Sellin OH cans OK?

Discussion in 'New England' started by Homers_Beer_Odyssey, Feb 17, 2016.

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  1. Homers_Beer_Odyssey

    Homers_Beer_Odyssey Initiate (0) Jun 17, 2014 New York

    Rebelle is selling OH cans. Is that OK?
     
  2. NYCBeerNerd

    NYCBeerNerd Initiate (0) Feb 11, 2016 New York

    Yes, you are allowed to sell them! there is a lot of places that sell em.
     
  3. Kanger

    Kanger Initiate (0) Sep 3, 2013 New York

    It all depends if OH works with them directly - ie selling them cans with the expressed knowledge that the cans will be resold.


    It's only legal to sell them if the brewery knows they are selling them.

    Legally no retailer can go to a can release, buy cans, then resell them. In a nut shell:
    In the three-tier system, if an on-premise Retailer (bar) runs out of a certain beer, they can’t just go down the street and purchase bottles from an off-premise Retailer (bottle shop) and then sell that to their customers. Likewise, Retailers cannot go to breweries or brewpubs for bottle releases, buy bottles, and then sell them in their shops or bars. Retailers are required to make their purchase from a Wholesaler, not another Retailer and not directly from a Brewery. (unless there’s a legal exception!)*

    *There is legal exception in New York state that allows small breweries like OH to sell directly to retailers.
     
  4. berto714

    berto714 Initiate (0) Oct 16, 2014 New York

    I can't tell if this is a troll or what. As @Kanger explained you can't just wait in line at the brewery, buy beer, and resell it - legally, of course. Pretty sure you were an active participant in the conversation that was occurring in the OH thread on Saturday about this.
     
  5. NYCBeerNerd

    NYCBeerNerd Initiate (0) Feb 11, 2016 New York

    That makes it legal. i am sure OH is aware of who and where there products are being sold. Even if a bar owner/worker was to go down and get the cans on a release date, he wouldn't be able to buy more then the limit.. but OH is Distributing a limited amount of products to a limited amount of Re sellers.
     
  6. berto714

    berto714 Initiate (0) Oct 16, 2014 New York

    This hasn't always been the case though... Several places have sold unauthorized OH beer doing just what you describe - going to the release, buying beer, marking it up and reselling. At one point, OH actually called some places out on twitter I believe.
     
  7. NYCBeerNerd

    NYCBeerNerd Initiate (0) Feb 11, 2016 New York

    I am sorry i am not trying to cause a issue here. i was just saying what i know i am sorry if i have offended you in anyway.
     
  8. NYCBeerNerd

    NYCBeerNerd Initiate (0) Feb 11, 2016 New York

    [​IMG]

    This was in early 2015, and lots of things have seemed to changed now, then again i am not a expert on how OH handles its distribution or Union (There official Distributor)*

    https://www.unionbeerdist.com/portfolio/other-half-brewing
     
  9. Kanger

    Kanger Initiate (0) Sep 3, 2013 New York

    No it doesn't make it legal. The SLA will fine a retailer $10,000 and suspend their retail license if they are caught.

    As for limits - a retailer could send 5 employees to a release and stock up pretty good. So getting enough stock for a bar wouldn't be a huge issue. Especially when the bar can say it's "rare" and mark up the price.

    There very few places that OH allows to sell cans. So I'm guessing some random bar I've never heard of might be shady. But I could be wrong and this bar is one that OH has legally sold cans for resell. Having worked at OH for nearly all the cannings this year, I can say that they are very serious about who gets cans and who doesn't.
     
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  10. NYCBeerNerd

    NYCBeerNerd Initiate (0) Feb 11, 2016 New York

    Well that is true as well, if they sell cans without OH permissions things can get bad real quick. Thank you!

    Whats your name if your working next week i will say Hi
     
  11. Kanger

    Kanger Initiate (0) Sep 3, 2013 New York

    I'm Erik. But I don't work the tap room, I just help out with the cannings.
     
