President’s Notes

Last month, I proposed that we obtain public recognition of our not for profit status by filing as a 501 (c)(7) social/hobby club with the IRS. This recognition will allow our club to make money without paying income tax. More importantly, it will also show public recognition of our tax-exempt status to other businesses and NFP groups. This will help in the future when conducting business in the clubs name, and this will be needed if “The Taste of the Stateline” grows into something large. The move requires adoption of bylaws, filing the required forms and paying $150 fee to obtain a letter of ruling. 

During the meeting, I discussed some of the options considered for our organization structure. This issue of liability came up and resulted in a very lively discussion. This issue of my Presidents Notes will address our various organization options. Specifically, I will try to address the issue of liability. Of course, I am not a lawyer so everything is in my humble opinion (IMHO, and I will be using that term frequently).

Liability:

I have spoke with the AHA regarding this issue. There is no easy answer. The AHA has no knowledge of a brew club ever being sued, but the issue still remains. IMHO, under Illinois law, there is no easy way to avoid the issue of liability. In most cases, we are covered under the Dram Shop insurance of the establishments where we have our meetings. The only events where we may not be covered are The Taste of the Stateline, the Summer Picnics, the Oktoberfest Event and the Christmas Party. 

As our club is structured today, we are all collectively liable for our own actions, in addition the actions of other members and guests. We should be liable for our own actions, but what concerns me is personally being liable for the actions of other persons, sometimes hundreds of people, many whom I/we have never met. The liability comes from members serving alcohol, and also rests with the Officers as the event organizers. We don’t have bartenders training and Special Event or Dram Shop Insurance is cost prohibitive. At the Taste, we may or may not be covered under the Dram Shop of the establishment where we have our event. To be honest, I don’t really know and have not found anyone who can answer this question. 

At The Taste, the liability comes from Willful or Wanton conduct meaning a course of action which shows an actual or deliberate intention to cause harm, or which if not intentional, shows an utter indifference to, or conscious disregard for the safety of others or their property. IMHO, I believe the liability issue can be handled by, limiting tickets, providing taxi numbers, providing free transportation if necessary, providing non-alcoholic beverages and more. Another possibility is to transfer liability by hiring professional bartenders to work the event. We need to contact other clubs to see how they handle this issue. This should all be handled on the “Taste Committee” we assembled last month. 

Another option is forming a Not for Profit Corporation. The Officers were not in favor of this move. Here, the individual members are not liable for the clubs actions but the Officers are. Again, Officers insurance is not available for the kind of protection we need, which is property damage and personal injury. It cost $50 to apply with State of Illinois. In addition to filling out detailed forms, you must have a Board of Directors, and file the new Officer and Board members with the State each calendar year. 

I spoke with one club who tried this and wrote an article in Zymurgy. In hind site, they recommended against this move because the liability issue still remained. They felt that the structural requirements take away from original intent of the club, which is to have fun. After they unincorporated and dissolved their club, they actually went the complete opposite direction and formed a loosely run club without Officers. Probably, the best approach for addressing the issue of liability. I have also included this as an organizational option.

The remaining events are normally hosted at members’ homes, and IMHO liability rests with the homeowner and the club members. Again, there is not an easy answer. If you host an event and are concerned, I suggest that you obtain a personal liability umbrella for your home and vehicles. I personally have a million-dollar personal liability umbrella which costs around $120 per year.


Here are our options:

1) Status Quo, meaning continue to operate the same with no official NFP status:

Advantages: 1) Can continue to operate in the same manner; 2) No changes or cost associated with changes; 3) Can earn some money without drawing attentions to ourselves.
Disadvantages: 1) Officers and Members are individually liable; 2) Maybe a problem if the Taste continues to grow.

2) NFP 501c(7) recognized 
Advantages: 1) Can earn money for club without filing a return; 2) May have liquor license for events; 3) Public recognition of tax exempt status; 4) Exemption from certain state taxes; 5) Advance assurance to donors of deductibility of contributions; 6) Non Profit mailing privileges
Disadvantages: 1) Officers and Members are individually liable; 2) Must apply for NFP status and Letter of Ruling ($150)

NFP 501c(7) recognized and Incorporated
Advantages: 1) Individual Members not liable; 2) Can earn money for club without filing a return; 3) May have liquor license for events; 4) Public recognition of tax exempt status; 5) Exemption from certain state taxes; 6) Advance assurance to donors of deductibility of contributions; 7) Non Profit mailing privileges. 
Disadvantages: 1) Officers are liable (D&O insurance not available); 2) Structural requirements take away from original intent of the club (which is to have fun); 3) Must apply for NFP status and Letter of Ruling ($150); 4) Annual report to the State for new Officers and Directors required; 5) Would have to disband and un-incorporated club in event of club dissolution ($ required)

Loosely run club with out officers (pay as you go)
Advantages: 1) No targets for legal action; 2) Less structured 
Disadvantages: 1) Cannot earn money for club; 2) No Big Events; 3) No Officers (maybe an advantage?); 4) No Newsletters; 5) Less structured; 6) Pay as you go

Pat Cunningham, President

 

Last Meeting

November taster’s guild will be held at Bacchus, 515 East State Street, Rockford.

