at this point, and largely obscure outside of the United States, it’s still something we put on our bottles to remind us that we once tested our hooch with gunpowder like real patriots, taxed our alcohol based on its strength and that we still don’t use the metric system.
Why do Moonshiners shake the jar?
The experienced, old school moonshiners are able to tell the proof of their moonshine by simply shaking the mason jar and observing the bubbles. If the moonshine has large bubbles that dissolve quickly it indicates the moonshine has a high alcohol content.
Did any of the Moonshiners go to jail?
Jeff and Lance aren’t the only ‘Moonshiners’ who had trouble with the authorities. – Jeff and Lance are far from the only Moonshiners cast members who disappeared from the public view. According to Screen Rant, Popcorn Sutton was arrested in the spring of 2008, after openly admitting to his illegal business activity while in conversation with an undercover officer.
The legendary moonshiner was sentenced to jail in January 2009. He committed suicide a few days before his 18-months-long prison sentence would have begun. Article continues below advertisement Other cast members to get into trouble include Steven Ray Tickle, a moonshiner who got arrested several times; Josh Owens, who lost his trailer in a fire; and Chico, who was allegedly arrested for DUI in 2015.
There was another recent rumor that Eric “Digger” Manes was arrested, however, he’s so far avoided serious confrontation with police. But he, and likely the other moonshiners that take part in the series, understand that there’s a risk that, any day, they could get caught.
How much of Moonshiners is staged?
What is Moonshiners TV Show? – Source: @markanddigger Moonshiners is an American documentary and drama television show that began airing on the Discovery Channel in 2011. Moonshiners is centered around characters making illegal moonshine in various parts of the United States, including Virginia, South Carolina, Tennessee, North Carolina, and the Appalachian Mountains in Kentucky.
- The main actors of the show who have made appearances since day one are Tim Smith and Tickle; both are moonshiners.
- Marvin “Popcorn” Sutton is perhaps the most famous moonshiner in the world who was only featured in the show’s first season.
- However, it is essential to note that the footage wasn’t made for the show.
Marvin Sutton, albeit a famous moonshiner and worth surprise guest on the show, wasn’t around when the show got filmed. The Moonshiners team bought the footage from the documentary it was meant for – This is the Last Dam Run of Likker I’ll Ever Make (The Last One).
- Tim Smith remains the main man of the show.
- He continues to campaign to accept the moonshine practices by showing its authenticity and rich tradition.
- He hopes to encourage more people to see the value of his team by rooting for a multi-generation moonshining family that continues to escape the arms of the Law.
Moonshiners is produced by a production company called Magilla Entertainment. Magilla is the same producer of other similar reality TV shows like Submissive Wives’ Guide to Marriage, King of Thrones, Militia Rising, and America’s Worst Tattoos. As a reality TV Show, you can expect that most of what is depicted happens in real life.
The equipment they use is the same type of equipment real moonshiners would use. Moreover, the evading tactics they employ to escape from law enforcement may as well be what real moonshiners do. However, it can be hard to determine whether the moonshine they make is real or fake; it could as well be water.
So, how do we determine if the show is fake or real? Check out one of the episodes:
Why do moonshiners throw out the head?
Why is Methanol A Concern for Distillers? – If wine contains methanol but doesn’t pose a risk of methanol poisoning then why is it potentially dangerous to drink once distilled? The difference is that the methanol concentration in, say, 5 gallons of wine, is evenly distributed among the 5 gallons.
For someone to ingest a potentially dangerous amount they would need to ingest more than 5 gallons.or 28 bottles! During the distillation process methanol is concentrated at the start of the production run because it has a lower boiling point than ethanol and water. The boiling point of methanol is approximately 148 degrees farenheit, which is quite a bit lower than ethanol (the good stuff).
This means that methanol (148F boiling temp) will start to boil before the ethanol (174F boiling temp). This is why commercial distillers always throw out the first bit of shine they produce from each production run (more on this below). Here are a few examples of the dangers of methanol :
If 5 gallons of wine containing the abovementioned concentration of methanol (329mg/L) were distilled, there could be as much as 8 mL of methyl alcohol in the first jar – a potentially dangerous amount. Scale this up to a 100 gallon batch, distilled all at the same time in a large still, and a commercial distiller could potentially have a very big problem if the methanol was not discarded. Distilling 100 gallons of wine containing 329 mg/L of methanol could result in the concentration of 40ml of methanol, which could be fatal if someone drank it all at once.
Why doesn’t moonshine give you a hangover?
– A spirits manufacturer produces congeners during the fermentation or distillation process. During this process, a spirits producer will convert sugars into alcohol using different strains of yeasts. The yeasts convert sugars to ethyl alcohol, also known as ethanol.
- But ethanol isn’t the only byproduct of the fermentation process.
- Congeners are there, too.
- The amount of congeners the manufacturer produces can depend upon the original sugar, or carbohydrate, sources used to make alcohol.
- Examples include cereal grains for beer or grapes for wine.
- Researchers currently think congeners can give beverages a certain taste and flavor.
Some manufacturers even test for the amount of congeners to make sure their product has a consistent taste profile. Examples of congeners the distillation process makes include:
acids alcohols, such as isobutylene alcohol, which smells sweetaldehydes, such as acetaldehyde, which often has a fruity smell present in bourbons and rums estersketones
The amount of congeners present in alcohol can vary. As a general rule, the more distilled a spirit is, the lower the congeners. This is why some people may find that “top shelf” liquors that are highly distilled don’t give them a hangover as much as a lower-priced alternative.
What does methanol taste like?
Methanol Methanol is a widely used industrial solvent also found in some household chemicals. Symptoms of Methanol Poisoning: Upset stomach, dizziness, vision problems. Symptoms reappear six to 30 hours later with greater severity. Methanol is a clear, colourless liquid with a faint odor like alcohol.
