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Offline sssjrcowboys  
#141 Posted : Thursday, March 13, 2014 7:17:35 AM(UTC)
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if this is the case how can you apply for an AFP and place the Sn of the unit on the paper work when it is illegal to own one if you don't have the permit yet.
Offline John Barleycorn  
#142 Posted : Thursday, March 13, 2014 7:32:43 AM(UTC)
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"I posted the following on another forum yesterday as we were discussing the same issue:

Quote:
26 U.S. Code § 5601(a)(6) - Criminal penalties - Distilling on prohibited premises, is the catch-all (emphasis added):
Quote:

(a) Any person who"”
...
(6) Distilling on prohibited premises
uses, or possesses with intent to use, any still, boiler, or other utensil for the purpose of producing distilled spirits, or aids or assists therein, or causes or procures the same to be done, in any dwelling house, or in any shed, yard, or inclosure connected with such dwelling house (except as authorized under section 5178 (a)(1)(C)), or on board any vessel or boat, or on any premises where beer or wine is made or produced, or where liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under section 5178 (b));
...
shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense.


So you don't have to be caught ""in the act."" There is more than ample wiggle-room in the regulations to justify an arrest (and potential conviction) if you have a wash going and a rig in your home, or shed, or garage, etc. Even if the still is not ""set up"" (""when it is in position over a furnace, or connected with a boiler so that heat may be applied, irrespective of whether a condenser is in position"") an accusation of ""intent"" is all that is required. If you happen to have a wash fermenting, then ""intent"" doesn't even come in to the picture ... it's already assumed.

Once you put your boiler on a heat source, regardless of whether you have anything to put in it, your still better be registered. If it's not, then you're in violation of 26 USC § 5601:

Quote:
(a) Offenses
Any person who"”
(1) Unregistered stills
has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179 (a);
...
shall be fined not more than $10,000, or imprisoned not more than 5 years, or both, for each such offense.



If you don't have the rig ""set up,"" and you don't have anything fermenting, and you don't have any hooch aging, and you don't have any fermenting equipment, then you're probably in decent shape to avoid a conviction. But if you have a still and a few fermenting buckets that's probably enough to establish intent.

I'm not trying to be argumentative here, just realistic. Don't fool yourself into thinking that you have to be caught in the act to wind up in trouble.


So I believe yes, it's legal to own a still. But it can't be ""set up"" (unless it's registered) and you better not have anything on the premises that could establish any suspicion that you indend to use it. Otherwise, the storm troopers can haul you away to the reeducation camp and make an argument that you've broken the law."
Offline Alli  
#143 Posted : Thursday, March 13, 2014 7:53:21 AM(UTC)
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sssjrcowboys,

When I applied for my AFP last summer I didn't put a serial number on the application because there was not one on it when I got it from MileHi. A very nice lady from the TTB in Cincinnati called me on my cell phone to say that she needed a serial number. When I explained that there was none on it, her response was to make one up and put it on the still, which I did. My experience has been that the administrative people at the TTB are super nice folks just doing their jobs. Your question is which came first, the chicken or the egg. I know the rules seem to conflict, which they do, but you can't very well apply for the permit without a still. If you want to talk more, email me at tomcowdrey
yahoo.com.
Offline RCRed  
#144 Posted : Thursday, March 13, 2014 11:52:35 AM(UTC)
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My Experience with the TTB was similar to Alli's. They were very nice, they asked a number of questions, wanted a better version of the drivers license image emailed to them, and then took the time to explain the reason for the lengthy delay (7 months for a reply).

About a month or so later, I got my permit. Now, I will tell you I did not do anything until I got that permit. And, it's not a permit to go hog wild either, so please don't get that impression. JB had illuminated the statute last year when the notice came out that the TTB was requesting the lists of ownership and I took heed.
Offline Bayou-Ruler  
#145 Posted : Thursday, March 13, 2014 3:22:35 PM(UTC)
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"Well.......