The annual Forest City Brewers Oktoberfest will once again be held at the Foster’s on 10/26

It was voted to form a committee to help put on this spring’s Taste of the Stateline event.

We’ll vote whether or not to apply for official Not For Profit Status at the October meeting.

The annual Forest City Brewers Christmas party will once again be held at the Theyerl’s on 12/14

Lynn Foster gave the presentation on Wheat beer and picked Ryan to give next month’s presentation on Oktoberfest. Who will the fickle finger of fate point to this month?

 

Best joke that I heard at the meeting - courtesy of Matt Coletta

A guy was pulled over for speeding and the cop says “Hey, it’s the end of the month and I’ve got my quota filled and besides my shift is almost over. If you can give me an excuse for your speeding that I’ve not heard before I’ll let you go.” So the guy says “My x-wife married a cop and when I saw your car in my rear view mirror I thought that you were trying to give her back.”

Monthly Normism

"Can I pour you a beer, Mr. Peterson?"
"A little early isn't it, Woody?"
"For a beer?"
"No, for stupid questions."

 

 


Has everyone met my pet nipple “Skippy”?

 

 

Richard Theyerl, Secretary

 
Study: 

Full Results from the Great American Beer Festival on Web

http://www.realbeer.com/spotlight/gabf2002/

World's biggest beer fest launched

MUNICH, Germany, (Reuters) --Beer lovers wearing traditional Bavarian
costumes have raised their glasses to open Munich's Oktoberfest, the
world's biggest beer festival.

Around seven million beer devotees are expected to crowd the 14
cavernous beer tents during the 16-day festival and the thirsty hordes
are set to quaff around five million litres of strong Bavarian lager.

Munich mayor Christian Ude, wearing Bavarian leather shorts, or
lederhosen, cracked open the first 200-litre keg at noon on Saturday
with a hammer and shouted "O'zapft is" -- the keg is tapped.

There were loud cheers before the beer fans settled down to concentrate
on the annual orgy of lager-guzzling.

Everyone agreed the atmosphere was much better than last year's
festival, which was nearly cancelled after the September 11 attacks.

Fewer visitors and a sombre note last year made for a subdued
Oktoberfest, itself the victim of a bomb attack in 1980 in which 13
people died, but there were few signs of residual gloom at this year's
event.

"The spirit has not changed, it's incredible. Last year was pretty
subdued, but this year there's a throng of people. And security has
been increased, which I'm glad to see," said Peter Valdivia, a Canadian
computer animator living in Munich.

Already one of Germany's richest cities, the Oktoberfest usually
injects nearly one billion euros ($980 million) into Munich's local
economy and provides work for 14,000 people.

 

Technical Corner

Beer in Space

Bubbly, frothing and ticklish - soft drinks and beer promise a welcome taste of home to faraway space travellers.

by Patrick L. Barry

A fizzy Coca-Cola droplet floats aboard the Space Shuttle in August 1985. In a weightless environment, bubbles of carbon dioxide ("carbonation") aren't buoyant, so they remain randomly distributed in the fluid. The result can be a foamy mess!

People can endure many discomforts in exchange for the thrill of living in space. The nausea of space sickness, fitful sleep without the familiar pressure of a bed, tasteless meals eaten from plastic

bags - it's all fine as long as the novelty of being in space lasts.

But after a while, the blush of excitement inevitably fades, and astronauts will begin to long for the comforts of home. For example,

the nose-tickling bubbles of a refreshing soft drink or a frothy

beer after work - these simple pleasures that we take for granted on Earth could do wonders for morale among long-term space travellers.

Of all the carbonated beverages people enjoy drinking today, beer is

the oldest and most familiar. Beer has likely been a part of society

since human civilization first arose. Historians believe that the

ancient Mesopotamian's and Sumerians were brewing beer as early as

10,000 BC. The ancient Egyptians and Chinese brewed beer, as did pre-Columbian civilizations in the Americas.

For the tradition of beer and its fizzy cousins to continue as people begin settling space, a few questions must first be answered.

Will fermentation work the same in weightlessness? What happens to carbonation when there's no buoyancy to bring the bubbles to the top? Can space beer form a proper head? Scientists who study the physics of gas-liquid mixtures would love to know!

Two separate space shuttle experiments tackled these questions. Both were engineered and mediated by BioServe Space Technologies, a NASA-sponsored Commercial Space Centre at the University of Colorado at Boulder. NASA's Space Product Development (SPD) program encourages the commercialization of space by industry through 17 such CSCs.

Kirsten Sterrett, a University of Colorado graduate student, first

became interested in how beer would brew in space while working at the Coors Brewing Company. Having studied aerospace engineering as

an undergraduate, she began to wonder: How would yeast that perform

fermentation fare in orbital free fall? The answer would not only shed light on the possible making of space-beer, but also provide valuable information to pharmaceutical companies with a keen interest in the biology of orbiting microbes.