- The smell is not very strong and is considered a poor indicator of vapor concentration.
- You might also know methanol as methyl alcohol, methyl hydrate, carbinol, wood alcohol or wood spirit.
- Methanol is used as a solvent for lacquers, paints, varnishes, cements, inks, dyes, plastics and various industrial coatings.
It is also used in the production of pharmaceuticals, formaldehyde and other chemical products. Methanol appears as an ingredient in many products, from industrial solvents to windshield-washer fluid and nail-polish remover. It is also used as a fuel. Inhalation of methanol vapor is the most common route of occupational exposure.
- Poisonings have also resulted from absorption through the skin; although it is only a mild skin irritant, it can be absorbed through the skin in toxic amounts.
- Accidental swallowing is also possible.
- Methanol tastes and smells much like common alcohol (ethanol) and has been used as a substitute in illegal alcoholic beverages.
In March 1997, three people died in northern Ontario as a result of methanol poisoning from a bad batch of moonshine.
How many beers is one shot of moonshine?
How many shots are equivalent to one beer? – The general rule is that one 12-ounce (354-ml) beer with 5% ABV equals one shot of 40% ABV liquor.
Can you accidentally make methanol?
How is Methanol Produced? Methanol is found naturally in certain fruits and vegetables. It may also be produced as an unintended byproduct during the fermentation process.
Is methanol blindness permanent?
Cause – Methanol has a moderate to high toxicity in humans. As little as 10 mL of pure methanol when drunk is metabolized into formic acid, which can cause permanent blindness by destruction of the optic nerve,15 mL is potentially fatal, although the median lethal dose is typically 100 mL (3.4 fl oz) (i.e.1–2 mL/kg body weight of pure methanol ).
Can you make your own moonshine?
Where in the World is Moonshining Legal? – via GIPHY Fortunately, making moonshine is not illegal all over the world. New Zealand was the first country to make distilling moonshine for personal consumption legal in 1996. In 1997 Russia reduced the penalty for making moonshine from a criminal offense to a misdemeanor.
- As of 2002, it is no longer even considered a misdemeanor.
- However, it seems the good old United States of America is holding strong onto its moonshining laws.
- It is important to remember that the prohibition of moonshine is a tax law, which means that making moonshine legal would mean a loss of tax revenue.
The U.S. government has 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. Check out 7 Things to Look for in a Still Making moonshine in the United States is tricky.
Can you make real moonshine?
A GUIDE TO MAKING MOONSHINE – Moonshine is one of the most famous spirits in the U.S. and it has a very long history. Moonshine is especially popular with home and craft distillers and, when made properly, it can be one of the smoothest and most potent liquors available.
- Americans have been making moonshine for centuries, and moonshine purists continue to perfect this exceptional drink.
- Moonshine is a variant of whiskey, which is distilled from corn mash.
- When made properly, it is completely clear and very potent.
- Distillation is the only way to make moonshine, and distillation in pot stills is the most popular method.
Distillation occurs when the corn mash—with appropriate amounts of sugar and yeast to cause fermentation—is heated in a large tank or pot. Vapors rise from the heated mixture into the condenser, where they are then cooled into a purified liquid. This liquid is the ethanol, which gives moonshine its powerful trademark zing.
The corn mash consistency will affect the production of ethanol, so adjusting the yeast, corn and sugar in the mixture will make a difference in the moonshine produced. Different times and temperature also make a difference; the first liquid distilled can be toxic and should be discarded. To learn more about how to make moonshine and moonshine recipes, see our books, how-tos, videos and other resources online.
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What is the risk of drinking homemade moonshine?
Methanol Risks – While the flammability of the moonshine distillation process is dangerous in and of itself, the health effects of moonshine-methanol consumption pose an even bigger threat. More people have died from drinking moonshine than by any explosions at stills, despite the few old and handmade stills that are left.
- A major risk of drinking moonshine is methanol blindness.
- Detecting methanol upon the first step is impossible, and consuming more of it will simply get the person drunker.
- However, it’s eventually metabolized as its toxic metabolite, formic acid, in the body, which can have an extremely harmful effect.
Just 10 milliliters (ml) of methanol is all it takes to cause permanent optic and partial nerve damage, if not complete blindness. As little as 30 ml of methanol is lethal, and, for reference, a standard shot glass in the U.S. holds 40 ml. Old stills use car radiators during the distilling process, which often contain lead soldering and remnants of antifreeze glycol products that could contaminate and add toxins to the moonshine.
- Larger batches of moonshine are more likely to contain methanol.
- Because methanol is vaporized or evaporated at a lower temperature than alcohol, the first liquid produced by the distillation process usually contains methanol.
- While moonshiners have adopted new ways to discard methanol, some moonshiners will actually add it back into the batch to make the drink more potent.
However, because these processes aren’t regulated, there’s no way of knowing whether the illicit alcohol actually contains any methanol.
How hard is it to make your own moonshine?
How to Make Moonshine Without a Still? – Technically, moonshine is a homemade, unaged high proof grain alcohol, typically around 190 proof. The process to make moonshine from scratch, starting with a corn mash to distilling is quite difficult and illegal without a license.
- There’s no need to go through this complicated process (with uncertain results) when we can legally buy 190 proof grain alcohol.
- A high proof alcohol is essentially the base for aged and flavored liquors such as whisky and vodka.
- To make moonshine easy, we simply start with a high proof, quality base alcohol.
I typically use the brands Everclear, Mohawk or Nikolai and all of these are readily available in liquor stores. The process is essentially the same for most fruit flavored moonshine recipes. You might want to check out our hugely popular Apple Pie Moonshine recipe too.