  12. BltByKrmn

    BltByKrmn Maven (1,349) Jan 16, 2013 New York

    Totally agree, I suspect shop employee.
     
  13. NYCBeerNerd

    NYCBeerNerd Initiate (0) Feb 11, 2016 New York

    FYI: its not a Shop its a Restaurant. So if you gonna accuse me of something at least get it right.
     
  14. JoshVelez

    JoshVelez Initiate (0) Mar 23, 2015 New York

    I think Union only distributes for OH outside of NYC. Other half doesn't travel north of 96 st. for deliveries
     
  15. Homers_Beer_Odyssey

    Homers_Beer_Odyssey Initiate (0) Jun 17, 2014 New York

    OP was because of brewhaha over BFFM OH can resell.
     
  16. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    To further elaborate, self-distribution has always been legal in NY State (as well as a number of other states) in the post-Repeal era, regardless of the size of the brewery. Today, Anheuser-Busch operates two NYC area licensed "wholly-owned distributorships", Anheuser-Busch Distr. Of New York INC and R. Ippolito Distributing on Staten Island.

    In the early 1960s, the largest NYC brewer, F. & M. Schaefer (#8 nationally, 3.7m barrelage when the deal started), not only self-distributed their own beer but also distributed Anheuser-Busch's Budweiser and Michelob in the NYC metro area.
    #2 in NY, Rheingold also self-distributed in the NY Metro region, as did many of the local breweries (P. Ballantine & Sons, in Newark, also operated their own NYC distributorship) - one of the reasons why the New York brewers' costs were so high, as well as why the infamous 1949 strike was so devastating to numerous NYC breweries.

    Not sure about today, but when I had a NY retailer license in the late 1970s, I used to buy beer off the dock at West End Brewing Co. (now F. X. Matt). Can't quite remember what I bought now - maybe a package that my local Matt/Utica Club distributor didn't carry (Utica Club Cream Ale in deposit long-necks, perhaps?) or, more likely, just for the ability to hang out for a time in the brewery.:grinning:
     
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  17. Kanger

    Kanger Initiate (0) Sep 3, 2013 New York

    Old school! I was just reading about the history of FX Matt last night. I didn't know they brewed Billy Beer!
     
  18. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    Yeah, one of four - the other being Falls City (the originator), Pearl and Cold Spring. So, 2 out of 4 are still in business (not bad considering that the majority of US brewers from that time are long closed) and Pearl's eventual owner, S&P Corp. later bought Pabst which is still "in business" though no longer brewing, having closed Pearl's San Antonio brewery in 2001 or so.

    Don't believe the mythology of Billy Beer tasting "bad" - in relationship to the other AAL's in the US at the time, which obviously dominated the market, it was no worse than most of the others and was better tasting than the "light beers" that were then about to take over the US industry. In fact, Kemper Matt felt the beer's sales problem in their marketing area was price (it was sold at "premium" prices in most markets - i.e., the same as Bud, Miller, Schlitz) not taste. For example, from a 1977 Missouri liquor store ad (so, probably brewed by Fall City):

    [​IMG]
     
    #18 jesskidden, Feb 18, 2016
    Last edited: Feb 18, 2016
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  19. Zonk

    Zonk Initiate (0) Dec 2, 2014 New Jersey

    Not to get too far off topic, but Rebelle got a Michelin star and has one of the top wine and spirits programs in the city, if not the country. One of the partners was named sommelier of the year by Food + Wine. Far from a random bar, and doesn't surprise me at all that they would be seeking out the top craft beers in the city.
     
  20. berto714

    berto714 Initiate (0) Oct 16, 2014 New York

    Yea I think this is probably what's going on with Rebelle. I've seen OH cans at similar-caliber restaurants - Marta had some El Dorado cans at one point. It's possible they asked for a few cases of AGE to stock in their restaurant.
     
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