Probably the oldest carbonated beverage still consumed today, beer has a long and rich tradition.

When she returned to CU-Boulder for her master's work, she chose the topic for her thesis. Her experiments were sponsored by Coors and flown on the shuttle with the help of BioServe.

"I always said I wouldn't do an experiment that I couldn't eat or

drink in the end," she jokes.

"Actually, after the experiment was all done, I gave (the space-beer) a little taste." The sample was only about 1 ml, which wasn't really enough to savor, she says, "but why throw something like that away?"

 

Along with her taste test, Sterrett performed a protein analysis on

the beer and the yeast, measured the beer's specific gravity (the force exerted on it by gravity per unit volume), and "repitched" the yeast by brewing subsequent batches of beer with it. By all of these measures, the space-beer appeared to be essentially the same as beer

brewed on Earth.

The behavior of the yeast was somewhat puzzling, though. The total

cell count in space-borne samples was lower than that of "control" samples brewed on the ground, and the percentage of live cells was also lower. One of the yeast's proteins also existed in greater amounts in the space-brew.

Sterrett's experiment couldn't suggest reasons for these changes,

but the overly abundant protein bears some resemblance to a general

stress protein.

The low cell count was particularly surprising, says Sterrett. In space, yeast cells remain evenly dispersed within the "wort" - a brewers' term for the pre-fermentation mixture of water, barley, hops, and yeast. Ideally, this would give the yeast cells better access to nutrients in the wort compared to similar mixtures on Earth, where the weight of the cells causes them to pile at the bottom one on top of the other.

“It's the same question that we're asking on the pharmaceutical side," says Louis Stodieck, director of BioServe. "We know from subsequent space experiments sponsored by Bristol-Myers Squibb Pharmaceutical Research Institute that the efficiency of producing fermentation products increases [in a weightless environment], in fact quite significantly." Some of those experiments produced as much as three times the fermentation products as control samples on the ground.

A far cry from the copper vats used to brew beer here on Earth, this Fluid Processing Apparatus was used by Sterrett to ferment a tiny batch of space-brew.

Pharmaceutical companies frequently use genetically-engineered microbes - usually bacteria - to produce medicinally-valuable proteins such as antibiotics through fermentation. By introducing the gene that codes for the protein into the bacteria's DNA, scientists convert the microbes into inexpensive, self-replicating medicine micro-factories. Space research with microbe fermentation might help improve this process. "What we're trying to do now is to find the specific mechanism of that (increased fermentation efficiency in space), and then we can ask whether we can modify the fermentation process on Earth to take advantage of that - or is it possible that we could genetically engineer an organism to mimic what it does in space," Stodieck says.

A more efficient fermentation process, even by a small percentage,

could potentially save millions of dollars in production costs.

For beer, of course, increased fermentation efficiency means a more

alcoholic brew - not necessarily good news for crew members who need

to remain sober in the dangerous environment of space. The alcohol

content of space-brews would need to be adjusted accordingly and, of

course, consumed in moderation.

But for alcohol content to even matter, future space residents will

first have to get the beer into a drinking container - a trickier

feat than it may seem.

"How do you dispense a beverage and keep the carbonation in solution

until the person is ready to drink?" Stodieck asks. "That's the challenge."

Changes in temperature and pressure, or even physical agitation of

the beverage as it's dispensed, can cause carbonation to come out of

solution prematurely. Because bubbles don't rise in free-fall the

result can be a foamy mass. This problem was addressed by experiments flown on the shuttle by The Coca-Cola Company, again with the help of BioServe. "They (The Coca-Cola Company) have a lot of technology that they develop for future ways of providing their drinks anywhere and everywhere,"

 

Stodieck notes. And indeed, their dispensing device flown on the

shuttle managed to serve a drinkable cola. It controlled the temperature of the beverage during mixing and dispensing with computer accuracy, and minimized agitation.

By dispensing the drink into a collapsible bag inside the

bottle, the pressure around the fluid can be constantly controlled, thus preventing the carbonation from coming out of solution too quickly.

Similar technology should prove effective for carbonated space

beers. Unfortunately it doesn't lend itself to the traditional frosty glass mug! Instead, beverages are dispensed into a special bottle that screws onto the dispenser. The bottle itself, which contains a collapsible bag, is internally pressurized. The pressure around the bag is slowly released as the beverage enters, maintaining the drink under constant pressure and producing a palatable soda or beer.

So maybe it's not exactly like having a beer on Earth, but

astronauts might nevertheless welcome a sip from the strange

contraption. Bubbly, frothing, and ticklish - it's a welcome taste

of home.

 

     

Newsletter Archive

September  2002

March part2 ?  2002

March  2002

February  2002

January  2002

December  2001

November 2001

October 2001

 

Barley News  ·Brew Board · Calendar  · Membership · Photos · Recipes · Links