Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 406
       
       
       
       
       
       
                                Ì271554-Î271554                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (7) of section 563.06,
    6  Florida Statutes, is redesignated as subsection (8), a new
    7  subsection (7) is added to that section, and present subsection
    8  (6) is amended to read:
    9         563.06 Malt beverages; imprint on individual container;
   10  size of containers; exemptions.—
   11         (6) All malt beverages packaged in individual containers
   12  sold or offered for sale by vendors at retail in this state
   13  shall be in individual containers containing 64 ounces, or a
   14  lesser size containing no more than 32 ounces, of such malt
   15  beverages. The containers shall include information specifying
   16  the manufacturer, the brand, and the percentage alcohol by
   17  volume of the malt beverage, and may be filled at the point of
   18  sale by either a licensed manufacturer, a vendor licensed under
   19  ss. 561.20(1)and 565.01(1)(a)-(f), or a vendor licensed for
   20  consumption on the premises, provided the license permits off
   21  premises sales. The containers must have an unbroken seal or be
   22  incapable of being immediately consumed. The containers may not
   23  be filled at the point of sale with alcoholic beverages
   24  purchased from a licensed distributor by a licensed
   25  manufacturer. ; provided, however, that nothing contained in
   26         (7) This section does not shall affect malt beverages
   27  packaged in bulk, or in kegs, or in barrels or in an any
   28  individual container containing 1 gallon or more of such malt
   29  beverage regardless of individual container type.
   30         (8)(7)  Any person, firm, or corporation, its agents,
   31  officers or employees, violating any of the provisions of this
   32  section, shall be guilty of a misdemeanor of the first degree,
   33  punishable as provided in s. 775.082 or s. 775.083; and the
   34  license, if any, shall be subject to revocation or suspension by
   35  the division.
   36         Section 2. Section 563.09, Florida Statutes, is created to
   37  read:
   38         563.09 Malt beverage tastings.—A licensed distributor of
   39  malt beverages, or any vendor, may conduct malt beverage
   40  tastings upon any licensed premises authorized to sell malt
   41  beverages by package or for consumption on premises without
   42  being in violation of s. 561.42 if the conduct of the malt
   43  beverage tasting is limited to and directed toward the general
   44  public of the age of legal consumption.
   45         Section 3. Paragraph (e) of subsection (14) of section
   46  561.42, Florida Statutes, is amended to read:
   47         561.42 Tied house evil; financial aid and assistance to
   48  vendor by manufacturer, distributor, importer, primary American
   49  source of supply, brand owner or registrant, or any broker,
   50  sales agent, or sales person thereof, prohibited; procedure for
   51  enforcement; exception.—
   52         (14) The division shall adopt reasonable rules governing
   53  promotional displays and advertising, which rules shall not
   54  conflict with or be more stringent than the federal regulations
   55  pertaining to such promotional displays and advertising
   56  furnished to vendors by distributors, manufacturers, importers,
   57  primary American sources of supply, or brand owners or
   58  registrants, or any broker, sales agent, or sales person
   59  thereof; however:
   60         (e) Manufacturers, distributors, importers, brand owners,
   61  or brand registrants of beer, and any broker, sales agent, or
   62  sales person thereof, shall not conduct any sampling activities
   63  that include tasting of their product at a vendor’s premises
   64  licensed for off-premises sales only.
   65         Section 4. This act shall take effect upon becoming a law.
   66  
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to malt beverages; amending s. 563.06,
   74         F.S.; providing for container sizes; providing for
   75         labeling; providing for filling containers at the
   76         point of sale by a manufacturer or vendor; providing
   77         for sealing containers; prohibiting filling containers
   78         at the point of sale with alcoholic beverages
   79         purchased from a distributor; creating s. 563.09,
   80         F.S.; authorizing malt beverage tastings upon certain
   81         licensed premises; amending s. 561.42, F.S.; removing
   82         the prohibition on beer samplings at the premises of
   83         certain vendors; providing an effective date.