Used bottles -- this is ridiculous

[jswordy]

I live in Tennessee but work in Alabama. Couple days ago I put out an inquiry online to Alabama for used bottles from restaurants. Today, I have been told in a reply from a restaurant owner not to bother! It is illegal in Alabama for a bar or restaurant to give anyone their empties of any kind, and they are legally required to smash the bottles when disposing of them, or they could face closure or heavy fines.

I sought help from Alabama cuz that's where the big city is. Guess I'll try the Tennessee side and see if I can collect enough from a small town instead. Unless I find out it is illegal there, too! Geez.

What are the rules where you live?

 

[g8keeper]

I live in Tennessee but work in Alabama. Couple days ago I put out an inquiry online to Alabama for used bottles from restaurants. Today, I have been told in a reply from a restaurant owner not to bother! It is illegal in Alabama for a bar or restaurant to give anyone their empties of any kind, and they are legally required to smash the bottles when disposing of them, or they could face closure or heavy fines.

I sought help from Alabama cuz that's where the big city is. Guess I'll try the Tennessee side and see if I can collect enough from a small town instead. Unless I find out it is illegal there, too! Geez.

What are the rules where you live?

that is messed up for sure....i don't think there are any laws against it here....they must not realize that by you taking them, you are actually helping the environment by recycling, not that i am a "green" person, but i am just saying that by recycling their empties, it's more "trash" you are helping to keep out of the landfills....what a crock, and what a waste...

 

[grapeman]

It is illegal for a winery to reuse bottles, but I know of no law that requires them to be smashed. Many restaurants around the country will give them to home winemakers.

 

[robie]

Sounds like a desperate attempt to subdue the producing of any kind of home made alcoholic drink, even wine. If I remember, it is, or at least used to be illegal to make your own wine at home in that state.

 

[g8keeper]

Sounds like a desperate attempt to subdue the producing of any kind of home made alcoholic drink, even wine. If I remember, it is, or at least used to be illegal to make your own wine at home in that state.

well until about the mid 70's, it was illegal in every state....that was until carter signed the bill making it legal.....

 

[jswordy]

I'm not a winery, I'm a hobbyist. If I were a winery I would not even think of used bottles for the product.

In Alabama and many other Southern states, wine and liquor are considered cousins the same way wine and beer are considered cousins in other states. The wine/beer connection is the more relaxed. Wine/liquor states are tougher.

The bottle smashing law is supposedly to prevent liquor bottles from being refilled with cheap booze for sale by the shot or drink as the high-priced stuff. Since wine is liquor's cousin here, wine bottles are also covered. But not beer bottles.

The state ABC checks all wine and liquor in AND OUT of any bar, etc., to make sure what you say you buy is what is served. They keep tabs on smashed bottles, too. If the in and out tally does not balance, you get fined or closed. If you do not smash your bottles, you get fined or closed. That is what I have been told by the owner of a big place here.

You are correct Robie, it is illegal to homebrew or make wine as a hobby in Alabama. Not enforced much.

 

[Runningwolf]

Just for the Heck of it ask around to other establisments and see if they say the same thing. That smashing bit may be a company policy and the employee thinks it's state law. I never heard of that before and thinks it's a bit much. Wht would a state put employees in a dangerous position of smashing bottles. I believe you and that you were told this, I just have my doubts. If it is true, I think it's BS as I just mentioned, what about the dangers and mess of broken glass and shards.

 

[ibglowin]

Man that is wack for sure.......

 

[Jonjunk]

A tip on getting used bottles.
We have a community "Festival of the Vine" as an annual event.
A visit late in the day and a few friendly words to the people at the tasting tables gets us all the empties we can haul away.We've even had them load cases of them onto our truck.

 

[Wade E]

Wow, that really blows for you!!! I have wineries save me bottles around here or just give them to me if I sho up and ask them.

 

[Runningwolf]

Thats what I do also Wade. I usually have a minimum of 50 cases ready to go and right now I even have about 25 cases of ice wine bottles.

 

[Rocky]

well until about the mid 70's, it was illegal in every state....that was until carter signed the bill making it legal.....

