Moonshine Myths, Legends, Truth

1. MoonshineMyths, Legends, Truth

2. Agenda • Objective • What is moonshine? • Science and Art • What started it all? • Whiskey Tax Rebellion • What about Prohibition? • Moonshiners, Bootleggers, Speakeasies and Mobsters • What makes it illegal? • Moonshine on the way back? • Legal Distilleries • Long, Lost Outlaws

3. Objective • TSW: • Understand the history behind illegal liquor • Understand the true manufacturing and sales process of black market liquor • Understand current laws governing liquor in Tennessee and the US

4. What is moonshine??? • Illegally distilled liquor • An alcoholic beverage made by distillation rather than by fermentation • Can come in the form of: • Corn liquor • Aged liquor • Fruit brandies • Uncommon: rum, gin

5. Parts to Still • Pot • Cap • Thump Keg • Condenser commonly referred to as the “Worm” • Cooling Barrel • Piping from cap to thump keg to condenser. • Heating source, wood, LP gas • Burners

6. Common Type Stills • Ground Hog

7. Common Type Stills • Alabama Pot

8. How it Works

9. Still from Popcorn Sutton

13. Safety • Be aware of warning devices when approaching still site; trip wires, dogs, alarm systems, people with guns. • Stills typically operate off LP gas, no smoke to give away site. Gas valves are sometimes modified to let gas free flow from tank. • Fire hazard. • Cap will blow off when still is running. • The mash inside the still is extremely hot. • The still is hot and it will burn you.

14. Think One Won’t Explode & Burn

17. What started it all? • Whiskey Tax Rebellion • 1792 • Alexander Hamilton, Treasurer, needs money to pay off War debt • President Washington, a master distiller himself, decides to put tax on distilled spirits • Revolt in Pennsylvania • Washington utilizes Army to quell rebellion • Moonshiners head to Appalachia to escape taxation

18. What about Prohibition? • Moonshiners ready, see it as an opportunity, not a burden! • Organized crime makes its way to Appalachia • Large scale trafficking, violence invade the area • Johnson City dubbed “Little Chicago” • Rumored Al Capone had an apartment at John Sevier Hotel, now a big nursing home. • Speakeasies throughout the area, just like the rest of the country.

20. What makes it illegal? • Against federal and state law • Sometimes open to interpretation

21. Federal Law • CFR § 29.47 Notice requirement; manufacture of stills. • CFR § 29.49 Notice requirement; setup of still. • CFR § 29.51 Failure to give notice; penalty. • CFR § 29.55 Registry of stills and distilling apparatus. • CFR § 29.57 Failure to register; penalty.

22. State Law • 39-17-706. Manufacture of alcoholic beverages. (a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes.(b) A violation of this section is a Class A misdemeanor. • http://www.tn.gov/revenue/forms/petro/pet367.pdf • 39-17-707. Possession of still. (a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.(b) A violation of this section is a Class B misdemeanor. • http://www.hillbillystills.com/aboutus.asp

23. State Law • 57-9-102. Arrest of persons implicated in manufacture. It shall be the duty of such officer to make arrests of any and all persons implicated, aiding or abetting in the manufacture of intoxicating liquors, and take them before the proper officials and have them tried upon such charge. • 57-9-201. Beverages owned, possessed or sold by unlicensed persons deemed contraband -- Untaxed alcoholic beverages -- Seizure and sale -- Vehicles subject to confiscation. • (c) Vehicles and any other articles of personal property which may be found at a still, still site, or place of storage, which still, still site or place of storage is being used by persons known or unknown who have failed to procure a state liquor license, or have failed to pay the taxes imposed by § 57-3-302 are declared to be contraband goods and shall likewise be subject to confiscation and sale in the manner herein provided; however, before any vehicle declared to be contraband, under the provisions of this part, is sold as provided herein, a copy of notice of seizure shall be sent by registered mail to the owner and lienholder as of record in the motor vehicle division of the department of revenue. Such notice shall state a general description of the seized vehicle, the reasons for the seizure, the procedure by which recovery of the vehicle may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. A copy of the notice shall be filed in the office of the commission and shall be open to the public for inspection. • (f) The presence of alcoholic beverages at a still, still site or place of storage in excess of one gallon (1 gal.) without a bill of lading or receipt from a licensed retailer, wholesaler, winery or manufacturer shall create a rebuttable presumption that the taxes imposed by § 57-3-302 have not been paid.

24. It’s All About The Benjamin’s • Federal Taxes • Distilled Spirits - All $13.50 less any credit for wine and flavor content. • Proof Gallon - A proof gallon is a gallon of liquid that is 100 proof, or 50% alcohol. The tax is adjusted, depending on the percentage of alcohol of the product. • 750ml Bottle - $2.14 (at 80 proof) • State Tax - $4.40 Per Gallon – Spirits • High alcohol Content Beer – Between 5 % & 7% 1.10 gallon, over 7% $4.40 Per Gallon

25. Is moonshine on the way back? • Legal distilleries • http://johnsoncitypress.com/article/114089/craft-distillery-clears-first-hurdle-in-jonesborough • New fascination with outlaw life • http://www.moonshiners.com/

26. Reflection • Should moonshine remain illegal or is it an antiquated law?