In-House Liquor Laws

In recent years, home brewing has seen increasing popularity in main stream society. From a basic introductory brewing kit to a miniature craft brew empire, home brewing can be personalized to meet the needs and abilities of an occasional brewer or seasoned brewmaster. This post is a compilation of what I feel are some interesting Federal and Ohio Laws affecting the alcohol you buy, brew, and consume.

On a Federal level, 27 CFR 25.205 provides that any adult (21 years old in Ohio) may engage in home brewing and may brew up to 100 gallons (12,800 ounces) per calendar year without incurring any tax liability. In the event that there are two or more adults living in the household, the household may produce 200 gallons per calendar year. Partnerships, corporations, and other associations are treated differently than a household, so caution may be necessary depending on your situation. Finally, federal law provides that an individual’s right to produce beer is dependent on the legal status of home brewing in their state.

A review of the Ohio Revised Code, suggests that home brewing (for personal consumption) is exempted from compliance with the liquor laws. While there is no specific provision allowing or prohibiting personal-use home brewing, R.C. 4301.58(A) states that no person shall “manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor” unless they hold an A permit or serve in an enumerate relationship with an A permit holder. The implication is that personal-use brewing does not require a permit because it is not offered for sale.

The State of Ohio places limitations on strength or alcohol by volume (ABV) of beverages sold. According to R.C. 4301.01, the various types of alcohol sold in Ohio are subject to the following limitations:

(B)(2) Beer: ABV must be between .5% and 12%.
(B)(3) Wine: ABV must be between .5% and 21%.
(B)(4) Mixed Beverages: ABV must be between .5% and 21%.
(B)(5) Spirituous Liquor: any beverage with an ABV in excess of 21%.

The clear implication is that no beer may be sold in Ohio with an ABV in excess of 12%, so you may want to organize a road trip if you are looking for a truly mythological pint (or growler if you are so inclined.) Additionally, the Ohio Administrative Code (4301:1-1-23) provides a mechanism for Ohio residents to obtain consent to import alcoholic beverages for personal use, so long as the beverages are not registered for sale in Ohio. It is unclear whether a home brewer is permitted to brew beer with an ABV in excess of 12%, but if the liquor control laws only apply to beer for sale, you may truly be the master of your own brews.

Please remember to brew, store, and enjoy your adult beverages responsibly.

Converting your residence into a rental property

In a strong buyer’s market, the decision to sell can be a costly one. Selling can cause homeowners to realize losses in equity or in some cases can even require them to bring money to the closing table. So what can you do if you need to move but can’t afford to sell your house? Is renting a viable option? What are the pitfalls that can magnify an already complicated situation?
Some of the biggest issues faced by homeowners who convert their house to a rental property are contained in their mortgage. The primary thing that homeowners need to understand is that a mortgage is nothing more than a loan that is collateralized by the value of their home. For this reason, the terms of most mortgages prohibit homeowners from engaging in conduct that could jeopardize the value of the property. To this end, some mortgages require that the property be owner occupied or at a minimum that the lender has the right to screen potential tenants to ensure that their collateral is in good hands. Before attempting to rent out your home, you should, at a minimum, read your mortgage to determine if it addresses your ability to do so.
Another issue in your mortgage deals with default and the ability of the lender to accelerate the entire principal balance. As with any landlord situation, there may be times where your renters fall behind in their payments or worse, your property sits vacant, so you should make sure that you have a few mortgage payments saved up so that you do not fall behind in your obligation.
Finally, you must pay attention to details to ensure that your lease is well drafted, your tenant screening procedures are in compliance with state and federal law, and your property insurance policy is appropriate for a rental property. Among the many considerations in drafting your lease, you should be sure to provide for maintenance and upkeep, utilities, termination procedures, insurance, and occupancy restrictions (including pets).
With proper planning, renting your home can be an effective way of building your real estate portfolio or simply postponing sale until the market has rebounded. It is not however, something that should be taken lightly and inadequate planning can lead to devastating results.

Red Light Cameras

I remember when red light cameras were nothing more than a horrifying vision from the future. We would wake up in a cold-sweat, after a mechanized villain had robbed us blind for being a split second late at a yellow light, or having a speedometer that was a little off. Typically that nightmare ended with the harsh reality that someday, the training, experience, and judgment of a police officer would become obsolete.

In recent weeks, it has become apparent to me that we technology's intended purpose is not always realized in the human environment. Red light cameras are particularly frustrating to me. I find them to be distracting and feel that I am less safe at intersections regulated by them. As I drive around I see traffic lights that are set on timers, which in most cases allow drivers to catch green light after green light as they move from one end of town to the other. However, if you are like me, you typically catch a yellow at the first or second intersection and spend the next 8-10 blocks wondering if you need to speed up or slow down in order to safely navigate the 3-5 cameras that await ahead.

I have seen this scenario play out in three major ways. 1) people driving 5-10mph over the speed limit to catch-up to the green light pace; 2) people driving 5-10mph under the speed limit attempting force the light to turn red before they get there; or 3) continuing with their current pace and either stopping at a "green-yellow" or rolling the dice on a "yellow-red." And this doesn't even address the car that has been stopped in the intersection for 20 seconds that turns on red because an oncoming driver pressed his luck with a yellow-red.

The problem is that cameras are limited in what they see, and how they interpret those images. Cameras are incapable (at this point) of considering which type of driver is in front of or behind you. They do not know how oncoming traffic impacts your decision making, or any of the multiple considerations (lighting, weather, traffic pattern, etc.) that impact your driving decisions.

If the goal of these cameras is to prevent people from running red lights and causing fatal T-Bone accidents, perhaps we should get back to the basics. When your light turns green, look both ways for oncoming traffic and then proceed. A camera will not stop a distracted driver at 35-40mph, but alert driving will improve your safety while on the road.

Initial Blog Post

The primary purpose of this post is to check out the functionality of my new blog and to play with the interface. I intend to use this blog as an avenue for discussing general issues in Ohio as well as other issue that catch my attention.

In an effort to conform to societal norms, I will be drafting a disclaimer notifying readers that nothing on this blog should be construed to be legal advice, and that you should always seek the assistance of a legal professional (or other professional i.e. Tax, Accounting, Medical...etc) prior to making any personal decisions with regard to topics you have seen discussed on the Internet.