(1) Except as provided in subsection (b) of this section, any person that shall brew, manufacture, or sell any liquor as defined by this subchapter without first having secured a permit from the Director of the Alcoholic Beverage Control Division authorizing the brewing, manufacturing, or sale of such liquor shall be guilty of a Class B misdemeanor.
(2) Home manufacturers of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per year shall be exempt as provided in § 3-5-205(f)(2) and § 3-5-207(b) from the permit requirements for the manufacture of beer and wine and shall not be prosecuted for brewing or manufacturing beer or wine without a permit.