Needing some Legal Advice - Hoping to sell some KC Royals Boulevard Beer bombers

[shammus]

Slightly off topic here -

So I'd like to sell these two Boulevard Beer Bombers each commemorating the KC Royals World Series appearance in 2014 and victory in 2015. I was going to list them on Facebook Marketplace, here in the Kansas City area, locally. That way, someone could come pick them up and I wouldn't have to ship them since shipping alcohol opens up an entirely separate can of worms!

Question is, since they're both full of beer still (Which no one in their right mind would drink being so old), do I need to have some sort of an odd liquor license to sell these? Or, since they're collector's items, how can I part with these without getting myself into some sort of legal trouble?

Thanks in advance for the advice!

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[shammus]

Bumping this one in the hopes someone sees it....

[Hankphenom]

This post should be on the memorabilia side, but assuming there's a market for these, take them to a show and sell them to a dealer. Or you could list them on Craigslist and have somebody pick them up. They are collectibles, you don't have to worry about liquor laws. Caveat: I am not a lawyer, and in no way should this be relied upon as any kind of sound legal advice.

[bnorth]

Your best bet is to sell them locally. As long as you don't sell them to a minor you will be OK.

[Casey2296]

Hi Brian,
Hope you are well. Shipping alcohol in any form is prohibited without a license, even as a gift. 1st infraction is usually a written warning. I'm no lawyer but I did stay at a Holiday Inn last night...

[Eggoman]

I've SAFELY shipped alcohol using FedEx. When I cleaned out my parent's liquor cabinet, my Pa had squirreled away some scotch for a "Special Occasion" which never happened...

I explained this to FEDEX and here is what I was allowed/guided to do.

You must first have a FEDEX Account and sign a FEDEX Alcohol Shipping Agreement. You will need to reach out to a FedEx representative for assistance, but it was NOT hard. Then, FedEx will enable the account to ship alcohol.

You will have to package it according to their standards, too.

It's a bit of a hassle, but it CAN be done - and I am by NO MEANS a big shipper!

FEDEX MIGHT have been in the wrong in allowing me to do this, but they DID let me do it!

[jfkheat]

I'm glad this question was posted. I have some bottles of Coors Brown Ale commemorating the day Coors Field opened in 1995. I was at the very first game ever played there.
James

[ThomasL]

Dont sell them to a minor...


also most craft beer in a dark bottle if stored properly is still very drinkable years later, there are some limited (once a year) releases of some beers that sell very high now.

[Eggoman]

FEDEX will REQUIRE that someone 21 years or older sign for the package...

[darkhorse9]

If you want legal advice and not just shipping advice, in most states it's illegal to sell alcohol without a license. Unless you're a liquor store, restaurant or a licensed seller the short answer is...you can't sell them full.

Now it's up to you to decide if that's a problem for you or not.

[bnorth]

Here is the real answer on shipping copy and pasted directly from the USPS web site. This is for normal everyday people and not a business.

422.11 Intoxicating Liquors
Intoxicating liquors having 0.5 percent or more alcoholic content are nonmailable. Taxable liquors (as defined by Chapter 51, Internal Revenue Service Code) with 3.2 percent or less alcohol, including those obtained under a prescription or as a collector’s item, also are nonmailable. The prohibition of the mailing of intoxicating liquors is contained in federal law (18 U.S.C. 1716).

[shammus]

Hey all! Wow, looks like I got quite a few responses here on the 2nd go-around!

To clarify, I'm definitely NOT shipping these. I would be selling them on Facebook Marketplace to someone local here in the KC area who would be able to come get them.

I was just hoping I'd be able to do that as a one-time occurrence since these are Collector's items and the actual beer is waaay to old to safely drink. Without needing some sort of odd temporary liquor license or opening myself up to getting fined or ticketed.

Thanks again for the responses!

[bnorth]

Originally Posted by shammus

Hey all! Wow, looks like I got quite a few responses here on the 2nd go-around!

To clarify, I'm definitely NOT shipping these. I would be selling them on Facebook Marketplace to someone local here in the KC area who would be able to come get them.

I was just hoping I'd be able to do that as a one-time occurrence since these are Collector's items and the actual beer is waaay to old to safely drink. Without needing some sort of odd temporary liquor license or opening myself up to getting fined or ticketed.

Thanks again for the responses!

If you open them and pour out the contents you can legally sell the empty bottles. Selling alcohol is illegal without a liscense and calling it a collectable doesn't make it any less illegal.

[shammus]

Hey Ben, hope all is well.

I'm a bit confused by two of your responses. Your most recent one above directly conflicts with your statement of "Your best bet is to sell them locally. As long as you don't sell them to a minor you will be OK." ....

[RCMcKenzie]

I would give them to my cousins for Christmas, and say, 'I looked for LSU commemorative beer, but couldn't find any, but I did find these...'


I don't really see a lot of upside for trying to sell these. Just my 2 cents.

[bnorth]

Originally Posted by shammus

Hey Ben, hope all is well.

I'm a bit confused by two of your responses. Your most recent one above directly conflicts with your statement of "Your best bet is to sell them locally. As long as you don't sell them to a minor you will be OK." ....

It is 100% illegal without a liscense. Just saying if done locally you are taking less of a risk in the first post.

The fine is up to $11,000 and 1 year in prison. Will you get that if caught, probably not if you have a clean record. Also FB marketplace or any online marketplace does not allow sales of alcohol.

[shammus]

Thanks for clarifying Ben, Yikes, that is a harsh price to pay. I agree, certainly not worth the risk if the punishment is that severe. In truth, I really didn't want to take ANY risk at all.

I'll be taking your advice here and hanging on to these I think and not bothering with selling them at all. That was exactly the sort of clarification I needed. Much appreciated guys!

Brian

[Yoda]

Send them and don't sweat it.

[bnorth]

Originally Posted by Yoda

Send them and don't sweat it.

Be sure to include a hand written signed reciept and you should be fine.

Since all threads need more pictures. Here is the only known unopened bottle of Pagan Pink Ripple.

[Leon]

Originally Posted by Yoda

Send them and don't sweat it.

For 2 collectible bottles I agree. Just make sure whomever would buy them is 21 or over and I don't think you have a problem. Maybe an in person transaction.. But everyone has to do what is comfortable for themselves...

.

[Gorditadogg]

Originally Posted by bnorth

Be sure to include a hand written signed reciept and you should be fine.



Since all threads need more pictures. Here is the only known unopened bottle of Pagan Pink Ripple.

So is it still unopened? Just wondering.

Sent from my SM-G955U using Tapatalk

[bnorth]

Originally Posted by Gorditadogg

So is it still unopened? Just wondering.

Sent from my SM-G955U using Tapatalk

Yes, I took the pic right before I posted it.