The curious case of the non-pouring brewers

The Winter Warmer Fest was in full swing and volunteers bustled behind the booth, eagerly filling up each glass handed their way.

Meanwhile, there was Rocky River Brewing Co. brewer Jim Lieb standing off to the side. He couldn’t help pour if he wanted to — and he wanted to.

As weird as it sounds, it’s against Ohio law for a brewer to pour his own beer at a tasting event. It’s one of those quirky liquor laws that leave the average beer drinker scratching his head and even confuses the brewers.

"You brewed it," Lieb said. "Why can’t you pour your own beer?"

It turns out the answer lies in the state’s three-tier permit system, which is designed to separate manufacturers from distributors from retailers.

In the case of beer tastings, the permit-holder technically has purchased the beer. And because manufacturers aren’t allowed to provide any services for a retailer — even when that retailer is a nonprofit — brewers aren’t allowed to pour their own beer at the events.

"Manufacturers can’t come in and work for the retailer," said Matt Mullins, spokesman for the Ohio Division of Liquor Control.

The intent makes sense. But many beer drinkers and brewers think the law lacks common sense, especially when it comes to festivals and nonprofit tastings where people come for direct interaction with the brewers.

"That’s ridiculous," beer drinker Tom Vamosperci said at last month's Winter Warmer in Cleveland. "That’s as bad as the 12 percent limit here in Ohio. ... Bureaucracy, that’s all I can say. It’s a stupid law."

He’d rather be served directly by the brewer and be able to chat about the liquid and the brewery with someone knowledgeable, as opposed to a volunteer.

Nothing prevents brewers like Lieb from standing near their booths and chatting up beer drinkers — as long as they have ponied up $50 for a state solicitor’s license. If you don’t have that license, it’s against the law to even talk about your beer.

Now, anyone who has attended a beer tasting knows that brewers sometimes pour their own beers, although they aren’t supposed to.

But Gary Jones, chief of investigations and compliance with the Ohio Division of Liquor Control, reminded brewers about the pouring issue and solicitor’s requirement at the recent Ohio Craft Brewers Conference in Wooster.

Hoppin’ Frog Brewery representatives didn’t even attend the Winter Warmer or Akron Art Museum’s Art & Ale tasting because they were waiting for their solicitor’s licenses to be renewed.

Eric Bean, owner/brewer at Columbus Brewing Co. in Columbus and president of the Ohio Craft Brewers Association, would like to see the pouring law adjusted.

He said he understands the protections it provides. For example, what would stop a brewery from sending employees to pour beer at a grocery store or bar or restaurant?

But then there are events raising money for nonprofits. The Toledo Zoo, Montessori School of Dayton and Akron Art Museum are among those who hold beer tastings — and who’s really getting hurt if brewers pour at those events?

"There has to be some sort of balance because it’s a great marketing tool for us to be able to communicate directly with the consumer," Bean said.

But Jerome Welliver, owner of Black Box Brewing Co. in Westlake, is fine with not pouring beer. He stood in front of his booth at Winter Warmer chatting with beer drinkers.

"What we do, and it’s really simple, is have volunteers who know the beers," Welliver said. "What does it really matter who pours the beer. I’m still allowed to be here to talk about it."