§19.674 TTB action on small plant applications.

(b) Action on application. Within 45 days from the date that the appropriate TTB officer sent the applicant a notice of receipt of a completed application for a small plant permit, the appropriate TTB officer will either issue the permit or give notice in writing to the applicant stating in detail the reason that a permit will not be issued. Denial of an application will not prejudice any later application for a permit by the same applicant.

(d) Presumption of approval. If, within 45 days from the date of the notice to the applicant of receipt of a completed application for a small plant permit, the appropriate TTB officer has not notified the applicant of issuance of the permit or denial of the application, the application will be deemed approved and the applicant may proceed as if a permit had been issued."
Bayou Ethanol
AFP-LA-15027
www.bayouethanol.com
Offline RCRed  
#146 Posted : Thursday, March 13, 2014 7:13:38 PM(UTC)
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Thanks Bayou.. Domestic Mgmt had something to say too - insisting I wait till I had permit in hand.... I'm more afraid of her than the TTB...
Offline johnnyapplepie  
#147 Posted : Friday, March 14, 2014 3:12:24 AM(UTC)
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Offline admin  
#148 Posted : Friday, March 14, 2014 3:17:34 AM(UTC)
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The first two are in Mississippi, not Missouri (MO is where it appears that distilling is legal state-wise). The latter are sell operations, and few here would be supportive of that. We are trying to get hobby distilling legalized, not illegal sell operations.
Offline RCRed  
#149 Posted : Friday, March 14, 2014 4:42:05 AM(UTC)
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It has been said that outlaws care not a whit, and I agree with that. But at the same time I will also proffer for consideration that lots of folks are out of work in America.. They have no way to make coin and thus they make and sell alcohol - I am not condoning this. I am just trying to point out that we may be seeing more busts all over because folks are resorting to any way they can to make money and, getting caught.
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#150 Posted : Monday, March 17, 2014 8:33:17 AM(UTC)
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Originally Posted by: sssjrcowboys Go to Quoted Post
if this is the case how can you apply for an AFP and place the Sn of the unit on the paper work when it is illegal to own one if you don't have the permit yet.


Owning a still is not illegal. If that were the case, then there wouldn't be websites up all over the place that sells distilling equipment as well as actual stills. If you don't have a still when you apply for the federal permit, they recomend that you use the following serial number on your application: 001. Then after your permit goes through and you buy a distilling tower, they recomend that you create an amendment and put the serial number on the amended license application. That's what I had to do and it took them 2 months to re-approve it. The TTB is extremely easy to deal with and are very understanding. They also know that trying to prevent home distilling is a losing battle. That's why it's easier to get an AFP today than it was years ago.

Originally Posted by: Alli Go to Quoted Post
sssjrcowboys,

When I applied for my AFP last summer I didn't put a serial number on the application because there was not one on it when I got it from MileHi. A very nice lady from the TTB in Cincinnati called me on my cell phone to say that she needed a serial number. When I explained that there was none on it, her response was to make one up and put it on the still, which I did. My experience has been that the administrative people at the TTB are super nice folks just doing their jobs. Your question is which came first, the chicken or the egg. I know the rules seem to conflict, which they do, but you can't very well apply for the permit without a still. If you want to talk more, email me at tomcowdrey
yahoo.com.


Look at the bottom of your tower next to the flange. You might need a magnifying glass to see it, but it's there. It's engraved right next to the flange. It'll say SS304 and what size tower you have right above the actual serial number. But yeah the TTB was extremely helpful especially when it came to the online application. They talked me through the application basicallly. Brewhaus' serial numbers are much easier to find. They weld on a plate towards the top of the tower.

Originally Posted by: RCRed Go to Quoted Post
My Experience with the TTB was similar to Alli's. They were very nice, they asked a number of questions, wanted a better version of the drivers license image emailed to them, and then took the time to explain the reason for the lengthy delay (7 months for a reply).