Ken, I think you may have this wrong. My understanding is that the Volstead Act (18th Amendment) prohibited the manufacture of all alcoholic beverages. Then shortly after it went into effect, it was amended to allow home wine making of up to 200 gallons per year per household. The 21st Amendment repealed Prohibition and made wine making fully legal. What Carter did in 1978 was make beer making at home tax exempt. I am sure that the Statute of Limiations has run out on my family, but I don't ever remember paying any taxes on making wine.

Whether residents are allowed to make wine at home is up to the individual states and Alabama, Utah and Idaho have the most restrictive laws.

 

[g8keeper]

Ken, I think you may have this wrong. My understanding is that the Volstead Act (18th Amendment) prohibited the manufacture of all alcoholic beverages. Then shortly after it went into effect, it was amended to allow home wine making of up to 200 gallons per year per household. The 21st Amendment repealed Prohibition and made wine making fully legal. What Carter did in 1978 was make beer making at home tax exempt. I am sure that the Statute of Limiations has run out on my family, but I don't ever remember paying any taxes on making wine.

Whether residents are allowed to make wine at home is up to the individual states and Alabama, Utah and Idaho have the most restrictive laws.

ok....actually we are both right...wine making was legal all along after prohibition was repealed, but beer making at home was not, that is of course til 1979....it wasn't that he just made it "tax exempt"....he actually did legalize it...and as for the prohibition of of homebrewing in the afore mentioned states, the law actually exists to stop the, production of, "hard liquor" at home, but because the laws are so vague, and unclear, they are open wide to interpretation, and therefore home wine and beer making unfortuinately are often included...

 

[dangerdave]

Home wine making is protected by the US Constitution. Up to 200 gallons a year!

 

[jswordy]

In Alabama, the applicable law governing illegal manufacture of alcoholic beverages is Ala. Code 28-1-1, and it does NOT make exception for homemade beer or wine, so all home fermentation of alcoholic beverages is illegal in the state. Under U.S. law, the states can regulate themselves if they so choose when it comes to the production of alcohol.

The person I was speaking with about destruction of bottles owns the 3 largest bars/restaurants in the area. He categorically said he would not save wine bottles for me, nor would he allow employees to do so, and that any businessowner who did so was running a huge risk of being shut down.

I pointed out that one biz was actually advertising used bottles on CL (they are screw top, so I can't use them...they want 50 cents each!). He said if the Ala. ABC finds that out, they will be fined and could be closed. State law does not even allow them to save empties on their premises.

Oh well, I will look elsewhere. I actually live in Tennessee, on the border, so I will see if I can get a place there to save me some.

 

[g8keeper]

dave, jswordy is correct....you are also correct that it is protected by the federal government, BUT, the states, individually, have the right to intervene, and nullify that right if they deem it suitable to do so....but like i stated earlier, js, the law doesn't "directly" ban wine and beer making....it was done to actually ban the "refining", so to speak of alcoholic beverages, since this site will not allow a certain term, but because the law IS so broad, and general, it winds up banning wine and beer production at home...

 

[jswordy]

Guy I'm talking to tells me in an email this morning that he had just recently been fined $500 because one of the bartenders didn't break the neck off of ONE yager bottle when he threw it in the trash.

The states can regulate their own citizens when it comes to production of alcohol. That's why we have a patchwork in which I can't write certain words on this site or discuss certain things because of where the server is located. I have already long ago had this discussion with an AL state trooper on homebrew and winemaking. His reply to every question: "It's illegal." No exceptions.

 

[almargita]

Glad I don't live anywhere near Alabama!!

AL

 

[g8keeper]

Guy I'm talking to tells me in an email this morning that he had just recently been fined $500 because one of the bartenders didn't break the neck off of ONE yager bottle when he threw it in the trash.

The states can regulate their own citizens when it comes to production of alcohol. That's why we have a patchwork in which I can't write certain words on this site or discuss certain things because of where the server is located. I have already long ago had this discussion with an AL state trooper on homebrew and winemaking. His reply to every question: "It's illegal." No exceptions.

js, i'm not doubting you....i agree with you that alabama outlaws it....lol...i'm just saying they can do it because the law is so vaguely written is all....yes, they are prohibiting the home production of all alcoholic beverages....granted, i agree it's a load of crap, but unfortunately you can't fight city hall....lol....just be thankful you don't live there, just close to the border....lol..

 

[Minnesotamaker]

So does this mean that when you make wine at home, you'll have to break your own bottles afterwards?