About a month or so later, I got my permit. Now, I will tell you I did not do anything until I got that permit. And, it's not a permit to go hog wild either, so please don't get that impression. JB had illuminated the statute last year when the notice came out that the TTB was requesting the lists of ownership and I took heed.


I remembered what I did differently on the online app. I manually typed in "N/A under the bond information. But yeah, they were extremely nice and they did ask me not to do anything just yet until the license is approved which I had no problem doing considering how much work is involved. They also asked me not to do anything until my amendment was approved which took 2 months.

Originally Posted by: Admin Go to Quoted Post
The first two are in Mississippi, not Missouri (MO is where it appears that distilling is legal state-wise). The latter are sell operations, and few here would be supportive of that. We are trying to get hobby distilling legalized, not illegal sell operations.


Yep. If I wanted to sell what I make, I'd go about it the right way and the VABC would be my only customer.

Originally Posted by: RCRed Go to Quoted Post
It has been said that outlaws care not a whit, and I agree with that. But at the same time I will also proffer for consideration that lots of folks are out of work in America.. They have no way to make coin and thus they make and sell alcohol - I am not condoning this. I am just trying to point out that we may be seeing more busts all over because folks are resorting to any way they can to make money and, getting caught.


Usually the ones that get caught are the ones that don't really care or pay attention to the details as to what they're doing. Alli and I both have already been talking to our ABC agents about getting the state license. They've all but told both of us that they are not going to waste the tax payer's money going after someone that makes roughly around 10 gallons or less per month and doesn't sell what they make because for every person they catch, there's at least 10 more to take their place.
Offline FLBOY  
#151 Posted : Monday, June 16, 2014 6:09:15 AM(UTC)
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I received a letter from the Department of the Treasury today. NOTICE OF POTENTIAL CIVIL AND CRIMINAL LIABILITY. It has come to the TTB's attention that you may have purchased a still capable of producing alcohol ...

Also a copy of press release dated 3/7/14 relating to the Florida raids.
Offline dieselduo  
#152 Posted : Monday, June 16, 2014 6:40:02 AM(UTC)
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how are you going to handle this ?
Offline admin  
#153 Posted : Monday, June 16, 2014 6:44:22 AM(UTC)
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Is this also isolated to FL, or is this more widespread? If possible I would like to get a copy of the letter to forward to the HDA's lobbyist.
Offline FLBOY  
#154 Posted : Monday, June 16, 2014 8:18:17 AM(UTC)
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Rick, what is your email address.
Offline admin  
#155 Posted : Monday, June 16, 2014 8:27:53 AM(UTC)
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I have sent it to you by PM.
Offline Hokey  
#156 Posted : Monday, June 16, 2014 8:39:41 AM(UTC)
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I believe it is legal to own a still in some states for water etc. But not others. Maybe limited to those that it's illegal for any purpose? ?
Offline FLBOY  
#157 Posted : Monday, June 16, 2014 9:16:11 AM(UTC)
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DIESEL
I made the decision after the March raids that I had too much to loose if I had a problem. I have no equipment and no product. Apparently in Fl. it is illegal to have a still since they confiscated all those. Also poking around on the TTB site I found something that said it was illegal to have a still if there is anything that can be distilled, even if there is no product to be found. I am a wine maker and always have around 40 gallons in one form or another. I also knew they had my name and address. So I am out of it. Let them come if they want to.
Offline dieselduo  
#158 Posted : Monday, June 16, 2014 9:22:51 AM(UTC)
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hopefully one day it will be legalized so you can get back in
Offline admin  
#159 Posted : Monday, June 16, 2014 9:29:33 AM(UTC)
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FLBOY- I hope that you will re-enter the hobby once it is legalized- AND WE WILL SUCCEED! For our part, once this is legalized we are talking about offering a special price for anyone who had their still confiscated, or otherwise got rid of it because of the TTB issues.
Offline zoggins  
#160 Posted : Monday, June 16, 2014 1:39:18 PM(UTC)
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I got the same letter today. I am in Washington state.
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